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 shall issue….

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 services 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 to 2 additional periods of ___ days each.

Answer 3

…Judge may extend for 2 additional periods of 60 DAYS each.

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

….actual arrant expires 90 DAYS from the date of issue…

Question 5

FCA 834 Evidence at fact-finding hearing must be ____.

Answer 5

Evidence at fact-finding hearing must be: MATERIAL, RELEVANT, AND COMPETENT

Question 6

FCA 834 Evidence at dispositional hearing must be ____.

Answer 6

Evidence at dispositional hearing must be: MATERIAL AND RELEVANT

Question 7

FCA 822 Memorize parties who may originate a family offense proceeding.

Answer 7

1. spouse, former spouse, parent, child, member of same
   family or household
2. duly authorized agency, association, society, or institution
3. peace officer (acting pursuant to special duties), or a police
   officer, and
4. a person on court’s own motion

Question 8

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

Answer 8

… must be served at least: 24 HOURS before time…

Question 9

FCA 832 Fact-finding hearing determination shall be based on _____

Answer 9

…shall be based on: FAIR PREPONDERANCE OF THE EVIDENCE

Question 10

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 10

FALSE
The petitioner AND respondent (if not represented by counsel) are entitled to ….

Question 11

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

Answer 11

…can be up to: $10,000

Question 12

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

Answer 12

…maximum of: 5 YEARS, if there are aggravating circumstances

Question 13

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

Answer 13

…court order maximum jail time is: 6 MONTHS

Question 14

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

Answer 14

…criminal court have CONCURRENT jurisdiction…

Question 15

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 15

FALSE
DO NOT HAVE TO HAVE LIVED TOGETHER at some time

Question 16

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

Answer 16

FALSE
…the petitioner DOES NOT NEED FC approval…

Question 17

FCA 818 Venue of a family offense proceeding is ______

Answer 17

Venue of a family offense proceeding is: COUNTY WHERE ACTS OCCURRED OR WHERE FAMILY OR HOUSEHOLD OR ANY PARTY RESIDES

Question 18

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

Answer 18

True

Question 19

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

Answer 19

THE PETITIONER AND RESPONDENT in a family offense proceeding

Question 20

FCA 813 Which of the following four statements is not correct?
a. Prior to a finding, the FC may with consent of petitioner,
and notice to the DA, transfer a case to the criminal court.
b. Any Order of protection in effect continues until the
arraignment in criminal court
c. The petitioner needs FC approval to commence a criminal
prosecution
d. The FC proceeding and criminal court proceeding can go
on concurrently.

Answer 20

C.
The petitioner does NOT need FC approval to commence a criminal prosecution.

Question 21

Which of the following 2 statements are correct?
1. Venue of a family offense proceeding is county where acts
occurred, or county where family or household or any
party resides
2. Residence shall include a residential program for victims
of domestic violence, as defined in subdivision 459-a of
the social services law, or a shelter for the homeless.
a. only statement 1 is correct
b. only statement 2 is correct
c. both statements are not correct
d. both statements are correct

Answer 21

D.
BOTH STATEMENTS ARE CORRECT.

Question 22

FCA 821 Which of the following statements is not correct? A family offense proceeding is originated by filing petition which must contain:
a. an allegation that respondent committed a crime, and
b. relationship of alleged offender to petitioner, and
c. name of each child in house hold and relationship to
petitioner and respondent, and
d. request for OP or court’s conciliation procedures.

Answer 22

A.
This should read “an allegation that respondent committed ONE OF THE FAMILY OFFENSES (FCA 812)”

Question 23

FCA 826 Which of the following is not an “aggravating circumstance”?
a. physical injury to the respondent caused by the petitioner
b. use of a dangerous instrument by respondent against
petitioner
c. a history of repeated violations of prior orders of
protection
d. prior convictions of crimes against the petitioner by
respondent

Answer 23

A.
This should read “physical injury to the PETITIONER caused by the RESPONDENT

Question 24

FCA 826 Service of a family offense summons and petition must be made at least ___ before time stated for appearance.
a. 1 day
b. 72 hours
c. 3 days
d. none of the above

Answer 24

D.
….made at least 24 HOURS before time stated…

Question 25

FCA 827 Which of following conditions is not a justification for issuance of a family offense warrant? a. the summons cannot be served b. the respondent has failed to obey the summons c respondent on bail or parole has failed to appear d. the respondent is likely to leave the jurisdiction

Answer 25

C. “Respondent on bail or parole has failed to appear” is not one of the listed reasons

Question 26

FCA 838 At a family offense hearing, petitioner may have a friend or relative present under the following circumstances a. in all cases b. where court does not find it undesirable c. where respondent consents d. none of the above

Answer 26

B. WHERE COURT DOES NOT FIND IT UNDERSIRABLE

Question 27

FCA 841 Which of the following is not a valid family offense order of disposition? a. suspending judgment (for up to 1 year) b. order of protection c. order for restitution of up to $10,000 d. placing respondent on probation for up to 1 year

Answer 27

A. suspended judgment up to 6 MONTHS (not 1 year)

Question 28

FCA 812 Family offenses include: 1. Disorderly conduct 2. Reckless endangerment 3. Assault in the second degree, assault in the third degree, or an attempted assault 4. Murder in the second degree a. 1,2,3, & 4 b. 1 & 2 c. 1,2,3 d. 2 & 3

Answer 28

C. 1. DISORDERLY CONDUCT 2. RECKLESS ENDANGERMENT 3. ASSAULT IN THE SECOND DEGREE......

Question 29

FCA 821 A family offense petition must contain: 1. an allegation that respondent committed one of the family offenses (FCA 812) 2. relationship of alleged offender to petitioner 3. name of each child in household and relationship to petitioner and respondent. 4. copy of notice (FCA 812:d rights of domestic violence victim) a. 1,2,3, & 4 b. 1 & 2 c. 1,2,& 3 d, 1 & 4

Answer 29

A. ALL FOUR

Question 30

FCA 812 Which of the following are not included in definition of MEMBER OF SAME HOUSEHOLD? a. persons presently or formerly legally married to one another b. persons related by affinity or consanguinity c. persons who have a child in common d. persons working in the same office

Answer 30

D. PERSONS WORKING IN THE SAME OFFICE ARE NOT MEMBERS OF THE SAME FAMILY OR HOUSEHOLD

Question 31

FCA 812 Which of the following statement relating to a family offense is not correct? a. A family offense proceeding in FC is not a criminal proceeding b. FC and criminal court have concurrent jurisdiction c. A family offense proceeding is a civil proceeding d. An arrest may not precede the commencement of a FC or criminal court proceeding

Answer 31

D. AN ARREST MAY PRECEDE THE COMMENCEMENT OF A FC OR CRIMINAL COURT PROCEEDING, BUT IS NOT A REQUIREMENT

Question 32

FCA 818 Which of the following statements is correct? The venue of a family offense proceeding is county: 1. where acts occurred 2. where any meme of the household resides 3. where there is a shelter for homeless used by a member of the household a. 1,2,& 3 are all correct b. 2 only is corrrect c. 1 & 2 are correct d. 1 only is correct

Answer 32

A. ALL THREE ARE CORRECT

Question 33

FCA 822 Of the following, who cannot originate a family offense proceeding? a. child, spouse, parent, member of the same family or household b. any peace officer c. duly authorized association, institution, society or agency d. any police office or a person on court’s own motion

Answer 33

B. ANY PEACE OFFICER ACTING PURSUANT TO SPECIAL DUTIES