Family Offense Petition and Restitution

Posted By The Law Office of Kelley M. Enderley, PC || 30-Nov-2015

Family Offense Petitions can often occur due to an individual causing property damage. These costs may be due to the destruction of a cell phone, furniture or medical costs that an individual incurs. Family Court’s have the ability to order an individual to pay restitution for these costs in an amount not to exceed $10,000.00.

This is a fully enforceable order through the Family Courts due to it being related to a Family Offense Petition. However, proof must be provided to show the amount of costs involved, what the out of pocket or replacement value of items were and/or the amount medical bills not covered by insurance. Without this crucial information an attorney cannot properly represent that restitution is owed to an individual let alone the amount that may be owed.

Most Family Offense Petitions settle during court proceedings. However, should a party need to move forward with a trial these documents will be crucial evidence at the time of the trial so it is important to tell an attorney representing you about their existence. As a rule of thumb you only get what you ask for. As such, if you don’t ask your attorney to obtain restitution for you there is no chance that you will get restitution.

Categories: family law