Justice, by Pierre Subleyras Most often, court appointed attorneys in Juvenile Court simply guide the parents through the hearings and advise them to sign a plea or stipulation of some kind, which implicates them as being guilty. If the parents sign most do because their court-appointed attorneys are advising it there will be no trial — no opportunity for them to protest their innocence or defend themselves. A few years ago I advised parents to write a letter to their attorneys to let them know what is expected of them. Get this on paper and keep a copy.
You can file a petition in Family Court for an order of protection if 1 you are related to the respondent by blood or marriage; 2 you are or were legally married to the respondent; 3 you have a child with the respondent; or 4 you are or were in an intimate relationship with the respondent. Factors the court may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an "intimate relationship".
You may proceed for orders of protection in Family or Criminal Court or both. If you need an order of protection against someone else, you can only get one through Criminal Court. To get a criminal court order of protection, the police must arrest the person or you may go to the Court Dispute Referral Center.
You must go to the Help Center "Petition Room" between 8: After you tell the clerk at the front desk you are there, you will be given forms to fill out, including one to write down the incidents of violence. When your name is called, you will see a clerk who will write the petition based on the information you gave on the form.
There are no filing fees in Family Court. Write down as many details as possible. Many actions are family offenses, such as when a person verbally, physically, emotionally, or sexually abuses you, or threatens to hurt you.
Describe when each incident occurred, where it occurred, what happened, whether you were injured bruises, cutsand whether weapons were used. It is best to include the most recent incident, the first incident and the worst incident. If there was verbal abuse, tell the clerk the exact words the respondent used.
Tell the clerk if there is criminal court involvement and if there were earlier orders of protection. Before you sign the petition, read it carefully and tell the petition clerk if anything important has been left out.
Make sure the petition is accurate and fully states what you want to tell the Judge. What can I ask for in my petition?
Most temporary orders of protection say that the respondent must not assault, menace, or harass you, but you can ask for additional terms. You must tell the petition clerk specifically what you would like the Judge to order.
Some of these things may be in the temporary order and some may be in the final order. You can ask for: The court can order the respondent to stop abusing or threatening to abuse you or your children.
The order can be specific, such as, ordering the respondent to stop calling you at work. If you do not want to return home, you can ask the court to allow you to enter your home with the police to collect your personal belongings at a certain date and time. If the respondent is dangerous to you or your children, you can ask the court to order the respondent out of the home "excluded" while the order of protection is in effect.
It does not matter that the home is not in your name.
The court can order temporary child support based on the needs of the child. You do not have to show how much money the respondent has or earns. Since the child support is only temporary, you will still have to file a separate petition for child support. You can do this on the 1st floor of the Family Court.
The case will be heard by a Support Magistrate in about two or three months, but you can get support back to the date you filed the petition. Most Family Court orders of protection are for two years.
You can get a five year order of protection if there are "aggravating circumstances", or if the court finds there was a violation of an order of protection.
Aggravating circumstances exist where there is physical injury, the respondent used a weapon or other dangerous instrument against you, there is a history of repeated violations of prior orders of protection, the respondent has been convicted of crimes committed against you in the past, there is exposure of any family or household member to physical injury, or other behaviors that pose a danger to you, your family or other household members.“Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.”—U.S.
Supreme Court Justice Benjamin N. Cardozo in Palko v. ConnecticutFreedom of speech, the press, association, assembly, and petition: This set of guarantees, protected by the First Amendment, comprises what we refer to as freedom of expression.
Feb 09, · Please find below a sample Cease and Desist Letter/Order that can be used against a person or cult (ie: Opus Dei) when they are attempting to harass, stalk, pressure, and/or intimidate you.
To petition the court, you must obtain the appropriate form and request a court date or hearing.
By filing the form, you are "petitioning" the court to hear the case. The word petition is used as a description of the process and only implies filing a form for a judge to review a case or make a ruling on a matter, such as opening adoption records or requesting spousal support.
|Frequently Asked Questions ~ Superior Court of California County of Tehama||In Federalist 78, Hamilton described the power of the judiciary under the text of the Constitution, and why it was so weak in relation to the other two branches of government:|
a letter from a government formerly used to grant a private person the power to seize the subjects of a foreign state specifically: authority granted to a private person to fit out an armed ship to plunder the enemy — usually used in pl.
— often used in the phrase letters of marque and reprisal the Congress shall have power to declare war. Here's The Powerful Letter The Stanford Victim Read To Her Attacker.
A former Stanford swimmer who sexually assaulted an unconscious woman was sentenced to six months in jail because a longer sentence would have "a severe impact on him," according to a judge. Jul 25, · How to Address a Letter to a Government Official. In this Article: Article Summary Sample Letters Addressing the Letter Following Proper Etiquette Writing an Actionable Letter Community Q&A Writing a letter to a government official can be a great way to weigh in on what's going on in your nation, state, or locality.