FCA Article 8

Question 1

FCA 814 and 814-a. _______ shall issue rules regarding concurrent jurisdiction, and uniform forms.

Answer 1

The chief administrator of the courts

Question 2

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 service law, or a shelter for the homeless.

Answer 2

True

Question 3

FCA 823 Probation service may attempt to adjust a case for 2 months. Judge may extend for 2 additional periods of ____ days each.

Answer 3

60 days

Question 4

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.

Answer 4

90 days

Question 5

FCA 834 Evidence at fact-finding must be ________.

Answer 5

material, relevant, and competent.

Question 6

FCA 834 Evidence at dispositional hearing must be ________.

Answer 6

material and relevant.

Question 7

FCA 826 Family offense summons and petition must be served at least _______ before time stated for appearance.

Answer 7

24 hours

Question 8

FCA 832 Fact-finding hearing determination shall be based on ______.

Answer 8

fair preponderance of the evidence.

Question 9

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.

Answer 9

False. The petitioner AND respondent (if not represented by counsel) are entitled to a non-witness friend in the courtroom.

Question 10

FCA 841 Restitution in a family offense proceeding can be up to ________.

Answer 10

$10,000

Question 11

FCA 842 An OP (family offense) can be for a maximum ______ years, if there are aggravating circumstances.

Answer 11

5 years

Question 12

FCA 846-a Upon willful failure to obey a family offense court order maximum jail time is ______.

Answer 12

6 months

Question 13

FCA 812 The FC and criminal court have _____ jurisdiction over family offenses.

Answer 13

concurrent

Question 14

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.

Answer 14

False

Question 15

FCA 813 T/F? If a petitioner had already started a family offense proceeding, the petitioner needs FC approval to start a criminal action.

Answer 15

False

Question 16

FCA 818 Venue of a family offense proceeding is ________.

Answer 16

county where acts occurred, or where family or household or any party resides.

Question 17

FCA 821 T/F? When the FC is not in session, an arrest or initial appearance of a respondent may be in a CC.

Answer 17

True

Question 18

FCA 821-a Which parties in a family offense proceeding have right to free counsel if indigent?

Answer 18

The petitioner and respondent