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Disorderly Conduct Conviction: the Basis for Family Offense Petition

Kamruli was convicted of disorderly conduct in a Criminal Court on October 19, 2015. His wife, Dolaly, had filed in the Family Court of Queens county a petition alleging a family offense under Family Court Act Section 812-1 which stated she had been assaulted by her husband, Kamruli on two separate occasions.  Dolaly took the position since this matter had been adjudicated, by the criminal court, her husband could not deny the allegations in Family Court and in addition the Family Court should consider this issue regarding the assaults to be resolved in her favor.

Judge John Hunt sitting in the Family Court ruled Kamruli could not submit one position in the criminal court and an inconsistent position in the Family Court.  Judge Hunt then ruled there was sufficient proof that Kamruli’s conviction for disorderly conduct constituted one or more valid allegations in his wife’s family offense petition and therefore Dolaly’s family offense petition was considered to be proved and the relief she requested was granted.

Conclusion

There is often an interaction between domestic violence issues in the Family Court in the state of New York and in the Criminal Courts. This case stands for the position if an individual is convicted in Criminal Court, the conviction can be used against him or her to prove the truthfulness of the allegations against the individual in the Family Court too.

Attorney Elliot S. Schlissel

Elliot S. Schlissel and his associates represent clients in the Metropolitan New York area in domestic violence matters, family court proceedings and divorce cases.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore