Can You Go to Jail in Family Court

A Citizen'due south Guide to the Family unit Court

Introduction

The purpose of this guide is to provide yous with general data regarding the operation of the Family Courtroom organization. You lot are encouraged to seek legal advice before proceeding in Family unit Court. This guide is non intended to be legal advice.

The guide was originally prepared and distributed as a public didactics project of the Fund for Mod Courts. This locally adjusted version has been prepared past the members of the Tompkins County Family Court Advisory Council.

Family Courtroom and You

The family unit court deals primarily with the problems of children and their families. The courtroom hears cases involving:

corruption and fail of children
custody and rights to visit children
family offenses including abuse of spouses and other family members
children who may have committed crimes (Juvenile Malversation)
children who are not charged with crimes simply who may demand supervision, treatment or placement (PINS)
paternity
support of children, spouses and ex-spouses
planning for children who have been in foster care for a year or longer
termination of parental rights

When a person or an agency wants to bring a case into the Family Court, the outset footstep is to file a petition. The person or agency filing a petition is chosen the Petitioner. The person against whom the petition is filed is called the Respondent.

Petition forms may be obtained from the Family unit Courtroom Clerk's Office. The petition is a sworn statement giving the facts of the example the Family Court is existence asked to make up one's mind. If y'all are non represented by a lawyer, you volition need to fill out the petition yourself. In juvenile delinquency cases, the canton chaser will draw up the petition. If possible, you should consult with a lawyer earlier filing a petition. The petition must exist filed with the Family unit Court Clerk. The Clerk will brand certain that the petition is put on record (filed) correctly and volition set a date for the first hearing of the case.

In certain juvenile delinquency cases which do not involve serious violent actions, probation intake workers tin can interview the person who made the complaint, the law officer and the defendant child to see if the matter can be settled without going through the court and to decide if the child should exist sent dwelling or temporarily detained. No 1 tin can exist forced to talk to the probation workers at this fourth dimension. What is said in the interview will not be disclosed unless there is a finding of delinquency by the court.

Initial Appearance (First Hearing)

At the showtime courtroom proceeding - the Initial Appearance - the guess will briefly review the petition and explicate the charges or demands for relief. The judge will also explicate what are the rights of the parties involved in the cases, unless the parties are represented by lawyers. In sure cases, the judge will assign a lawyer for a person who cannot afford to pay for one (see below, "Who Can Go a Lawyer") and may event a summons for the other person to announced. In certain specific circumstances involving serious charges, the judge may order a warrant of arrest.

At the conclusion of the Initial Appearance, the judge will unremarkably set a appointment for the lawyers to come across with the judge'south law clerk to hash out the petition and whether the matter may exist settled by agreement between the parties and without the need for a trial. If the petition cannot be settled past agreement, the court will schedule the case for trial.

Who Can Become a Lawyer

The parties in most Family unit Court proceedings have the correct to have a lawyer. Yous are free to hire a lawyer of your choosing. If your item instance is one where you accept the right to a lawyer, but you lot cannot beget to pay for your ain lawyer, then the court will unremarkably assign i to the represent you. Cornell Legal Aid and some neighborhood legal service groups may also be able to give legal help at no toll to people whose income falls beneath a certain level.

In most cases, children are entitled to legal assistance in the Family unit Court. The judge will assign a lawyer called a law guardian for the kid. In that location is no charge for the aid of a law guardian. Law guardians may exist lawyers who work for the Law Guardian's Function or lawyers with private practices who are appointed by the court.

In juvenile malversation cases, the facts of the petition are presented by the assistant canton attorney. Assistant district attorneys present cases involving serious violent offenses.

In contested paternity or back up cases, the Department of Social Services will represent the custodial parent regardless of income. The court volition assign a lawyer to a man who denies paternity or any person who is charged with violation of a support order if that person cannot afford a lawyer.

Your Lawyer

Your lawyer, whether privately hired or assigned to you lot by the court, is in that location to protect your rights. Make USE OF YOUR LAWYER.

Work with your lawyer and so that your case tin be presented to the guess in the best possible style. When you speak with your lawyer for the beginning time, requite your address and telephone number and get your lawyer'southward name, address and telephone number. Set a date to meet to go over your instance before the next court date.

If you do non sympathize why yous were called to Family Court, ask your lawyer to explain it to you lot. Yous are entitled to become a copy of the petition from the court. If you lot didn't receive it, enquire to see a copy of the petition and whatsoever other court papers.

The next fourth dimension you lot meet with your lawyer, bring whatsoever data or papers that will help to explicate your side of the case. Your lawyer can help y'all best if you GIVE ALL THE FACTS. The code of ideals for lawyers forbids them to disclose anything about your case that you tell them in conviction. Let your lawyer know if there are people who would speak for your side of the case in court. Tell your lawyer how to arrive touch with people who would be witnesses for you.

At the hearing, let your lawyer practice all the talking. If you want to speak, first talk over what you want to say with your lawyer. As much equally you may want to speak out in courtroom, things you lot say without checking with your lawyer might injure your case.

Your Case

Y'all must announced in court each time on the date and at the time set up. If you are the Petitioner (you filed a petition) and yous fail to appear as ordered, the judge may dismiss your petition without further hearings. If you are the Respondent (a petition was filed against yous) and you fail to appear as ordered, the judge may accept your default and grant the petition without farther hearings. Sometimes the court can have people arrested if they practise not come to court when they are told.

On the day of your court hearing, brand sure you are on fourth dimension. If for whatsoever reason you cannot make it, permit your lawyer know in enough of time so that he or she tin can ask the court to prepare the case for another twenty-four hour period. If you have lost the data about your court date, phone call your lawyer or phone call the Family unit Court Clerk'southward Role. If yous do not know where to become in the courthouse on your hearing date, ask at the security or data desk.

Fact-Finding Hearing (Trial)

Trial in Family Courtroom may consist of one or two steps. Custody, visitation, paternity or support cases are decided in ane footstep - the fact-finding hearing. Cases involving family unit offenses, Persons in Need of Supervision (PINS), Juvenile Delinquency (JD), abuse, neglect or permanent fail are decided in two steps - the fact-finding hearing is held first and the dispositional hearing is the second step. At that place is no jury in Family Court; the gauge conducts all hearings.

At the fact-finding hearing, the gauge will hear all of the of import facts (evidence) and determine what has been proved. If the facts are not proved, the case will be dismissed. This means that the case is finished. Sometimes the case is withdrawn, which ways that the person or agency who wanted the example heard in Family Court decides not to continue with it.

If the facts are proved in custody, visitation, paternity or support cases, the estimate will likewise decide what relief to grant as part of the fact-finding hearing.

If the facts are proved in matters involving family offenses, abuse, neglect or permanent neglect, the case moves into the second footstep of the hearing process, the dispositional hearing.

Dispositional Hearing

If a judge decides that the things said in the petition are true (are proved) and there is a legal remedy, so a dispositional hearing will be held. The dispositional hearing will start immediately subsequently the fact-finding hearing ends or will be scheduled on another day. At the dispositional hearing, the judge decides what should be done about the allegations proved in the fact-finding hearing.

Appealing Your Case

If you believe the court's final decision and order is legally incorrect, yous may want to entreatment. This means that a college court will review the decision of the Family Court. Ask your lawyer about this right.

If you want to appeal, tell your lawyer, who can tell the courtroom that you want to appeal your case. A new lawyer may be assigned to your case if y'all cannot beget to pay for one. You should talk over with your lawyer whether or not the case should be appealed. A notice that y'all desire to entreatment must be filed inside thirty (30) days after the judge's conclusion on your instance is served on all the parties or their attorneys. If the Notice of Appeal is non filed inside the thirty (xxx) day time-limit, you will lose your right to appeal.

Types of Cases in Family unit Court

Yous or your child may be involved in one of these types of cases:

Child Protective Proceedings (Northward petition)

Kid corruption and neglect petitions may charge that the parent, guardian or a person legally responsible for a child has neglected or corruption the child. Fail and abuse may include causing emotional or physical damage or risk of harm to the child. Information technology may also include failing to protect a child from harm acquired by other people. The accuse of abuse or neglect must be proven at a fact-finding hearing held in Family Court. If the case is not proved, the child must be returned to the parent or guardian. If the court finds that abuse or neglect occurred, information technology may effect an order requiring the removal of the kid from the home for a flow of upwards to twelve months. The social club may also straight the parent or guardian to participate in programs and services designed to aid eliminate the problems that caused the corruption or fail. At the terminate of twelve months, the child may be returned abode, the Section of Social Services may ask for an extension of the child's placement or the Department of Social Services may file a petition to cease parental rights (see "Permanent Neglect"), below).

A child may also exist removed from the dwelling earlier a petition is filed. This may happen when a kid is in a situation that is a danger to the kid's life or health. If a child is removed from the home earlier a petition is filed, the parent must exist notified immediately. The Department of Social Services must so promptly file a petition in Family Courtroom. The parent or guardian of the child may request an expedited court hearing, chosen a Return of Child hearing, to decide whether the child should be returned to the home.

Sometimes a child is removed from a domicile with the permission of the parent or guardian. Unless the parent or guardian has signed a newspaper allowing removal, the party has a right to a hearing on the child's removal from home.

Custody and Visitation (V petition)

Having custody of a kid means that a person is legally responsible for the care of the child. Visitation rights are sometimes given by the courtroom to people who no longer have custody of their child, simply have the courtroom's permission to see the child at certain times.

The judge, after hearing all sides of the case, volition decide who should have custody of the kid, and sign an official court paper called a custody order.

The judge may also sign an order of visitation, which is an official court paper saying that the person who has custody must allow another person to visit the child under certain circumstances.

Family Law-breaking (O petition)

A family offense petition may claim that a person hurt or threatened a fellow member of his or her family or household. Later the petition is filed, a estimate may sign an official court newspaper chosen a Temporary Order of Protection. This orders the person charged to immediately end harming or threatening the family or household member and may even club a family member to be removed from the abode. The Temporary Order of Protection remains in effect for 90 days or until the court makes some other order, whichever comes first.

A family crime petition follows the same steps as discussed above: Initial appearance, fact-finding hearing and dispositional hearing. If the allegations of the petition are proved at the fact-finding hearing, the judge may consider different alternatives at the dispositional hearing when determining what should exist done. For example, a Permanent Order of Protection may be issued to replace the Temporary Order of Protection. A Permanent Order of Protection remains in result for a twelvemonth and violation of its terms may consequence in the court ordering a jail sentence of up to six months.

A judge may too grant custody to one party and/or decide whether visitation is appropriate and under what conditions.

Juvenile Delinquency -- JD (D or E petition)

A juvenile runaway is a person between the ages of 7 and 16 who commits an deed that would exist a crime (a misdemeanor or felony) if it were done past an adult. A xiii, 14, or 15 twelvemonth old who commits certain serious, violent acts may be treated as an adult in a criminal court or the criminal court may remove the case back to Family Court. In these serious cases where the actions are called designated felony acts, the District Chaser's Function will be the agency who presents the case against the juvenile.

If the instance will be heard in Family Court, a engagement and a fourth dimension will be gear up for an Initial Advent. The case volition and then proceed as discussed above -- through fact-finding and dispositional hearings.

If the facts declared in the petition are proved and the kid plant to exist a juvenile delinquent, in that location are several options available to a gauge at the dispositional hearing. A juvenile delinquent may exist confined in an institution, placed in a group home, put under probation supervision or may be granted a provisional discharge.

If the guess decides that the child is a juvenile delinquent, in that location is no criminal record against the child. However, Family Court, Probation and police records be.

Persons in Need of Supervision -- PINS (Southward petition)

A person in need of supervision (PINS) is a person between the ages of 7 and 16 (upwards to eighteen starting 11/01) who does whatsoever or all of the following:

does not attend school;
behaves in a way that is unsafe or out of control;
oft disobeys parents, guardians, or other authorities; and/or
possesses marijuana

A PINS petition may be filed (once written permission has been received from the Probation Section) to ask the Courtroom at the dispositional hearing to order treatment or supervision for the kid. Similar a Juvenile Delinquent, a PINS may be confined in an establishment, placed in a grouping home, put under probation supervision, or may be granted a conditional discharge.

Paternity (P petition)

A paternity petition is brought to the Family unit Court to have an official decision as to whether or not a man charged is the begetter of an out-of-wedlock child. Often the person alleging paternity or the person accused of beingness the begetter of the child asks that a blood exam be made, or it may exist ordered past the court. Either political party, or the courtroom, may request that a further test known equally an HLA test be made. This test ofttimes shows that a man is or is not the male parent of the child, just the costs of the test may be substantial. (In some instances, the Department of Social Services will pay for the test.)

If paternity is proved or admitted, the guess volition sign an Gild of Filiation, an official court paper saying that the person is the father of the child. Then the hearing will continue to decide support rights. A man charged in a contested paternity proceeding may hire a lawyer to represent him or tin can have a lawyer appointed if he cannot afford one. If the female parent is using the services of the Support Collection Unit at the Department of Social Services, that Unit will represent the mother regardless of income.

The Order of Filiation is extremely important considering it establishes the fact that the man is related to the child. This relationship must exist if the male parent is to have whatever rights (visitation, custody) to the kid, or the kid is to obtain any benefits from the begetter (support, Social Security, etc.).

Permanent Neglect (B petition)

When a kid has been removed from the parents' habitation due to certain serious issues, the Department of Social Services may decide that the problems cannot exist resolved in a reasonable amount of time, usually 12 months from when the child was removed. In this situation, the Section may file a Permanent Neglect petition to asking the courtroom cease the parent's parental rights and costless the child for adoption.

A permanent neglect petition may also be filed if a parent abandons, severely abuses or permanently neglects a child or if the parent suffers from a mental condition that prevents the parent from properly caring for the child.

These petitions follow the same steps as discussed above, including an Initial Appearance, fact-finding hearing and dispositional hearing.

Back up (USDL or F petition)

A wife, hubby, relative, the Department of Social Services or certain other authorized agencies can bring a support petition in Family Court to accept the courtroom decide who is legally responsible for the back up of a kid, spouse or relative and how much support should be paid. When the person charged with back up lives in some other country, country or county, a Uniform Back up of Dependents Police (USDL) petition is filed. All parties in a support case accept a right to a hearing.

The person charged with failing to obey (violating) a support club likewise has a right to a hearing. The judge will decide how much back up will be ordered to be paid subsequently deciding whether the person charged is responsible for back up. To be sure support payments are fabricated, the judge may social club a payroll deduction or seizing of belongings or a judgment. If an order of support is disobeyed, the guess may send the person to jail.

Approving of Foster Care Placement (L petition) and Foster Care Reviews (K petition)

Sometimes a parent or guardian feels unable to treat a kid and temporarily gives away the right to custody to a social service agency either for a short fourth dimension or permanently. The bureau which takes custody of a child must ask the court to review and corroborate that action. The parent must be given notice of this hearing and have his or her side heard in court. The police force requires that when a child has been voluntarily placed in foster care for more than than thirty (30) days, this hearing must take place and the parents must exist told about the date of this hearing. The parents or guardian, a social worker, and a member of the agency involved should be at the hearing. The judge will decide if the placement is voluntary and necessary.

If a child is in foster care for twelve (12) months or longer, a example called foster intendance review will be filed with the Family Courtroom. The Court will decide what to do with the child who is in foster care. This review could result in a parent losing the right to custody of his or her child, or it could result in a child being returned to his or her parent(due south). If a child remains in foster intendance there must exist another hearing in one year. The parent has a right to a lawyer at a foster care review.

Who's Who in the Courtroom

Gauge
The Judge is in charge of the courtroom and decides what will happen in a case. He or she sits at a desk (also called the bench) at the front of the courtroom. As in other courts, the judge wears a black robe.

Assistant County Attorney
The Banana Canton Attorney presents PINS and JD petitions against the juvenile.

Banana Commune Attorney
The Banana District Attorney presents the petition in certain juvenile delinquency cases involving certain serious crimes.

Court Magistrate
The Court Magistrate conducts kid and spousal support hearings and begins proceedings regarding uncontested paternity cases. Contested paternity cases are heard by the Family Court Judge.

Law Guardian
A law guardian is a lawyer assigned by the Judge to stand for the legal interests of the child.

Probation Officeholder
The Probation Officer works for the county Probation Department. There is non normally a Probation Officer present in Family Court unless the Judge requests their presence. Sometimes the Judge volition gild the Probation Department to gather data about the people involved in a case and study to the courtroom.

Court Officer
The courtroom Officeholder is a non-uniformed deputy sheriff who is responsible for keeping order and security in the courtroom.

Courtroom Reporter
The Court Reporter records every word that is said during court hearings on a special motorcar.

Caseworker
The staff member from a social service agency involved in a example is generally called a Caseworker. Caseworkers are oftentimes required to gather information about the people involved in a case and report to the court.

Glossary

aligning A program of services through the Probation Department to resolve the complaint against a person charged with less offenses.

banishment An order to postpone or suspend the Courtroom's proceedings in a example until another specific engagement.

adjudicate To hear and make up one's mind the truth of the facts alleged in a petition.

admission Voluntary statement that a fact alleged in a petition is true.

appeal Resort to a higher Courtroom, in an attempt to have the decision of a trial Court inverse. Usually appeals are brought and decided upon questions of law merely.

Assigned Counsel Lawyers appointed by the court to correspond a party who has the right to a lawyer simply cannot afford one.

charges Formal allegations brought by the Court by the police or other authorized persons that an crime has been committed.

disharmonize of interest Where two or more parties to a legal proceeding take potentially dissimilar interests at state, or have different versions of the facts underlying the case, they are "in conflict". Where such parties are entitled to be represented past legal counsel, they should have separate attorneys so each party can take the whole-hearted assistance of his or her lawyer. A wife and her husband may be in conflict; so too, may a parent and a child.

conditional belch I of the possible final orders by the Court. If the agreed upon conditions are met by the stop of the year, the case is dismissed.

demands for relief A request past an attorney to the court for orders to improve the conditions for his/her clients.

family unit court clerk State employee in accuse of the canton'due south Family Court offices and its operations.

felony A form of serious crimes from which punishments may exceed i year'southward imprisonment.

group home A foster placement for several teenagers - usually operated by a individual child intendance bureau.

jurisdiction The poser of a particular court to hear cases involving sure categories of person or allegations. Jurisdiction may also depend upon geographical factors such as the county of a person's residence.

misdemeanor A class of lesser crimes for which punishment may not exceed one year's imprisonment.

serve To notify by mail or in person of a scheduled court hearing or other official court action.

summons A document notifying the person named in the action of the filing of a lawsuit against him/her. A summons requires the attendance of a person at court.

suspended judgment 1 of the possible final orders by a court. After a period of one yr, if sure conditions are met, the example is dismissed. Judgment of guilt is "suspended" and never determined.

kingstongreste1991.blogspot.com

Source: https://ww2.nycourts.gov/courts/6jd/tompkins/family/you.shtml

Kingston Greste1991