FCA Article 8 Flashcards
FCA 814 AND 814-a ____ shall issue rules regarding concurrent jurisdiction, and uniform forms
THE CHIEF ADMINISTRATOR OF THE COURTS shall issue….
FCA 818 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 823 Probation service may attempt to adjust a case for 2 months. Judge may extend to 2 additional periods of ___ days each.
…Judge may extend for 2 additional periods of 60 DAYS each.
FCA 826 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.
….actual arrant expires 90 DAYS from the date of issue…
FCA 834 Evidence at fact-finding hearing must be ____.
Evidence at fact-finding hearing must be: MATERIAL, RELEVANT, AND COMPETENT
FCA 834 Evidence at dispositional hearing must be ____.
Evidence at dispositional hearing must be: MATERIAL AND RELEVANT
FCA 822 Memorize parties who may originate a family offense proceeding.
- spouse, former spouse, parent, child, member of same
family or household - duly authorized agency, association, society, or institution
- peace officer (acting pursuant to special duties), or a police
officer, and - a person on court’s own motion
FCA 826 Family offense summons and petition must be served at least ___ before time state for appearance.
… must be served at least: 24 HOURS before time…
FCA 832 Fact-finding hearing determination shall be based on _____
…shall be based on: FAIR PREPONDERANCE OF THE EVIDENCE
FCA 838 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
The petitioner AND respondent (if not represented by counsel) are entitled to ….
FCA 841 Restitution in a family offense proceeding can be up to ___
…can be up to: $10,000
FCA 842 An OP (family offense) can be for a maximum of ____ years, if there are aggravating circumstances.
…maximum of: 5 YEARS, if there are aggravating circumstances
FCA 846-a Upon willful failure to obey a family offense court order maximum jail time is ___
…court order maximum jail time is: 6 MONTHS
FCA 812 The FC and criminal court have ___ jurisdiction over family offenses
…criminal court have CONCURRENT jurisdiction…
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
DO NOT HAVE TO HAVE LIVED TOGETHER at some time