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Order Of Fact-Finding And Disposition 8-5 - New York
| Order Of Fact-Finding And Disposition Form. This is a New York form and can be used in Domestic Violence And Family Offense Family Court Statewide . |
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F.C.A. §§ 841; 842; 842-a [Note: If petition is dismissed, use Form 8-7] Form 8-5 (Family Offense Order of Fact-finding and Disposition) (8/2010) At a term of the Family Court of the State of New York, held in and for the County of at , New York, on , . PRESENT: Hon. Judge ............................................................... Petitioner, -against- Docket No. ORDER OF FACT-FINDING AND DISPOSITION Respondent. ............................................................... NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY, AFTER COURT HEARING, RESULT IN YOUR COMMITMENT TO JAIL FOR CONTEMPT OF COURT FOR A TERM NOT TO EXCEED SIX MONTHS FOR EACH VIOLATION. VIOLATIONS OF AN ORDER OF PROTECTION MAY RESULT IN CRIMINAL PROSECUTION AND INCARCERATION FOR UP TO SEVEN YEARS FOR CRIMINAL CONTEMPT. A petition under Article 8 of the Family Court Act having been filed in this Court; and the Petitioner [specify]: having [check applicable box(es)]: appeared with counsel without counsel not appeared ; not appeared but counsel appeared; and the Respondent [specify]: having [check applicable box(es)]: appeared with counsel without counsel waived counsel not appeared ; not appeared after service not appeared but service could not be made after every reasonable effort had been made to effect service not appeared but counsel appeared; and the Respondent [specify]: having: voluntarily, intelligently and knowingly admitted in open court that (s)he committed the following act(s) [specify]: American LegalNet, Inc. www.FormsWorkFlow.com Form 8-5 page 2 denied the allegations of the petition and the matter having duly come on for a factfinding hearing before this Court ; failed to appear and the matter having duly come on for a fact- finding hearing by inquest before this Court ; voluntarily, intelligently and knowingly consented to the entry of an order of factfinding without admission; And the Court finds that after [check applicable box(es)]: hearing the proofs and testimony offered in relation to the case accepting the admission by Respondent [specify]: the following allegations in the petition are supported by a preponderance of the evidence [specify]: and that Respondent committed acts constituting the following family offense(s) [specify]: Disorderly conduct Harassment in the first or second degree Assault in the second or third degree Attempted assault in second or third degree Criminal mischief Forcible touching Menacing in the second or third degree Reckless endangerment Aggravated harassment in the second degree Stalking Sexual misconduct Sexual abuse in the second1 or third degree Criminal obstruction of breathing or circulation Strangulation [Delete if inapplicable]: And the Court further finds the following aggravating circumstances [specify]: And the matter having duly come on for a dispositional hearing, and the Court having made examination and inquiry into the facts and circumstances of the persons involved, IT IS HEREBY [Check applicable box(es)]: ORDERED that the petition is GRANTED; and it is further ORDERED that the Respondent shall for a period not in excess of [check applicable box]: two years five years other period [specify]: observe the conditions of behavior specified in the Order of Protection entered and annexed to and made a part of this order; and it is further ORDERED that the Respondent surrender any and all firearms owned or possessed, including, but not limited to, the following [specify]: Such surrender shall take place on or before [specify date/time]: at [specify location]: ; and it is further 1 W here victim is incapable of consent for reason other than being under age 17 [Penal Law §130.60(1)]. American LegalNet, Inc. www.FormsWorkFlow.com Form 8-5 page 3 ORDERED that the Respondent's license to carry, possess, repair, sell or otherwise dispose of a firearm or firearms, if any, pursuant to Penal Law §400.00, is hereby [check applicable boxes]: suspended; revoked; and the Respondent shall remain ineligible to receive a firearm license during the period of this order; and it is further ORDERED that the Respondent pay restitution in the amount of $ to [specify]: for the benefit of [specify name(s)]: to begin on [specify date]: at the rate of $ per month and to be paid in full by [specify date]: ; and it is further ORDERED that the Respondent is placed on probation under the supervision of the Probation Department of County for a period of upon the following terms and conditions [check applicable provisions; See 22 NYCRR §§205.74(a),(b)]: ___ 1. ___ 2. ___ 3. ___ 4. ___ 5. Observe the specified conditions of conduct as set forth in the Order of Protection issued pursuant to Section 842 of the Family Court Act. Remain within the jurisdiction of the Court unless granted permission to leave by the Court or probation officer. Answer all reasonable inquiries by the probation officer and notify the probation officer prior to any change in address or employment. Report to a probation officer as directed by the Court or the probation officer and permit the probation officer to visit your place of residence. Do not have any contact with the following persons [specify]: You must not have any physical, visual, written, telephone, e-mail, fax or other electronic or other contact with such person(s). You must not directly or indirectly cause or encourage anyone else to have such contact with such person(s). Pay for medical or mental health treatment expenses for the following person(s) [specify]: . Pay all court-ordered attorney's fees and disbursements incurred by the following person(s) [specify]: that arise from this Family Offense matter. Cooperate with Department of Social Services and/or child protective workers associated with this Family Offense matter. Obey the order for [check applicable box]: no visitation supervised visitation unsupervised visitation with your children. Court-ordered visitation with your children is permitted as follows: _________________________________________________________________ Surrender any and all firearms owned or possessed by you to the law enforcement agency designated above by the date and time ordered above. Attend, pay for, and satisfactorily participate in a batterer's education program designed to help end violent behavior. You will not be discharged from probation without satisfactory completion as determined by your counselor and probation officer. Participate in available [check applicable box(es)]: medical substance abuse
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