Form 8 2 PDF Details

In the intricate web of family dynamics and legal frameworks, the Family Offense Petition, known formally as Form 8-2, serves as a crucial tool for those seeking legal redress within the State of New York's Family Court system. Drafted with the intention of safeguarding individuals and their children from domestic disturbances that escalate into criminal offenses, this document meticulously outlines the procedural steps required to petition the court. Diverse in its application, the form addresses a range of familial relationships—whether by blood, marriage, or intimate partnerships not defined by living arrangements—and extends to those who have shared a household, highlighting the inclusive understanding of family units in legal considerations. Allegations span a spectrum from disorderly conduct and harassment, to more severe accusations like stalking, assault, and even sexual abuse, demanding a detailed recounting of incidents to substantiate claims. Intriguingly, the form also acknowledges the modern-day concern over pets' safety in domestic environments, symbolizing the recognition of their importance within families. Moreover, the petition incorporates questions related to firearm possession and threats, reflecting contemporary societal issues surrounding gun safety in domestic contexts. Respondents' history of offenses, alongside ongoing legal entanglements, are rigorously documented, setting the stage for the court's informed decision-making. Thus, Form 8-2 embodies a multifaceted approach to addressing and mitigating instances of family offenses, providing a structured path toward legal intervention and the protection of vulnerable individuals and their kin.

QuestionAnswer
Form NameForm 8 2
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesform 8 2 family offense, ny form 82 family offense, offense petition, new york family offense petition

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F.C.A. §§ 812, 818, 821

Form 8-2

 

(Family Offense Petition)

 

(12/2013)

FAMILY COURT OF THE STATE OF NEW YORK

 

COUNTY OF

 

..........................................................................................

 

Petitioner

Docket No.

-against-

FAMILY OFFENSE

 

PETITION

Respondent

 

............................................................................................

 

TO THE FAMILY COURT:

 

The undersigned Petitioner respectfully states that:

 

1.a. I reside at [specify address unless confidential]:1

b. The Respondent resides at [specify address unless confidential]:

2.a. The Respondent and I are related as follows [check all applicable box(es)]:

we are married

we were married

we have a child in common

we are parent and child

we are related by blood or marriage [specify how]:

we are in an intimate relationship (NOT casual social or business acquaintances) [describe]:

we were in an intimate relationship (NOT casual social or business acquaintances) [describe]:

we live together we lived together in the past we never lived together

b. Petitioner is a duly authorized agency, association, society or institution and is filing this petition pursuant to F.C.A. §822(b).

c. I am a peace officer and am filing this petition pursuant to F.C.A. §822(c).

3.The Respondent committed the following family offense(s) against me and/or my children, which constitute(s):

Disorderly conduct

Menacing in the second or third degree

Harassment in the first or second degree

Reckless endangerment

Aggravated harassment in the second degree Stalking

Assault in the second or third degree

Attempted assault

Criminal mischief

Sexual misconduct

Sexual abuse in the second2 or third degree Forcible touching

Strangulation

Criminal obstruction of breathing or

1If your health or safety or that of your child or children would be put at risk by disclosure of your address or other identifying information, you may apply to the Court for an address confidentiality order by submitting General Form GF-21, which is available on-line at www.nycourts.gov. See Family Court Act §154-b.

2Where victim is incapable of consent for reason other than being under age 17 [Penal Law §130.60(1)].

 

Form 8-2 Page 2

 

circulation

Identity theft in 1st, 2nd or 3rd degree

Grand larceny in 3rd or 4th degree

Coercion in 2nd degree [Penal Law §135.60 (1),(2),or (3)]

[Describe each incident; starting with the most recent incident; state date, time and location of each incident; specify all injuries and if any weapons were used. Use additional sheets where necessary]:

4.I have have not filed a criminal complaint concerning these incident(s)

[If so, please indicate court, county, date, charge(s) and status, if known]:

5.[Check applicable box(es)]:

a. I have no children and there are no other children living in my home.

b. The following children live with me [include children who are not yours]:

Name Date of Birth Relationship to Me

Relationship to Respondent

c. The following children are mine but do not live with me.

Name Date of Birth Lives With

Child’s Relationship to Respondent, if any

d. The Respondent committed family offenses against the above child or children as follows [describe including name(s) of child or children, nature of offense(s) and date(s)]:3

[Check boxes and complete any of the following paragraphs 6-13 that apply to you. Skip any that do not apply to you.]

6. The Respondent has acted in a way I consider dangerous or threatening to me, my children, a member of my family or household or person with whom I have or had an intimate relationship, in addition to the incident(s) described in question 3, as follows [describe]:

7. The Respondent was found to have violated an Order of Protection issued on behalf of me, my children, a member of my family or household or person with whom I have or had an intimate relationship as follows [describe]:

3Family offenses, when committed against a member of the same family or household or intimate partner, include the crimes of: assault or attempted assault, aggravated harassment or harassment, disorderly conduct, menacing, reckless endangerment, stalking, sexual abuse, sexual misconduct, forcible touching, strangulation, criminal obstruction of breathing or blood circulation, criminal mischief, grand larceny, identity theft and coercion.

).

Form 8-2 Page 3

8. The Respondent owns or has access to guns as follows [describe]:

9.a. The Respondent has a gun license or pistol permit for the following gun(s) as follows [describe]:

b. The Respondent has a gun license or permit application pending as follows

[describe]:

c. The Respondent carries a gun on his or her job as follows [describe]:

10.a. The Respondent threatened [check applicable box(es)]:

me my child or children [specify]:

a member or members of my household [specify]:

someone with whom I have or had an intimate relationship [specify]: with a gun or dangerous instrument or object as follows [specify]:

b. There is a substantial risk that Respondent would use or threaten to use a firearm or dangerous instrument or object against me, my child(ren), a member of my household or person with whom I have or had an intimate relationship on the basis of the following facts and for the following reasons [describe]:

11. The following court cases are pending between me and the Respondent [specify court, county, docket or index number, nature of action and status, if known]:

12. The Respondent has the following criminal convictions [specify, including date, crime, sentence and court, if known]:

13. [Applicable where protection is sought for pet(s)]:

a. The following pets live in my house [specify name(s) and type(s)]:

b.The Respondent injured or tried or threatened to injure pets in my household as follows [describe]:

14.I have not made any previous application to any court or judge for the relief requested in this petition, (except [specify the relief, if any, granted and the date of such relief; delete

if inapplicable]:

WHEREFORE, Petitioner respectfully requests this Court to:

a. adjudge the Respondent to have committed the family offense(s) alleged;

Form 8-2 Page 4

b. enter an order of protection, specifying conditions of behavior to be observed by the Respondent in accordance with Section 842 of the Family Court Act;

c. enter a finding of aggravated circumstances [delete if inapplicable];

d. enter a temporary order of child support in accordance with Family Court Act §828(4) [delete if inapplicable];

e. order such other and further relief as to the Court seems just and proper.

Dated:

Petitioner: (print or type name)

/ Signature

 

 

Petitioner’s Attorney, if any (print or type name) /

Signature

 

 

 

 

Address and telephone number of Attorney, if any

How to Edit Form 8 2 Online for Free

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When it comes to fields of this particular document, here's what you should do:

1. Start completing your new york form 8 with a number of major blanks. Note all of the necessary information and be sure absolutely nothing is neglected!

form 2 8 completion process explained (stage 1)

2. Just after filling in the previous part, go to the subsequent part and complete the essential particulars in these blanks - a The Respondent and I are, we were married we are parent, b Petitioner is a duly authorized, is filing this petition pursuant, c I am a peace officer and am, The Respondent committed the, children which constitutes, Disorderly conduct Harassment in, Menacing in the second or third, Aggravated harassment in the, Assault in the second or third, Criminal mischief Sexual abuse, and Sexual misconduct.

form 2 8 completion process shown (step 2)

It's very easy to get it wrong while filling in your is filing this petition pursuant, so make sure to look again before you finalize the form.

3. The third step is usually simple - fill out all of the fields in Criminal mischief Sexual abuse, Criminal obstruction of breathing, If your health or safety or that, and Where victim is incapable of in order to finish this process.

Ways to fill in form 2 8 step 3

4. Now start working on this fourth segment! Here you've got all these Identity theft in st nd or rd, Coercion in nd degree Penal Law, circulation, Describe each incident starting, I have have not filed a, If so please indicate court county, Check applicable boxes, a I have no children and there, Name, and b The following children live empty form fields to fill out.

Stage no. 4 for filling in form 2 8

5. The document needs to be completed within this section. Here you can see a full listing of fields that require specific details to allow your form submission to be complete: Name, c The following children are mine, Childs Relationship to Respondent, d The Respondent committed family, Check boxes and complete any of, The Respondent has acted in a, my children a member of my family, The Respondent was found to have, behalf of me my children a member, and Family offenses when committed.

Part # 5 of completing form 2 8

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