Practice point: The criminal and family courts have concurrent jurisdiction over any
proceeding concerning acts which would constitute disorderly conduct, as
defined by the Penal Law, when committed between spouses, pursuant to Family Ct. Act § 812; CPL 100.07, 530.11[1]. In a family offense proceeding, the
petitioner has the burden of establishing, by a fair preponderance of
the evidence, that the charged conduct was committed as alleged in the
petition, pursuant to Family Ct. Act § 832.
Student note: The petitioner is required to prove that the spouse's conduct was committed with the
intent to cause, or recklessly posed a risk of causing, public
inconvenience, annoyance, or alarm.
Case: Matter of Cassie v. Cassie, NY Slip Op 05446 (2d Dept. 2013)
Here is the decision.
Tomorrow's issue: Aiding and abetting a breach of fiduciary duty, and appeals from denial of a dismissal motion.
