cpl 530 volume 2 Flashcards
530.12 protection for victims of family offenses
5 a). Entry of an order of protection upon conviction
Upon a conviction of any crime or violation between spouses, parent and child, or between members of same family or household, the court may in addition to any other disposition, enter an order of protection, as follows:
- Felony = shall not exceed _____ from date of sentencing, or ________ from the date of expiration of maximum term of an indeterminate or determinate sentence of imprisonment.
- Class A misdemeanor = not to exceed _________ from date of sentencing.
- Any other offense = not to exceed _________ from date of sentencing.
5 years……. 3 years ……. 3 years…….. 1 year
In the year 5331… No one is having fun…
530.12 protection for victims of family offenses
5 a). Entry of an order of protection upon conviction
Felony
Shall not exceed 5 years from date of sentencing, or 3 years from the date of expiration of maximum term of an indeterminate or determinate sentence of imprisonment
530.12 protection for victims of family offenses
5 a). Entry of an order of protection upon conviction
Class A misdemeanor
Shall not to exceed 3 years from date of sentencing
530.12 protection for victims of family offenses
5 a). Entry of an order of protection upon conviction
Any other offense
Shall not to exceed 1 year from date of sentencing
530.12 protection for victims of family offenses
- Such order of protection shall be filed by the clerk of the court (and may be filed by ________ ) with the sheriff’s office of county or police department of city
- The order shall state the date such order _______
Complainant …. expires.
530.12 protection for victims of family offenses
6(a). Court shall inquire as to existence of other orders of protection between the defendant and the person(s) for whom the order of protection is sought.
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530.12 protection for victims of family offenses
- A family offense occurring after the issuance of an order of protection under this section shall be deemed a ____________ for which a ______________ or Family Court petition may be filed.
new offense …….. new accusatory instrument
530.12 protection for victims of family offenses
- Clerk shall issue a copy of order of protection or TOP to complainant, defendant, defendant’s counsel and any other person affected by the order and relevant local correctional facility where individual will be detained, probation department or division of parole, or department of corrections and community supervision.
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530.12 protection for victims of family offenses
- If person is arrested on a family offense (without a pending case), the complainant may file a_________ and an ____________
Family Court petition …….. accusatory instrument.
530.12 protection for victims of family offenses
- Person may be additionally punished for _______ for violation of order of protection or TOP.
contempt
530.12 protection for victims of family offenses
- If person does not obey lawful order of the court issued under this section or issued by another court of competent jurisdiction, the court may:
- (a) revoke an order of recognizance or release under non-monetary conditions or revoke an order of bail or order forfeiture of such bail and commit the defendant to custody, or
- (b) restore case that was ACD and commit defendant to custody, or
- (c) revoke conditional discharge and impose probation supervision or imprisonment, or
- (d) revoke probation and impose imprisonment.
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530.12 protection for victims of family offenses
- ______________ shall promulgate statewide order of protection forms.
Chief administrator of the courts
530.12 protection for victims of family offenses
- Order of protection and TOP may be entered against former spouse or persons who have a child in common, regardless of whether they were ever married or ever lived together.
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530.12 protection for victims of family offenses
- The People shall make reasonable efforts to notify _________ if they decline to prosecute, or dismiss the criminal charges, or enter into a plea agreement.
- People shall notify Family Court of any decision to file an accusatory instrument against a _________________
Complainant………… Family Court respondent.
530.12 protection for victims of family offenses
- Generally, motion to vacate or modify an order of protection or TOP shall be on notice to ___________ .
non-moving party,