G. Family Offence Proceedings Flashcards

You may prefer our related Brainscape-certified 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

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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)
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