Article 8 Volume 2 Flashcards
827- Issuance of warrant; certificate of warrant
The court may issue a warrant directing the respondent to be arrested and brought before the court when:
- The summons cannot be served
- The respondent has failed to obey the summons
- The respondent is likely to leave the jurisdiction
- A summons in the court’s opinion would be ineffectual
- The safety of _________ or ___________is in danger
- ____________ exist requiring the immediate arrest of the respondent (Ex:Serious physical injury, repeated violations, use of weapon)
the petitioner or a child ………..Aggravating circumstances
827- Issuance of warrant; certificate of warrant
- The petitioner may not serve the warrant without permission of the court.
- The clerk of the court may issue to the petitioner or a representative of an incorporated charitable or philanthropic society a “___________” indicating a warrant has been issued.
- The presentation to a police officer or peace officer acting pursuant to his special duties of this certificate authorizes him to arrest the respondent to bring him before the court
- A certificate of warrant expires ___________ from the date of issue but may be renewed from time to time by the clerk of the court
certificate of warrant ……….NINETY (90) DAYS
827- Issuance of warrant; certificate of warrant
Rules of the court provides that reports on unserved warrants be made periodically
Rules of the court provides that reports on unserved warrants be made periodically
828- Temporary order of protection; temporary orders for child support and spousal maintenance
Upon the filing of a petition or counterclaim under this article the court may issue a temporary order of protection, which is not a finding of _________
wrong doing
828- Temporary order of protection; temporary orders for child support and spousal maintenance
The court may issue or extend a temporary order of protection ex parte or on notice, or simultaneously with the issuance of a __________
warrant
828- Temporary order of protection; temporary orders for child support and spousal maintenance
Temporary Order of Child Support:
- Together with a temporary order of protection the court may also issue an order of temporary child support in an amount to meet the needs of the child, even if information regarding income and assets have not yet been provided.
- If such financial information is available at that time, the court may apply the support calculation ____________ in article 4 to the temporary order
- The same procedures applied to temporary orders of protection apply to final orders of protection as well
formulas
828- Temporary order of protection; temporary orders for child support and spousal maintenance
Temporary Order of Child Support:
- The court shall inform the petitioner of the availability of _____________ services when making an order for temporary child support.
- The court will also set the matter down for a support proceeding under Article 4
child support enforcement
828- Temporary order of protection; temporary orders for child support and spousal maintenance
Temporary Order of Spousal Support
(NEW) Where a temporary order of spousal support has not already been issued, the court may, in addition to the issuance of a temporary order of protection, issue an order directing the parties to appear within _____________ of the issuance of the order in the family court, for consideration of an order for temporary spousal support
The same procedures applied to temporary orders of protection apply to final orders of protection as well
seven business days
828- Temporary order of protection; temporary orders for child support and spousal maintenance
Temporary Order of Spousal Support
If the court directs the parties to appear, the court shall direct the parties to bring information with respect to income and assets, but a temporary order for spousal support (MAY/SHALL) be issued on the return date even if the respondent doesn’t appear or if the required financial information is unavailable.
MAY
828- Temporary order of protection; temporary orders for child support and spousal maintenance
Temporary Order of Spousal Support
(Bard) The court may order with an order of support that the respondent’s employer provide _________ for the child/spouse if the respondent has employer-provided medical insurance.
medical insurance
832- Definition of “fact-finding hearing”
The fact finding hearing is to determine whether the allegations of the petition are supported by a “____________________”
fair preponderance of the evidence” (F. POE)
833- Definition of “dispositional hearing”
The dispositional hearing determines what order of __________ should be made
disposition
834- Evidence
- Only evidence that is __________________ may be admitted at the fact finding hearing
- Only evidence that is ________________ may be admitted at the dispositional hearing
FACT FINDING: C MR F. POE
DISPOSITION: MR (POE? MAYBE?)
835- Sequence of hearings
Upon completion of the fact finding hearing the dispositional hearing (MAY/SHALL) commence immediately.
MAY
835- Sequence of hearings
____________ if provided shall be deemed confidential and shall not be furnished to the court until the conclusion of the fact finding hearing, for use in the dispositional hearing. The court may withhold these reports from or disclose in whole or in part to the child’s attorney, counsel, party in interest or other appropriate person
Probation reports
836- Adjournments
The court may adjourn the fact finding hearing or the dispositional hearing for ___________ on its own motion or on motion of either party
good cause shown
836- Adjournments
At the conclusion of the fact finding hearing and before the dispositional hearing commences, the court may adjourn the proceedings to make further inquiry in to the surroundings and capacities of the persons involved
836- Adjournments
At the conclusion of the fact finding hearing and before the dispositional hearing commences, the court may adjourn the proceedings to make further inquiry in to the surroundings and capacities of the persons involved
838- Petitioner and respondent may have friend or relative present
Unless the court finds it undesirable, the __________ shall be entitled to have a non-witness friend, relative, counselor or social worker present in the courtroom
petitioner
838- Petitioner and respondent may have friend or relative present
Unless the court finds it undesirable, the ___________ shall be entitled to have a nonwitness friend, relative, counselor or social worker present in the courtroom if such __________ is not represented by legal counsel
Respondent……. respondent
838- Petitioner and respondent may have friend or relative present
This section does not authorize any such friend or relative to take part in the proceedings although the court at any time could call them as a witness to testify
838- Petitioner and respondent may have friend or relative present
This section does not authorize any such person to take part in the proceedings although the court at any time could call them as a witness to testify
***841- Orders of disposition
At the conclusion of the dispositional hearing, the court may enter an order:***
- _________ the petition if the allegations are not established
- Suspending judgment for up to ____________
- Placing the respondent on probation for a period not exceeding __________ AND requiring the respondent to participate in a batterer’s education program
- Order of Protection for up to _______________ or in the event of aggravating circumstances or in violation of a prior order of protection, up to __________
- Direct payment of restitution in an amount not to exceed $___________
Dismissing……..SIX (6) MONTHS……… ONE (1) YEAR ……… TWO (2) YEARS………FIVE (5) YEARS…….. 10,000 DOLLARS
**841- Orders of disposition
At the conclusion of the dispositional hearing, the court may enter an order:***
- ________ the petition if the allegations are not established
Dismissing
***841- Orders of disposition
At the conclusion of the dispositional hearing, the court may enter an order:***
- Suspending judgment for up to ___________
SIX (6) MONTHS
***841- Orders of disposition
At the conclusion of the dispositional hearing, the court may enter an order:***
- Placing the respondent on probation for a period not exceeding __________ AND requiring the respondent to participate in a batterer’s education program
ONE (1) YEAR
***841- Orders of disposition
At the conclusion of the dispositional hearing, the court may enter an order:***
- Order of Protection for up to __________ or in the event of aggravating circumstances or in violation of a prior order of protection, up to ___________
TWO (2) YEARS…….. FIVE (5) YEARS
***841- Orders of disposition
At the conclusion of the dispositional hearing, the court may enter an order:***
- Direct payment of restitution in an amount not to exceed ____________ DOLLARS
$10,000.00
842- Order of protection
An order of protection shall set forth reasonable conditions of behavior to be observed for a period not to exceed _________ by the petitioner or respondent, or in the event of aggravating circumstances or in violation of a prior order of protection, up to ___________
The court may also, upon motion, extend the order of protection for a reasonable period of time upon a showing of good cause or consent of the parties.
TWO (2) YEARS ………FIVE (5) YEARS
842- Order of protection
Any order of protection issued pursuant to this section shall specify if an order of ____________ is in effect.
probation
842- Order of protection
The court may also award custody of the child during the term of the order of protection to either parent or to an appropriate relative within the __________ degree
The court (CAN/CANNOT) place or board out any child or to commit a child to an institution or agency pursuant to this section.
Second …….. CANNOT
842- Order of protection
As outlined earlier in the notes, the court may issue a temporary order of Child and/or Spousal Support as well as a medical support execution
842- Order of protection
As outlined earlier in the notes, the court may issue a temporary order of Child and/or Spousal Support as well as a medical support execution
842- Order of protection
(Bard) The clerk of the court must issue a copy of the order of protection or temporary order of protection to the petitioner, respondent, their counsel, and any other person affected by the order.
842- Order of protection
(Bard) The clerk of the court must issue a copy of the order of protection or temporary order of protection to the petitioner, respondent, their counsel, and any other person affected by the order.
842- Order of protection
The clerk must also ensure that a copy of the order is transmitted to the state or local correctional facility, supervising probation department, or department of corrections and community supervision where the individual is or will be detained, imprisoned, or under probation or parole supervision.
842- Order of protection
The clerk must also ensure that a copy of the order is transmitted to the local correctional facility, state or local correctional facility, supervising probation department, or department of corrections and community supervision where the individual is or will be detained, imprisoned, or under probation or parole supervision.
842- Order of protection
In addition to other provisions, the court may issue an order authorizing the party for whose benefit an order of protection has been issued to terminate a _______________ or _______________
lease or rental agreement.
842- Order of protection
The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor nor may such protected party be arrested for violating such order.
842- Order of protection
The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor nor may such protected party be arrested for violating such order.
