"[A] family court proceeding is a civil proceeding and is for the purpose of attempting to stop the violence, end the family disruption and obtain protection." In order to support a finding that a respondent has committed a family offense, the petitioner must prove the allegations by a fair preponderance of the evidence. In deciding a motion to dismiss a petition, the allegations in the petition, as well as the petitioner's evidence, must be accepted as true and given the benefit of every reasonable inference which may be drawn therefrom.
Matter of Phillip D.S. v. Shamel B., NY Slip Op 06460 (1st Dep't November 18, 2021)
