Article 8 Volume 1 Flashcards
812- Procedures for family offense proceedings.
The family court and the criminal courts shall have concurrent jurisdiction over any proceeding concerning acts which would constitute:
- grand larceny 3rd, 4th
- criminal obstruction of breathing or blood — circulation (unlawful)
- dissemination or publication of an intimate image (unlawful)
- Stalking 1st, 2nd, 3rd, 4th
- harassment 1st, 2nd/ aggravated harassment 2nd
- (endangerment) reckless
- strangulation 1st, 2nd
- menacing 2nd, 3rd/ criminal mischief
- assault 2nd, 3rd/ attempted assault
- disorderly conduct
- sexual misconduct/ forcible touching/ sexual - abuse 2nd, 3rd
- identity theft 1st, 2nd, 3rd
- coercion 2nd, 3rd
FUTURECLERK2022 HINT: GOD, SHE’S MAD SIC
812- Procedures for family offense proceedings.
These offenses must be between:
- spouses or former ________ , or
- between ______ and _______ or
- between members of the same family or ___________ except that if
- the respondent would not be criminally responsible by reason of age, then the __________ shall have exclusive jurisdiction over such proceeding.
Spouses…… parent and child…. household….. family court
812- Procedures for family offense proceedings.
For purposes of this article, “members of the same family or household” shall mean the following:
(a) persons related by __________ or affinity;
(b) persons legally _________ to one another;
(c) persons formerly married to one another regardless of whether they still reside in the same ________
(d) persons who have a ____________ regardless of whether such persons have been married or have lived together at any time; and
(e) persons who are not related by consanguinity or affinity and who are or have been in an _________ regardless of whether such persons have lived together at any time.
Consanguinity…….. married…. household……. child in common………. intimate relationship
812- Procedures for family offense proceedings.
For purposes of this article, “disorderly conduct” includes disorderly conduct not in ________
a public place.
812- Procedures for family offense proceedings.
Factors the court may consider in determining whether a relationship is 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.
812- Procedures for family offense proceedings.
Factors the court may consider in determining whether a relationship is 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.
812- Procedures for family offense proceedings.
Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “_______________”.
intimate relationship
812- Procedures for family offense proceedings.
A court shall not deny an order of protection, or dismiss a petition, solely on the basis that the acts or events alleged are not relatively _______________ with the date of the petition, the conclusion of the fact-finding or the conclusion of the dispositional hearing.
contemporaneous
812- Procedures for family offense proceedings.
- The chief administrator of the courts shall designate the appropriate persons including but not limited to, district attorneys, court clerks, county attorneys, police officers etc., to inform the petitioner or complainant of the following:
- That there is concurrent jurisdiction in both criminal and family courts
- That a family court proceeding is a civil proceeding to stop the violence and protect the family, while a criminal proceeding is to prosecute a person and can result in a criminal conviction
- That a proceeding is initiated by the filing of an accusatory instrument or family court petition, and not the arrest itself
- That an arrest may proceed the filing, but is not a requirement
- That even though they choose to file in family court the criminal court still has jurisdiction to hear a family offense proceeding
- The chief administrator of the courts shall prescribe an appropriate form to implement this information
812- Procedures for family offense proceedings.
- The chief administrator of the courts shall designate the appropriate persons including but not limited to, district attorneys, court clerks, county attorneys, police officers etc., to inform the petitioner or complainant of the following:
- That there is concurrent jurisdiction in both criminal and family courts
- That a family court proceeding is a civil proceeding to stop the violence and protect the family, while a criminal proceeding is to prosecute a person and can result in a criminal conviction
- That a proceeding is initiated by the filing of an accusatory instrument or family court petition, and not the arrest itself
- That an arrest may proceed the filing, but is not a requirement
- That even though they choose to file in family court the criminal court still has jurisdiction to hear a family offense proceeding
- The chief administrator of the courts shall prescribe an appropriate form to implement this information
812- Procedures for family offense proceedings.
No official shall prevent a person from ______________ or complaint or having access to the court to do so
filing a petition
812- Procedures for family offense proceedings.
- Every police officer, peace officer or district attorney investigating a family offense, shall advise the victim of the availability of a shelter or other community services, and shall immediately give the victim written notice of their legal rights and (bard) the different resources that are available to victims of domestic violence. It also explains what these resources can do to help, such as providing a safe place to stay, connecting victims with legal services, and issuing orders of protection.
- Such notice shall be available in Spanish, English, Chinese, and Russian, and if necessary delivered orally.
- The division of criminal justice services in consultation with the state office for the prevention of domestic violence shall prepare the form of such written notice consistent with the provisions of this section and distribute copies thereof to the appropriate law enforcement officials.
- Additionally, copies of such notice shall be provided to the chief administrator of the courts to be distributed to victims of family offenses through the family court at such time as such persons first come before the court and to the state department of health for distribution to all hospitals.
- No cause of action for damages shall arise in favor of any person by reason of any failure to comply with the provisions of this subdivision except upon a showing of gross negligence or willful misconduct
812- Procedures for family offense proceedings.
Every police officer, peace officer or district attorney investigating a family offense, shall advise the victim of the availability of a shelter or other community services, and shall immediately give the victim written notice of their legal rights and (bard) the different resources that are available to victims of domestic violence. It also explains what these resources can do to help, such as providing a safe place to stay, connecting victims with legal services, and issuing orders of protection.
Such notice shall be available in Spanish, English, Chinese, and Russian, and if necessary delivered orally.
The division of criminal justice services in consultation with the state office for the prevention of domestic violence shall prepare the form of such written notice consistent with the provisions of this section and distribute copies thereof to the appropriate law enforcement officials.
Additionally, copies of such notice shall be provided to the chief administrator of the courts to be distributed to victims of family offenses through the family court at such time as such persons first come before the court and to the state department of health for distribution to all hospitals.
No cause of action for damages shall arise in favor of any person by reason of any failure to comply with the provisions of this subdivision except upon a showing of gross negligence or willful misconduct
813- Transfer to criminal court
At any time ______ to the finding on the petition, the court may with the consent of the petitioner and upon notice to the district attorney order the matter to be _____________ in a criminal court, if determined the interests of justice so require
Prior…….. tried as a criminal action
813- Transfer to criminal court
Along with the transfer, the family court may issue a temporary order of protection that will remain in place until action by the criminal court or the defendant is ___________ on an accusatory instrument.
arraigned
813- Transfer to criminal court
Nothing herein shall be deemed to limit or restrict the petitioner’s rights to proceed directly in criminal and/or family court
813- Transfer to criminal court
Nothing herein shall be deemed to limit or restrict the petitioner’s rights to proceed directly in criminal and/or family court
814- Rules of court regarding concurrent jurisdiction
The ____________ shall promulgate rules for the concurrent jurisdiction between the courts
chief administrator of the courts
814a- Uniform forms
The ____________ shall promulgate uniform temporary and permanent order of protection forms
chief administrator of the courts
