Article 8 Flashcards
T/F venue of a family offense proceeding is county where acts occurred, or county where family or household or any party resides. Residence shall include a residential program for victims of domestic violence, as defined in subdivision 459-a of the social services law, or a shelter for the homeless
True
FCA 818
Probation service may attempt to adjust a case for 2 months. Judge may extend for 2 additional periods of __ days each.
60 days
FCA 823
A certificate of warrant issued by the clerk of the court in lieu of actual warrant expires __ days from the date of issue and can be renewed from time to time by the clerk of the court.
90 days
FCA 823
Evidence at fact-finding hearing must be _______________.
Competent, relevant and material (CRAM)
FCA 834
Evidence at Dispositional hearing must be _____________
Material and relevant (RAM)
FCA 834
Family offense summons and petition must be served at least ____ before time stated for appearance
24 hours
FCA 826
Fact-finding hearing determination shall be based on ____________
Fair preponderance of the evidence
FCA 832
T/F Petitioner, but not the respondent, is entitled to a non-witness friend to be present in the courtroom. However, if the court finds it undesirable, the court may exclude such person
False
FCA 838
Restitution in a family offense proceeding can be up to ______.
$10,000
FCA 841
An OP can be for s maximum of ___ years, if there are aggravating circumstances
5 years
FCA 842
Upon willful failure to obey a family offense a court order maximum jail time is ____.
6 months
FCA 846-a
The FC and criminal court have ________ jurisdiction over family offenses
Concurrent
FCA 812
T/F To be considered members of the same family or household, persons who have a child in common must have lived together at some time
False
FCA 812
T/F if s petitioner has already started a family offense proceeding, the petitioner needs FC approval to start a criminal action
False
FCA 813
Venue of a family offense proceeding is _________
County where acts occurred,nor where family or housed or any party resides
FCA 818
T/F when the FC is not in session, an arrest or initial appearance of s respondent may be in a CC.
True
FCA 821
Which parties in family offense proceeding have the right to free counsel if indigent?
The petitioner an respondent.
FCA 821-a
___________ shall issue rules regarding concurrent jurisdiction, and uniform forms.
The chief administrator of the courts
FCA 814 and 814a
Which of the following four statements is not correct?
A. Prior to s finding, the FC may with consent of petitioner, and notice to the DA, transfer s case to the criminal court.
B. Any order of protection in effect continues until the arraignment in criminal court.
C. The petitioner needs FC approval to commence a criminal prosecution
D. The FC proceeding and criminal court proceeding can go on concurrently.
C. The petitioner needs FC approval to commence a criminal prosecution
FCA 813 (does not need approval)
Which of the following two statements are correct?
1. Venue of a family offense proceeding is county where acts occurred, or county where family or household or any party resides
2. Residence shall include a residential program for victims of domestic violence, as defined in subdivision 459-a of the social services law, or a shelter for the homeless
A. Only statement 1
B. Only statement 2
C. Both statements are not correct
D. Both statements are correct
D. Both statements are correct
FCA 818
Which of the following statements is not correct? A family offense proceeding is originated by filing petition which must contain:
A. An allegation that respondent committed a crime
B. Relationship of alleged offender to petitioner
C. Name of each child in household and relationship to petitioner and respondent
D. Request for op or court’s conciliation procedures
A. An allegation that respondent committed a crime
FCA 821
Which of the following is not an “aggravating circumstance”?
A. Physical injury to the respondent caused by the petitioner
B. Use of a dangerous instrument by respondent against petitioner
C. A history of repeated violations of prior orders of protection
D. Prior convictions of crimes against the petitioner by respondent
A. Physical injury to the respondent caused by the petitioner
FCA 826
Service of a family offense summons and petition must be made at least \_\_\_\_\_\_ before time stated for appearance A. 1 day B. 72 hours C. 3 days D. None of the above
D. None of the above
FCA 826 (24 hours) this is bullshit
Which of the following conditions is not a justification for issuance of a family offense warrant?
A. The summons cannot be served
B. The respondent has failed to obey the summons
C. Respondent on bail or parole has failed to appear
D. The respondent is likely to leave the jurisdiction
C. Respondent on bail or parole has failed to appear
FCA 827
At a family offense hearing, petitioner may have a friend or relative present under the following circumstances
A. In all cases
B. Where court does not find it undesirable
C. Where respondent consents
D. None of the above
B. Where court does not find it undesirable
FCA 838
Which of the following is not a valid family offense order of disposition?
A. Suspending judgment (for up to 1 year)
B. Order of protection
C. Order for restitution of up to $10,000
D. Placing respondent on probation for up to 1 year
A. Suspending judgment (for up to 1 year)
FCA 841
Family offenses include:
1. Disorderly conduct
2. Reckless endangerment
3. Assault in the second degree, assault in the third degree, or an attempted assault
4. Murder in the second degree
A. 1,2,3 and 4
B. 1 and 2
C. 1,2 and 3
D. 2 and 3C. 1, 2 and 3
FCA 812
A family offense petition must contain
1. An allegation that respondent committed one of the family offenses (FCA 812)
2. Relationship of alleged offender to petitioner
3. Name of each child in household and relationship
4. Copy of notice (FCA 812: rights of domestic violence victim)
A. 1, 2, 3 and 4
B. 1 and 2
C. 1, 2 and 3
D. 1 and 4
A. 1, 2, 3 and 4
FCA 821
Which of the following as not included in definition of MEMBERS OF THE SAME HOUSEHOLD?
A. Persons presently or formerly legally married to one another
B. Persons related by affinity or consanguinity
C. Persons who have a child in common
D. Persons working in the same office
D. Persons working in the same office
FCA 812
Which of the following statements relating to a family offense is not correct?
A. A family offense proceeding in FC is not a criminal proceeding
B. FC and criminal court have concurrent jurisdiction
C. A family offense proceeding is a civil proceeding
D. An arrest may not precede the commencement of a FC or criminal court proceeding
D. An arrest may not precede the commencement of a FC or criminal court proceeding
FCA 812
Which of the following statements is correct? The venue of a family offense proceeding is county
1. Where acts occurred
2. Where any member of the household resides
3. Where there is a shelter for homeless used by member of the household
A. 1, 2 and 3
B. Only 2
C. 1 and 2
D. Only 1
A. 1, 2 and 3
FCA 818
Of the following, who cannot originate a family offense proceeding?
A. Child, spouse, parent, member of the same family or household
B. Any peace officer
C. Duly authorized association, institution, society, or agency
D. Any police officer or a person on court’s own motion
B. Any peace officer
FCA 822
