Rochester New York Determination Upon Fact Finding Hearing

Name: Rochester New York Determination Upon Fact Finding Hearing
Brand: US Legal Forms
Rating: 4.84 (400 reviews)

Category:

New York Family Law - Statewide - Juvenile Court

State:

New York

City:

Rochester

Control #:

NY-7-5

Format:

Instant download

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Description

This form is an official State of New York Family Court sample form, a detailed Determination upon Fact-finding. Available for download in Wordperfect and Adobe pdf formats.

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FAQ

Family law is a branch of civil law but neither civil law nor family law is criminal law and this is a critical distinction, because what it means is that criminal law concepts do not apply in family court for divorce/financial remedy hearings/child arrangements: in family law there is no prosecution.

The family court is not involved in any decisions made in the criminal courts about whether you should be found guilty or acquitted of any criminal offence. However, in these family proceedings, the court will have to decide whether or not the allegations made against you are true.

A finding, also known as a ?finding of fact?, is the determination of a factual question contributing to a decision in a case by the trier of fact after a trial of a lawsuit.

Orders of protection are issued by a judge to protect you from another person who is abusing, harassing, threatening, and/or intimidating you, or has committed a crime against you. Orders of protection are commonly issued in cases involving domestic violence, but may also be issued under other circumstances.

Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months.

The best advice on a fact find hearing is to ensure you are prepared. If you are the party making the allegations you need to prove your case. It is important that any allegations are backed up by evidence. Parties should not make false allegations to portray a negative image of the other party involved.

The fact-finding hearing is a trial to determine whether (1) the State may intervene over the objections of the family and (2) the child should be declared dependent. Only after a finding of dependency may the court order remedial measures to alleviate the problems that prompted the State's initial intervention.

A family offense petition is filed when a family member claims that another family member committed one of the following acts against another family member: Disorderly conduct. Unlawful dissemination or publication of an intimate image (eff. Sept.

Supreme and Family Court are both civil courts. That means the victim is the one prosecuting the family offense will decide what evidence to present, will decide whether to settle or have a hearing. There is no right to a jury, and the burden of proof is that of a civil lawsuit, being the preponderance of evidence.

Endangering the welfare of a child is a class A misdemeanor. If you are convicted you could be sent to prison for up to 1 year or be placed on probation for 3 years.

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JuDimcL REvIEw OF AGENCY FINDINGS.

In the case of cases involving the agencies, the Court reviews the findings of the agency or its authorized representative. The hearing officer's and the administrative law judges' findings and determinations, and the administrative law judges' decisions, findings, and orders, are reviewed de Nova by the Court. Except as otherwise provided by the Rules of Practice of the Supreme Court, all findings of the officer are subject to review under the Federal Rules of Civil Procedure (Rules 22(a) or 22(c) of this rule). A decision of the administrative law judge or of the administrative law judges reviewing a decision of the officer of the same agency is subject to review under the Rules of Civil Procedure if the same decision is contrary to a previously published decision by the Administrative Law Judge or administrative law judges. It may be reviewed under the Rules of Criminal Procedure if the ruling is contrary to a previously published decision of the judge.

Disclaimer
The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

Rochester New York Determination Upon Fact Finding Hearing

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Can you prosecute in family court?

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