How Can You Check Family Court Case Against Me

A Denizen's Guide to the Family unit Courtroom

Introduction | Family Court and You | Initial Appearance | Who Tin can Get a Lawyer | Your Lawyer | Your Case | Fact-Finding Hearing | Dispositional Hearing | Highly-seasoned Your Case | Types of Cases in Family Court | Who'south Who in the Courtroom | Glossary

Introduction

The purpose of this guide is to provide you with general information regarding the operation of the Family Court system. Y'all are encouraged to seek legal advice earlier proceeding in Family unit Courtroom. This guide is not intended to be legal advice.

The guide was originally prepared and distributed as a public instruction projection of the Fund for Modernistic Courts. This locally adapted version has been prepared by the members of the Tompkins County Family Court Advisory Council.

Family Court and You

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

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

When a person or an agency wants to bring a case into the Family Court, the kickoff step is to file a petition. The person or agency filing a petition is called the Petitioner. The person confronting 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 case the Family Court is being asked to decide. If yous are not represented by a lawyer, you will demand to fill out the petition yourself. In juvenile malversation cases, the county attorney volition draw up the petition. If possible, yous should consult with a lawyer before filing a petition. The petition must be filed with the Family Court Clerk. The Clerk will make certain that the petition is put on record (filed) correctly and will set a date for the kickoff hearing of the case.

In certain juvenile delinquency cases which do not involve serious fierce deportment, probation intake workers can interview the person who made the complaint, the police officeholder and the accused child to see if the matter can be settled without going through the court and to decide if the child should exist sent habitation or temporarily detained. No one can be forced to talk to the probation workers at this time. What is said in the interview will not be disclosed unless there is a finding of malversation by the court.

Initial Appearance (First Hearing)

At the commencement courtroom proceeding - the Initial Appearance - the judge will briefly review the petition and explicate the charges or demands for relief. The judge will likewise 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 beget to pay for i (come across below, "Who Can Go a Lawyer") and may consequence a summons for the other person to appear. In certain specific circumstances involving serious charges, the judge may gild a warrant of abort.

At the decision of the Initial Appearance, the judge will usually set a engagement for the lawyers to meet with the judge'south police force 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 by agreement, the court will schedule the case for trial.

Who Tin can Get a Lawyer

The parties in well-nigh Family Court proceedings accept the correct to have a lawyer. Yous are free to hire a lawyer of your choosing. If your detail case is one where you take the right to a lawyer, merely you lot cannot afford to pay for your own lawyer, and so the courtroom will commonly assign i to the stand for you. Cornell Legal Aid and some neighborhood legal service groups may also be able to give legal help at no cost to people whose income falls beneath a sure level.

In most cases, children are entitled to legal help in the Family Court. The judge will assign a lawyer called a law guardian for the child. There is no accuse for the assist of a law guardian. Law guardians may be lawyers who work for the Constabulary Guardian'due south Office or lawyers with private practices who are appointed past the court.

In juvenile delinquency cases, the facts of the petition are presented by the banana county chaser. Assistant district attorneys nowadays cases involving serious violent offenses.

In contested paternity or support cases, the Department of Social Services volition represent the custodial parent regardless of income. The court will 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 past the court, is in that location to protect your rights. Brand USE OF YOUR LAWYER.

Work with your lawyer so that your case can be presented to the judge in the all-time possible way. When you speak with your lawyer for the first fourth dimension, give your address and telephone number and get your lawyer's proper noun, address and telephone number. Gear up a appointment to see to go over your case before the next court date.

If you do not understand why you were chosen to Family unit Court, ask your lawyer to explain it to you. Y'all are entitled to go a re-create of the petition from the court. If you didn't receive information technology, ask to encounter a copy of the petition and any other court papers.

The next time you meet with your lawyer, bring any information or papers that will help to explain your side of the case. Your lawyer tin help you lot all-time if you Requite ALL THE FACTS. The lawmaking of ethics for lawyers forbids them to disclose anything nearly your case that yous 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 get in bear on with people who would be witnesses for you.

At the hearing, permit your lawyer do all the talking. If yous want to speak, first hash out what you lot want to say with your lawyer. Equally much every bit you may want to speak out in courtroom, things y'all say without checking with your lawyer might injure your instance.

Your Case

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

On the day of your court hearing, make certain you are on time. If for whatsoever reason you cannot make it, let your lawyer know in enough of fourth dimension so that he or she tin ask the court to set the case for another twenty-four hour period. If y'all have lost the information about your court date, call your lawyer or call the Family Court Clerk's Part. If you do not know where to get in the courthouse on your hearing date, ask at the security or information desk-bound.

Fact-Finding Hearing (Trial)

Trial in Family Court may consist of i or 2 steps. Custody, visitation, paternity or back up cases are decided in ane step - the fact-finding hearing. Cases involving family offenses, Persons in Need of Supervision (PINS), Juvenile Delinquency (JD), abuse, neglect or permanent neglect are decided in 2 steps - the fact-finding hearing is held first and the dispositional hearing is the second pace. There is no jury in Family unit Courtroom; the guess conducts all hearings.

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

If the facts are proved in custody, visitation, paternity or back up cases, the judge will also 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 stride 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, and then a dispositional hearing will be held. The dispositional hearing volition start immediately after the fact-finding hearing ends or volition be scheduled on some other twenty-four hours. At the dispositional hearing, the judge decides what should exist done about the allegations proved in the fact-finding hearing.

Highly-seasoned Your Case

If you believe the court's last decision and gild is legally wrong, you lot may desire to entreatment. This means that a higher courtroom will review the decision of the Family Court. Ask your lawyer about this correct.

If you lot want to entreatment, tell your lawyer, who tin tell the court that you want to appeal your example. A new lawyer may be assigned to your case if y'all cannot afford to pay for one. You should discuss with your lawyer whether or not the instance should exist appealed. A notice that you lot want to appeal must be filed within thirty (xxx) days after the judge's decision on your case is served on all the parties or their attorneys. If the Detect of Appeal is not filed within the xxx (30) day fourth dimension-limit, you will lose your right to entreatment.

Types of Cases in Family Court

You or your kid may be involved in 1 of these types of cases:

Child Protective Proceedings (N petition)

Child abuse and neglect petitions may charge that the parent, guardian or a person legally responsible for a child has neglected or corruption the kid. Neglect and abuse may include causing emotional or physical harm or risk of damage to the child. It may also include failing to protect a child from harm caused past other people. The charge of abuse or neglect must exist 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 courtroom finds that corruption or neglect occurred, it may effect an society requiring the removal of the child from the home for a catamenia of up to twelve months. The order may also direct the parent or guardian to participate in programs and services designed to help eliminate the problems that caused the abuse or neglect. At the end of twelve months, the child may be returned home, the Department of Social Services may ask for an extension of the child's placement or the Department of Social Services may file a petition to terminate parental rights (meet "Permanent Neglect"), below).

A child may likewise be removed from the home earlier a petition is filed. This may happen when a kid is in a state of affairs that is a danger to the child'due south life or health. If a child is removed from the home before a petition is filed, the parent must exist notified immediately. The Department of Social Services must and so promptly file a petition in Family Court. 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 domicile.

Sometimes a kid is removed from a habitation with the permission of the parent or guardian. Unless the parent or guardian has signed a paper allowing removal, the party has a right to a hearing on the child'due south removal from domicile.

Custody and Visitation (V petition)

Having custody of a child ways that a person is legally responsible for the care of the child. Visitation rights are sometimes given by the court to people who no longer have custody of their child, but have the court'south permission to meet the kid at certain times.

The judge, after hearing all sides of the case, will make up one's mind who should have custody of the child, and sign an official court paper chosen a custody order.

The estimate 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 Crime (O petition)

A family crime petition may claim that a person hurt or threatened a fellow member of his or her family or household. Afterwards the petition is filed, a judge may sign an official court paper chosen a Temporary Order of Protection. This orders the person charged to immediately finish harming or threatening the family or household member and may fifty-fifty guild a family member to be removed from the home. The Temporary Order of Protection remains in effect for 90 days or until the courtroom makes another guild, whichever comes first.

A family criminal offense 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 be done. For example, a Permanent Order of Protection may be issued to replace the Temporary Order of Protection. A Permanent Guild of Protection remains in effect for a year and violation of its terms may result in the court ordering a jail sentence of up to six months.

A judge may also grant custody to 1 party and/or make up one's mind whether visitation is advisable and under what weather.

Juvenile Delinquency -- JD (D or East petition)

A juvenile delinquent is a person between the ages of vii and 16 who commits an human activity that would be a criminal offence (a misdemeanor or felony) if it were done by an developed. A thirteen, 14, or 15 year erstwhile who commits certain serious, violent acts may be treated as an adult in a criminal court or the criminal court may remove the example back to Family Court. In these serious cases where the actions are chosen designated felony acts, the Commune Attorney's Office volition exist the agency who presents the case against the juvenile.

If the case volition be heard in Family Court, a date and a time will be set for an Initial Advent. The case will then proceed as discussed to a higher place -- through fact-finding and dispositional hearings.

If the facts alleged in the petition are proved and the child institute to be a juvenile runaway, there are several options bachelor 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 judge decides that the child is a juvenile delinquent, there is no criminal record against the kid. Even so, Family Courtroom, Probation and constabulary records exist.

Persons in Demand of Supervision -- PINS (Due south petition)

A person in need of supervision (PINS) is a person between the ages of 7 and 16 (up to 18 starting 11/01) who does any or all of the following:

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

A PINS petition may be filed (one time written permission has been received from the Probation Department) to ask the Courtroom at the dispositional hearing to order treatment or supervision for the child. Like a Juvenile Runaway, a PINS may be confined in an institution, placed in a group 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 conclusion as to whether or non a man charged is the begetter of an out-of-wedlock child. Often the person alleging paternity or the person accused of being the father of the child asks that a blood test be made, or information technology may be ordered by the court. Either party, or the court, may request that a further test known equally an HLA test be made. This examination frequently shows that a man is or is not the father of the kid, but the costs of the exam may exist substantial. (In some instances, the Department of Social Services volition pay for the exam.)

If paternity is proved or admitted, the judge will sign an Social club of Filiation, an official court newspaper proverb that the person is the male parent of the child. Then the hearing volition go on to decide back up rights. A man charged in a contested paternity proceeding may hire a lawyer to stand for him or can accept a lawyer appointed if he cannot afford one. If the mother is using the services of the Support Collection Unit at the Department of Social Services, that Unit of measurement will represent the mother regardless of income.

The Social club of Filiation is extremely important because it establishes the fact that the man is related to the child. This relationship must exist if the begetter is to have whatever rights (visitation, custody) to the child, or the child is to obtain whatsoever benefits from the father (support, Social Security, etc.).

Permanent Neglect (B petition)

When a child has been removed from the parents' home due to certain serious problems, the Section of Social Services may decide that the problems cannot exist resolved in a reasonable amount of time, commonly 12 months from when the child was removed. In this state of affairs, the Department may file a Permanent Neglect petition to asking the courtroom stop the parent'south parental rights and free the child for adoption.

A permanent neglect petition may likewise 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 to a higher place, including an Initial Advent, fact-finding hearing and dispositional hearing.

Support (USDL or F petition)

A wife, husband, relative, the Department of Social Services or certain other authorized agencies tin bring a back up petition in Family unit Courtroom to have the court decide who is legally responsible for the support of a child, spouse or relative and how much back up should be paid. When the person charged with support lives in some other country, country or county, a Compatible Support of Dependents Police (USDL) petition is filed. All parties in a support case have a right to a hearing.

The person charged with declining to obey (violating) a back up guild also has a correct to a hearing. The judge will make up one's mind how much support will exist ordered to be paid subsequently deciding whether the person charged is responsible for back up. To be sure support payments are made, the guess may lodge a payroll deduction or seizing of belongings or a judgment. If an guild of back up is disobeyed, the gauge may send the person to jail.

Approval of Foster Intendance Placement (L petition) and Foster Care Reviews (Chiliad petition)

Sometimes a parent or guardian feels unable to care for a kid and temporarily gives abroad the right to custody to a social service agency either for a short time or permanently. The agency which takes custody of a child must ask the courtroom to review and approve that activity. The parent must be given notice of this hearing and take his or her side heard in courtroom. The law requires that when a child has been voluntarily placed in foster care for more than thirty (30) days, this hearing must take identify and the parents must be told about the engagement of this hearing. The parents or guardian, a social worker, and a member of the agency involved should be at the hearing. The guess will make up one's mind if the placement is voluntary and necessary.

If a kid is in foster care for twelve (12) months or longer, a instance chosen foster care review will be filed with the Family Courtroom. The Court will determine what to do with the child who is in foster care. This review could outcome 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(s). If a child remains in foster care there must exist another hearing in 1 yr. The parent has a correct to a lawyer at a foster intendance review.

Who'due south Who in the Court

Estimate
The Judge is in charge of the court and decides what will happen in a instance. He or she sits at a desk-bound (also called the demote) at the front of the courtroom. As in other courts, the judge wears a blackness robe.

Banana County Chaser
The Assistant County Chaser presents PINS and JD petitions confronting the juvenile.

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

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

Police Guardian
A law guardian is a lawyer assigned by the Gauge to represent the legal interests of the kid.

Probation Officer
The Probation Officer works for the county Probation Department. There is non usually a Probation Officer present in Family Court unless the Judge requests their presence. Sometimes the Judge will order the Probation Department to get together information nearly the people involved in a case and report to the court.

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

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

Caseworker
The staff member from a social service bureau involved in a example is generally chosen a Caseworker. Caseworkers are often required to gather data about the people involved in a case and written report to the court.

Glossary

adjustment A plan of services through the Probation Section to resolve the complaint confronting a person charged with less offenses.

banishment An lodge to postpone or append the Courtroom's proceedings in a instance until another specific date.

adjudicate To hear and determine the truth of the facts declared in a petition.

access 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. Commonly appeals are brought and decided upon questions of police only.

Assigned Counsel Lawyers appointed by the courtroom to stand for a party who has the right to a lawyer but cannot beget one.

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

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

conditional discharge I of the possible terminal orders past the Courtroom. If the agreed upon conditions are met by the end of the yr, the instance is dismissed.

demands for relief A asking by an chaser to the court for orders to improve the conditions for his/her clients.

family unit court clerk State employee in charge of the county's Family unit Court offices and its operations.

felony A class of serious crimes from which punishments may exceed one twelvemonth's imprisonment.

group home A foster placement for several teenagers - ordinarily operated by a private child care bureau.

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

misdemeanor A grade of lesser crimes for which punishment may non 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 activity of the filing of a lawsuit against him/her. A summons requires the omnipresence of a person at court.

suspended judgment Ane of the possible final orders by a courtroom. After a period of one year, if certain weather condition are met, the case is dismissed. Judgment of guilt is "suspended" and never determined.

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

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