A wife accused of committing a family offense looks to have an order of fact finding vacated. The wife was convicted of disorderly conduct in criminal court and was granted a conditional discharge which required that she attend a anger management program and was issued a one year order of protection that she commit no further family offenses towards her husband according the New York Law Journal from October 19,2012. Family court then using the conviction moved to have fact finding order to be used to find out whether or not the wife did in fact commit a family offense and suspended judgment for six months. The wife now claims that the six months have passed and there had not been orders made by the court within those six months so the order should be then vacated and the family court petition should be dismissed. The court disagreed saying that the wife did not follow through with the conditional discharge and the order of protection like the conditional discharge would not expire until January 12, 2013. The court noted that said that the conditional discharge was a revocable deposition and at any time that she violated it she could be subject to a different sentence if she violated the terms for which she was convicted for. This gave the Family Court no basis to vacate the fact finding order.
If you are seeking divorce it is advisable to retain the expertise of an experienced attorney. Jayson Lutzky has over 29 years of experience practicing family law. He understands the importance of keeping up with new legal developments. Mr. Lutzky offers free initial consultations. To set one up, please call his office at (800) 660-5299 or visitÂ www.MyNewYorkCityLawyer.com. We can help you with family legal matters and hope to hear from you soon.