A family offense in New York State is a crime committed against a family member, but it’s not what you think. You can commit a family offense and not be related to the person. If you have a child in common, that’s a family offense because that child is the mutual bond between the two parties, as that child is family to both of them.
If the person involving the criminal activity is part of an intimate relationship, it is deemed a family offense. Under New York State law, an intimate relationship does not require sexual conduct. You can have a close friend that you have no sexual relations with, but based on the duration and frequency of your meeting, the law will still deem that to be an intimate relationship, and a family offense violation.
One of the family offenses involves identity theft. If you’re accused of assuming someone else’s identity, and that person is a family member by blood, marriage, child relationship, or intimacy, without sexual relations just by duration and frequency, those sentences can be enhanced.
The other crimes that can be considered family offenses if claimed by a family member include disorderly conduct, harassment, aggravated harassment, menacing, assault, stalking, criminal mischief or reckless endangerment. When the judge determines that there is probable cause against the person of whom claims were made, they may issue an order of protection to maintain the safety of the person affected by the claim.
