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FCA - FUTURE CLERK 2023: THE CLERKENING > Article 8 Volume 2 > Flashcards

Article 8 Volume 2 Flashcards

1
Q

827- Issuance of warrant; certificate of warrant

The court may issue a warrant directing the respondent to be arrested and brought before the court when:

  1. The summons cannot be served
  2. The respondent has failed to obey the summons
  3. The respondent is likely to leave the jurisdiction
  4. A summons in the court’s opinion would be ineffectual
  5. The safety of _________ or ___________is in danger
  6. ____________ exist requiring the immediate arrest of the respondent (Ex:Serious physical injury, repeated violations, use of weapon)
A

the petitioner or a child ………..Aggravating circumstances

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2
Q

827- Issuance of warrant; certificate of warrant

  • The petitioner may not serve the warrant without permission of the court.
  • The clerk of the court may issue to the petitioner or a representative of an incorporated charitable or philanthropic society a “___________” indicating a warrant has been issued.
  • The presentation to a police officer or peace officer acting pursuant to his special duties of this certificate authorizes him to arrest the respondent to bring him before the court
  • A certificate of warrant expires ___________ from the date of issue but may be renewed from time to time by the clerk of the court
A

certificate of warrant ……….NINETY (90) DAYS

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3
Q

827- Issuance of warrant; certificate of warrant
Rules of the court provides that reports on unserved warrants be made periodically

A

Rules of the court provides that reports on unserved warrants be made periodically

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4
Q

828- Temporary order of protection; temporary orders for child support and spousal maintenance

Upon the filing of a petition or counterclaim under this article the court may issue a temporary order of protection, which is not a finding of _________

A

wrong doing

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5
Q

828- Temporary order of protection; temporary orders for child support and spousal maintenance

The court may issue or extend a temporary order of protection ex parte or on notice, or simultaneously with the issuance of a __________

A

warrant

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6
Q

828- Temporary order of protection; temporary orders for child support and spousal maintenance

Temporary Order of Child Support:

  • Together with a temporary order of protection the court may also issue an order of temporary child support in an amount to meet the needs of the child, even if information regarding income and assets have not yet been provided.
  • If such financial information is available at that time, the court may apply the support calculation ____________ in article 4 to the temporary order
  • The same procedures applied to temporary orders of protection apply to final orders of protection as well
A

formulas

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7
Q

828- Temporary order of protection; temporary orders for child support and spousal maintenance

Temporary Order of Child Support:

  • The court shall inform the petitioner of the availability of _____________ services when making an order for temporary child support.
  • The court will also set the matter down for a support proceeding under Article 4
A

child support enforcement

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8
Q

828- Temporary order of protection; temporary orders for child support and spousal maintenance

Temporary Order of Spousal Support

(NEW) Where a temporary order of spousal support has not already been issued, the court may, in addition to the issuance of a temporary order of protection, issue an order directing the parties to appear within _____________ of the issuance of the order in the family court, for consideration of an order for temporary spousal support

The same procedures applied to temporary orders of protection apply to final orders of protection as well

A

seven business days

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9
Q

828- Temporary order of protection; temporary orders for child support and spousal maintenance

Temporary Order of Spousal Support

If the court directs the parties to appear, the court shall direct the parties to bring information with respect to income and assets, but a temporary order for spousal support (MAY/SHALL) be issued on the return date even if the respondent doesn’t appear or if the required financial information is unavailable.

A

MAY

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10
Q

828- Temporary order of protection; temporary orders for child support and spousal maintenance

Temporary Order of Spousal Support

(Bard) The court may order with an order of support that the respondent’s employer provide _________ for the child/spouse if the respondent has employer-provided medical insurance.

A

medical insurance

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11
Q

832- Definition of “fact-finding hearing”

The fact finding hearing is to determine whether the allegations of the petition are supported by a “____________________”

A

fair preponderance of the evidence” (F. POE)

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12
Q

833- Definition of “dispositional hearing”

The dispositional hearing determines what order of __________ should be made

A

disposition

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13
Q

834- Evidence

  • Only evidence that is __________________ may be admitted at the fact finding hearing
  • Only evidence that is ________________ may be admitted at the dispositional hearing
A

FACT FINDING: C MR F. POE
DISPOSITION: MR (POE? MAYBE?)

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14
Q

835- Sequence of hearings

Upon completion of the fact finding hearing the dispositional hearing (MAY/SHALL) commence immediately.

A

MAY

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15
Q

835- Sequence of hearings

____________ if provided shall be deemed confidential and shall not be furnished to the court until the conclusion of the fact finding hearing, for use in the dispositional hearing. The court may withhold these reports from or disclose in whole or in part to the child’s attorney, counsel, party in interest or other appropriate person

A

Probation reports

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16
Q

836- Adjournments

The court may adjourn the fact finding hearing or the dispositional hearing for ___________ on its own motion or on motion of either party

A

good cause shown

17
Q

836- Adjournments

At the conclusion of the fact finding hearing and before the dispositional hearing commences, the court may adjourn the proceedings to make further inquiry in to the surroundings and capacities of the persons involved

A

836- Adjournments

At the conclusion of the fact finding hearing and before the dispositional hearing commences, the court may adjourn the proceedings to make further inquiry in to the surroundings and capacities of the persons involved

18
Q

838- Petitioner and respondent may have friend or relative present

Unless the court finds it undesirable, the __________ shall be entitled to have a non-witness friend, relative, counselor or social worker present in the courtroom

A

petitioner

19
Q

838- Petitioner and respondent may have friend or relative present

Unless the court finds it undesirable, the ___________ shall be entitled to have a nonwitness friend, relative, counselor or social worker present in the courtroom if such __________ is not represented by legal counsel

A

Respondent……. respondent

20
Q

838- Petitioner and respondent may have friend or relative present

This section does not authorize any such friend or relative to take part in the proceedings although the court at any time could call them as a witness to testify

A

838- Petitioner and respondent may have friend or relative present

This section does not authorize any such person to take part in the proceedings although the court at any time could call them as a witness to testify

21
Q

***841- Orders of disposition

At the conclusion of the dispositional hearing, the court may enter an order:***

  1. _________ the petition if the allegations are not established
  2. Suspending judgment for up to ____________
  3. Placing the respondent on probation for a period not exceeding __________ AND requiring the respondent to participate in a batterer’s education program
  4. Order of Protection for up to _______________ or in the event of aggravating circumstances or in violation of a prior order of protection, up to __________
  5. Direct payment of restitution in an amount not to exceed $___________
A

Dismissing……..SIX (6) MONTHS……… ONE (1) YEAR ……… TWO (2) YEARS………FIVE (5) YEARS…….. 10,000 DOLLARS

22
Q

**841- Orders of disposition

At the conclusion of the dispositional hearing, the court may enter an order:***

  1. ________ the petition if the allegations are not established
A

Dismissing

23
Q

***841- Orders of disposition

At the conclusion of the dispositional hearing, the court may enter an order:***

  1. Suspending judgment for up to ___________
A

SIX (6) MONTHS

24
Q

***841- Orders of disposition

At the conclusion of the dispositional hearing, the court may enter an order:***

  1. Placing the respondent on probation for a period not exceeding __________ AND requiring the respondent to participate in a batterer’s education program
A

ONE (1) YEAR

25
Q

***841- Orders of disposition

At the conclusion of the dispositional hearing, the court may enter an order:***

  1. Order of Protection for up to __________ or in the event of aggravating circumstances or in violation of a prior order of protection, up to ___________
A

TWO (2) YEARS…….. FIVE (5) YEARS

26
Q

***841- Orders of disposition

At the conclusion of the dispositional hearing, the court may enter an order:***

  1. Direct payment of restitution in an amount not to exceed ____________ DOLLARS
A

$10,000.00

27
Q

842- Order of protection

An order of protection shall set forth reasonable conditions of behavior to be observed for a period not to exceed _________ by the petitioner or respondent, or in the event of aggravating circumstances or in violation of a prior order of protection, up to ___________

The court may also, upon motion, extend the order of protection for a reasonable period of time upon a showing of good cause or consent of the parties.

A

TWO (2) YEARS ………FIVE (5) YEARS

28
Q

842- Order of protection

Any order of protection issued pursuant to this section shall specify if an order of ____________ is in effect.

A

probation

29
Q

842- Order of protection

The court may also award custody of the child during the term of the order of protection to either parent or to an appropriate relative within the __________ degree

The court (CAN/CANNOT) place or board out any child or to commit a child to an institution or agency pursuant to this section.

A

Second …….. CANNOT

30
Q

842- Order of protection

As outlined earlier in the notes, the court may issue a temporary order of Child and/or Spousal Support as well as a medical support execution

A

842- Order of protection

As outlined earlier in the notes, the court may issue a temporary order of Child and/or Spousal Support as well as a medical support execution

31
Q

842- Order of protection

(Bard) The clerk of the court must issue a copy of the order of protection or temporary order of protection to the petitioner, respondent, their counsel, and any other person affected by the order.

A

842- Order of protection

(Bard) The clerk of the court must issue a copy of the order of protection or temporary order of protection to the petitioner, respondent, their counsel, and any other person affected by the order.

32
Q

842- Order of protection

The clerk must also ensure that a copy of the order is transmitted to the state or local correctional facility, supervising probation department, or department of corrections and community supervision where the individual is or will be detained, imprisoned, or under probation or parole supervision.

A

842- Order of protection

The clerk must also ensure that a copy of the order is transmitted to the local correctional facility, state or local correctional facility, supervising probation department, or department of corrections and community supervision where the individual is or will be detained, imprisoned, or under probation or parole supervision.

33
Q

842- Order of protection

In addition to other provisions, the court may issue an order authorizing the party for whose benefit an order of protection has been issued to terminate a _______________ or _______________

A

lease or rental agreement.

34
Q

842- Order of protection

The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor nor may such protected party be arrested for violating such order.

A

842- Order of protection

The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor nor may such protected party be arrested for violating such order.

FCA - FUTURE CLERK 2023: THE CLERKENING (46 decks)

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