You are here: / / An “Intimate Relationship” Within the Meaning of Family Court...

An “Intimate Relationship” Within the Meaning of Family Court Act 812 Does Not Necessarily Involve Sexual Intimacy

An “intimate relationship” (Family Court Act 812) must exist before one party to the relationship can petition Family Court seeking relief based upon family offenses. The Third Department determined Family Court should not have dismissed the petition on the ground that one party identified as heterosexual and the other as homosexual, indicating there was no sexual relationship. Sexual intimacy is not required to establish an “intimate relationship” under the Family Court Act. On the other hand, cohabitation, standing alone, is not enough. The matter was sent back for a determination (re: the existence of an “intimate relationship”) applying he statutory factors:

… [W]e agree with petitioner that her implicit acknowledgment that she had not had a sexual relationship with respondent did not justify Family Court ruling, as a matter of law, that the two did not have an intimate relationship within the meaning of Family Ct Act § 812 (1) (e). Initially, “the governing rule of statutory construction is that courts are obliged to interpret a statute to effectuate the intent of the Legislature, and when the statutory language is clear and unambiguous, it should be construed so as to give effect to the plain meaning of the words used” … . Turning to the relevant provision, Family Court’s subject matter jurisdiction includes family offense petitions involving people who are or were previously engaged in an “intimate relationship” (Family Ct Act § 812 [1] [e]). Factors relevant to determining the existence of an intimate relationship “include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship” (Family Ct Act § 812 [1] [e]…).

Considering these enumerated factors, the Legislature unambiguously established that the phrase “intimate relationship” is not limited to relationships that include sexual intimacy (Family Ct Act § 812 [1] [e]…). Matter of Arita v Goodman, 2015 NY Slip Op 07719, 3rd Dept 10-22-15

 

You might also like
A CITY CODE ENFORCEMENT OFFICER ORDERED PETITIONER-TENANT TO VACATE HER APARTMENT AFTER FINDING SOME WINDOWS DID NOT OPEN; PENDING THE INSTANT APPEAL, THE CITY AMENDED THE CODE TO ALLOW A HEARING IN THIS CIRCUMSTANCE (RELIEF REQUESTED BY THE PETITIONER); THE CODE ENFORCEMENT OFFICER WAS AN AGENT OF THE STATE AND PETITIONER WAS ENTITLED TO COSTS, DISBURSEMENTS AND COUNSEL FEES AS THE PREVAILING PARTY IN THIS ACTION AGAINST THE STATE (THIRD DEPT). ​
GRAND-JUROR BIAS ISSUE IS FORFEITED BY A GUILTY PLEA; ERRONEOUS ADVICE RE APPEALABILITY OF THE ISSUE REQUIRED REMITTAL TO GIVE DEFENDANT OPPORTUNITY TO MOVE TO WITHDRAW HIS PLEA.
Proof of Inability to Control Sexual Behavior (Over and Above Proof of Antisocial Personality Disorder [ASPD]), Deemed Sufficient to Justify Confinement as a Dangerous Sex Offender
HEARING OFFICER IMPROPERLY LIMITED THE NUMBER OF WITNESS PETITIONER COULD CALL, NEW HEARING REQUIRED.
QUESTION OF FACT WHETHER LEAVING AN ELEVEN-YEAR-OLD BOY UNSUPERVISED CONSTITUTED NEGLIGENCE; THE BOY, WHO WAS VISITING HIS 13-YEAR-OLD FRIEND’S HOME, WAS SEVERELY INJURED ATTEMPTING TO DO A FLIP OFF A PICNIC TABLE (THIRD DEPT).
Defendant Entitled to New Counsel After Defense Attorney Took a Position Adverse to Defendant’s Pro Se Motion to Withdraw Guilty Plea
Antenuptial Agreement Was a Valid Contract Which Controlled Interpretation of Trust Documents
ADMINISTRATIVE APPEAL OF THE DENIAL OF DEFENDANT’S APPLICATION FOR PAROLE WAS TAINTED BY INACCURATE INFORMATION ABOUT THE OFFENSES COMMITTED BY DEFENDANT (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Zoning Board’s Determination Lacked a Rational Basis The Unaccepted Offer of a Key to Defendant’s Apartment Made to the 10-Year-Old...