Family Rules 6

  1. Family offenses
    Where certain acts are perpetrated against one related by blood or marriage, a former spouse, one with a child in common with the perpertrator, or one who share an intimate relationship with the perpetrator.

    Includes: assault, attempted assault, menacing, stalking, reckless endangerment, harassment, criminal mischief and disorderly conduct.

    Jurisdiction: family court and criminal courts have concurrent jurisdiction over family offenses, though each offers different relief. In addition, in family court, victim has control over the case, including settlement. In criminal court, DA controls whether to prosecute and whether to accept plea bargain.

    Relief: family court can offer protective orders and exclusive possession of residence, child custody, parenting time, and support.

    Process of getting protective order: Ex parte order with limited injunction, then a hearing with notice and opportunity to be heard.

    Duration of protective order: May not exceed two years, but up to five with aggravating circumstances, including serious physical injury, use of dangerous instrument, history of violation of protective orders, prior convictions for similar crimes.
  2. Child protective proceedings
    Procedure: madated reportes must report suspected abuse or neglect. Followed by investigation. Then petition to Family Court requesting assistence in protecting the child. Fact finding hearing. If allegations substantiated in fact finding hearing, relief granted.

    Available relief: release of child to parents with instructions to prevent neglect or abuse, placing child with foster care or a relative. Must make efforts to reunite child with bio parents. If child remains in foster care for 15 of 22 months, must file petition to terminate parental rights.
  3. Juvenile delinquency and persons in need of supervision
    Juvenile delinquents: between ages of 7 and 16 committing unlawful acts. Children 13-15 may be treated as adult for serious violent crimes.

    Arraigning juvenile delinquents: fact finding hearing (criminal trial without jury) resulting in determination beyond reasonable doubt. No bail or right to waive counsel. Followed by dispositional hearing where investigation made into hoome and school behavior, which may lead to mental health evaluations.

    Persons in need of supervision: under age 18 not attending scholl and behaving in way that is dangerous or out of control. Can place such children in foster group home or social service facility, or place under supervision of probation oficer.

    Youthful offenders: between 16 and 18 years old who have been charged with crime of minor magnitude. Charge will not show up on permanent criminal record.
Card Set
Family Rules 6
Other family court matters