G. Family Offence Proceedings Flashcards
1
Q
What is required for family offence petitions?*
A
1) Family offence (Felony/Misdemeanor)
- Disorderly conduct
- Harassment
- Sexual abuse
- Stalking
- Criminal mischief
- Menacing
- Assault
2) Predicate act between members of same family/household
- Blood relatives
- Married persons
- Formerly married persons
- Persons with child together
- Persons in intimate relationship (past/present) (whether or not household residents)
- NOT just business relationship
3) Fair preponderance of evidence
- P’s burden of proof
FYI NO hearsay allowed
2
Q
What may Court issue if family offence occurred?*
A
Final/Permanent Order of Protection (ex parte)
- Direct Respondent to stay away from home/school/business/employment/Child’s location
- Direct Respondent to refrain from committing family/criminal offence vs other Child
- Direct Respondent to refrain from harassing/intimidating/threatening such persons
Duration of Final/Permanent Order of Protection
- Max. 2 years
- Min. 2 years (aggravating circumstances)