In a recent court case in New York County, Matter of A.C. v. G.P., O-02931-21 (November 18th), a Family Court Judge found that a petitioner who had filed a family offense petition requesting an order of protection was not credible, and the case was dismissed.  What is of interest in this particular case is that, in this climate, it is highly likely that a petitioner will be successful on a family offense petition.  However, in this case, during the trial, because of the inconsistencies in the petitioner’s testimony, including her characterization that there were times where there were cordial exchanges between her and the respondent and, at one point, the petitioner’s doorman testified that he saw the respondent in her building but conceded that he believed respondent was waiting for defendant, not stalking her.  The court found the petitioner not credible and dismissed her case.

The petitioner argued that the court must afford her the benefit of every favorable inference and argued the court’s decision was unfair.  However, it is up to the court to decide on the credibility of testimony.  This is very subjective. In it’s analysis the court will look at the actual testimony, as well as body language, intonation of the voice and tone, eye contact, and overall demeanor during the testimony and how the witness conducts themselves before the court. It is based on observations as well as on the testimony given. 

 In many of these family offense/order of protection cases, it is based on he said/she said testimony, and it really will come down to who the Judge will believe unless there is some evidence by means of a picture, recording, or a factual non-biased witness who saw the interaction between the petitioner and Respondent or witnessed the allegations contained in the family offense petition. 

 Many people do not realize that a family offense is a violation of the penal code and the elements of that particular crime needs to be proven, and the elements are contained in the penal code so whatever you’re being accused of, whether it’s harassment, disorderly conduct, assault, you need to look at the elements of those particular charges in the criminal statutes to see what needs to be proven in order to be successful in a family offense case.  This case gives new meaning to he said/she said testimony. Success is precarious at best.