Article 8 - Family Offenses Flashcards
FCA 812 (1)
Which of the following constitute family offenses?
(1) Identity Theft (1, 2, 3 degree), Grand Larceny (3 & 4 degree), and Coercion (2 degree or 3 degree, P.L. subds. 1, 2 or 3)
(2) Harassment (1 & 2 degree) and Agg. Harassment (2 degree)
(3) Stalking (all 4 degrees) and Menacing (2 and 3 degree)
(4) Disorderly Conduct and Reckless Endangerment
(5) Criminal Obstruction of Breathing or Blood Circulation and Strangulation (1 & 2 degree)
(a) 1,2 & 3 only
(b) 1,4 & 5 only
(c) 2,3,4 & 5 only
(d) 2,4 & 5 only
(e) all of the foregoing
(e)FCA 812 (1)
The family court and criminal court have concurrent jurisdiction over Criminal Mischief (degree not specified) and Attempted Assault between spouse and former spouse, parent and child or members of the same family or household, except where respondent is under age per PL section 30.00. Added by the 2009 legislature are Forcible Touching, Sexual Misconduct, Sexual Abuse 3 and 2 degree involving a victim incapable of consent by the reason of some factor other than being under 17. The 2019 legislature added Unlawful Dissemination or Publication of an Intimate Image.
FCA 812 2.(d)
The proceeding for a family offense is initiated:
(a) at the time of arrest
(b) at the time of filing a petition
(c) at the time of a request for an arrest
(d) all of the foregoing
Answer (b) 812 2.(d) FCA
The initiation of a family court family offense proceeding takes place at the time of the filing of a family court petition or the filing of an accusatory instrument.
FCA 812 1.
Under article 8, members of the same family or household shall mean:
(1) persons related by consanguinity or affinity
(2) persons legally married to one another
(3) persons formerly married to one another
(4) persons who have a child in common
(a) 1 & 2 only
(b) 1,2 & 3 only
(c) 1,2 & 4 only
(d) 1,2,3 & 4
d) 812 1. FCA
All choices are correct. Persons related by consanguinity or affinity means all relationships either by blood or marriage. Persons formerly married to each other (strangely enough) meet the requirement of members of the household or family.
FCA 813 1.
The court on its own initiative, may transfer a family offense matter to an appropriate criminal court:
(a) with the consent of the petitioner and notice to the district attorney
(b) without the consent of the petitioner
(c) without notice to the district attorney
(d) prior to the commencement of the fact finding hearing
Answer (a) 813 1. FCA
At any time prior to a finding on the petition, the court may with the consent of the petitioner and upon reasonable notice to the district attorney, order that any matter which is the subject of a proceeding under article 8, be prosecuted as a criminal action in an appropriate court, if the interest of justice so require.
FCA 817
On its own motion the court may consolidate which of the following petitions with a family offense petition?
(a) child protective petition
(b) support petition
(c) paternity petition
(d) all of the foregoing
(d) 817 FCA
Petitions under article 5, paternity proceedings, article 4, support proceedings and article 10, child protective proceedings may be consolidated with a family offense petition. Once the consolidation takes place, the court may make dispositions as to paternity, support or child protection as authorized in those articles.
FCA 818
Pursuant to article 8, which of the following statements is/are least correct regarding proper placement of venue? In the county:
(1) where the alleged acts took place.
(2) of family or household residence.
(3) where a warrant in a paternity proceeding is lodged.
(4) where the residence is a shelter for homeless persons or families on an emergency or temporary basis.
(a) 3 only
(b) 1 & 2 only
(c) 1,2 & 4
(d) 2,3 & 4
(e) 1,2,3 & 4
(a) 818 FCA
Venue is properly placed in all except answer # 3. . A shelter for homeless persons or families as well as a residence under a program for victims of domestic violence qualify for the purpose of venue. Finally, the county of residence of any party shall be the place of proper venue.
We know that the court may consolidate a paternity petition with a family offense petition. However, this would occur AFTER the venue had already been placed
FCA 821 2.
Which of the following is/are correct regarding an arrest and initial appearance of an adult charged with a family offense when the family court is not in session?
(1) the adult may be detained until the next session of the family court.
(2) the adult may appear in a criminal court.
(3) the adult may be admitted to bail in the criminal court.
(4) the adult may be paroled for a hearing in the criminal court or the family court.
(a) 1 only
(b) 1 & 2 only
(c) 2 & 3 only
(d) 1 & 4 only
(e) 1,2,3 & 4
Answer (e) 821 2. FCA
When the family court is not in session an arrested adult shall be taken to the most accessible magistrate (155 1. FCA) thereupon the magistrate shall commit the arrested adult to the custody of the sheriff (in New York City, the Department of Correction, 1.20, 35 CPL), admit to, fix or accept bail, or parole such arrested adult for a hearing in either the family court or the criminal court.
FCA 821-a 1.,2.(a),(b)
Select the least correct answer concerning the action of the court upon the filing of a petition under article 8:
(a) issue a temporary order of protection in favor of the petitioner only
(b) issue a summons
(c) issue a warrant
(d) advise petitioner of the right to retain legal counsel
Answer______
Answer (a) 821-a 1.,2. FCA
A temporary order of protection extends where appropriate to not only the petitioner but to the petitioner’s children or any other children residing in the petitioner’s household. The petition must name each child in the household and the relationship of each child to the petitioner and the respondent. All other choices are correct.
FCA 822
Who of the following may originate a family offense proceeding?
(1) on the motion of the district attorney
(2) a household member and relative of the respondent
(3) a duly authorized agency
(4) a person on the court’s own motion
(a) 1 & 2 only
(b) 1 & 4 only
(c) 2,3 & 4 only
(d) 1,2,3 & 4
Answer (c) 822 FCA
Any person in a relationship by consanguinity (blood) or affinity (kinship by marriage) in the same household or family may originate the proceedings. In addition, any agency, association, society or institution for the prevention of cruelty to children or an institution empowered to care for children. Under article 8, the following may also originate a proceeding: A police officer or a peace officer, pursuant to his special duties or a person on the court’s own motion.
FCA 821-a 4.
Where the respondent is brought before the court pursuant to a summons or a warrant and the respondent fails to post bail or otherwise remains in custody, a hearing shall be held without unreasonable delay not later than what period of time after the arrest?
(a) 24 hours
(b) 120 hours
(c) 48 hours
(d) 140 hours
(b) 821-a 4. FCA
The hearing shall be held without unreasonable delay but in no event later than 120 hours (5 days) after the arrest. The court will determine upon material and relevant evidence whether a sufficient cause exists to keep the respondent in custody or else release the respondent on his or her own recognizance.
FCA 821-a 4.
A respondent held in custody pending a hearing in the family court can be held no longer than what period of time after the arrest if arrested on a Saturday, Sunday or legal holiday?
(a) 124 hours
(b) 136 hours
(c) 144 hours
(d) 168 hours
(c) 821-a 4. FCA
An arrest which was made on a weekend or a legal holiday requires that a hearing take place no later than 144 hours (6 days) after the arrest. The hearing must determine upon material and relevant evidence, that sufficient cause exists to keep the respondent in custody or release the respondent on his or her own recognizance.
FCA 823 (c)
Efforts by the probation service at adjustment under article 8 may not extend for more than what period of time without leave of the court?
(a) 90 days
(b) 2 months
(c) 1 month
(d) 2 weeks
(b) 823 (c) FCA
Efforts at adjustment pursuant to article 8 may not extend for a period of more than two months without leave of the court, who may extend the period for an additional sixty days. Two successive extensions may be granted.
FCA 826
In the absence of a warrant issued by the court for the production of the respondent, service of a summons and petition shall be made upon the person summoned how many hours before the time stated therein for appearance?
(a) 72 hours
(b) 48 hours
(c) 36 hours
(d) 24 hours
(d) 826 FCA
Unless the court issues a warrant for the respondent, service of a summons and petition shall be made by delivery of a true copy of the summons and petition to the person summoned at least 24 hours before the time stated therein for appearance.
FCA 827 (c)
A certificate of a warrant expires how many days from the date of issue?
(a) 30 days
(b) 60 days
(c) 90 days
(d) 120 days
(c) 827 (c) FCA
90 days
The warrant may be renewed from time to time by the clerk of the court.
FCA 827 (a)(vii)
If the family court, upon initial review of the petition, determines that aggravating circumstances exist, to wit: physical injury to the petitioner or any family member has been caused by the respondent or the respondent’s use of a dangerous instrument constitutes an immediate danger to the petitioner or the family household, the court may:
(1) issue an arrest warrant.
(2) issue an order of protection.
(3) issue a summons.
(a) 1 only
(b) 2 only
(c) 1 & 2 only
(d) 1,2 & 3
(d) 827 (a)(vii) FCA
The existence of aggravating circumstances may require the immediate arrest of the respondent. Prior convictions for crimes against the petitioner by the respondent qualifies for aggravating circumstances. The arrest warrant and order of protection may be issued simultaneously.
FCA 832
A “fact-finding” hearing is held to determine if allegations of a petition are supported by:
(a) a reliable statement of facts
(b) a fair preponderance of the evidence
(c) an honest report by the parties involved
(d) provable facts or testimony
Answer (b) 832 FCA
A fair preponderance of the evidence
FCA 836
Select the best statement or statements. The court may adjourn:
(1) a fact finding hearing on its own motion or on motion of the petitioner
(2) a fact finding hearing on the motion of the respondent
(3) a dispositional hearing only on the motion of the respondent
(4) a dispositional hearing on its own motion or the motion of either party
(a) 1 only
(b) 1 & 2 only
(c) 2 & 3 only
(d) 1,2 & 4 only
(d) 836 FCA
The court on its own motion for good cause shown or on the motion of either party may adjourn the fact finding hearing or the dispositional hearing.
FCA 841 (b)
At the conclusion of the dispositional hearing the court may enter an order suspending judgment for a period:
(a) not exceeding six months
(b) not exceeding one year
(c) not exceeding eighteen months
(d) not exceeding two years
(a) 841 (b) FCA
One of the dispositional findings available to the court is suspended judgment for a period not to exceed 6 months.
FCA 841 (c)
The court may enter an order at the conclusion of the dispositional hearing placing the respondent on probation for a period:
(a) not to exceed six months
(b) not to exceed one year
(c) not to exceed eighteen months
(d) not to exceed two years
(b) 841 (c) FCA
Should the court order probation for the respondent, the probation period shall not exceed ONE YEAR.
