Drafting 101
What is CHRONOLOGICAL?
The Family Court shares this kind of jurisdiction with the Criminal Court with respect to family offenses.
What is CONCURRENT?
He was the Senate sponsor for the Violence Against Women Act which was ultimately signed into law on September 13, 1994 by President Clinton.
Who is President Biden?
This is the standard for determining the custody of minor children.
What is the Best Interest Standard?
This is the term for the county or district within which a criminal or civil case must be heard.
What is VENUE?
When the Petitioner is requesting that the Respondent leave their shared home, they are request this type of relief.
What is an EXCLUSION?
This family offense specifically eliminates the statutory element requiring the conduct to occur in a "public place".
What is DISORDERLY CONDUCT?
The federal government's authority to enact the sweeping reforms contained in VAWA is derived from this sweeping clause (and prominent feature of your con law class).
What is the Commerce Clause?
This is the only enumerated "best interest" factor and must be given weighty consideration.
What is domestic violence?
When a litigant in family court requests a free attorney, they are seeking this kind of attorney/assignment so named for the Article of the County Law defining it.
What is 18-b?
The Family Court is empowered to issue Orders of Protection for up to 2 years or up to 5 years if this is alleged and found.
What is AGGRAVATING CIRCUMSTANCES?
After a fact finding hearing, the court may move onto this phase to determine the type of relief necessary known as what kind of hearing.
What is a DISPOSITIONAL hearing?
VAWA created new categories of immigration relief for victims of trafficking and gender based violence known by these alphabetical monikers.
What are T and U visas?
This type of custody refers to a parent who has both legal and physical custody of a child.
What is SOLE custody?
Persons that are required to report concerns of abuse and neglect - like teachers, doctors, and social workers...but not lawyers...are called this.
What are Mandated Reporters?
When quoting a party in a Family Offense Petition, using language like this, is recommended, in order to allow for slight differences in re-telling.
What is "in sum and substance" or "words to the effect of"?
A person is guilty of this when they compel or induce a person to engage in conduct which they have a legal right to abstain from, or to abstain from engaging in conduct in which they have a legal right to engage in.
What is COERCION?
This "loophole" is one of gaps that has stalled VAWAs reauthorization which allows certain folks to purchase firearms despite prior convictions for DV and/or stalking.
What is the "boyfriend loophole"?
Generally, custody will be granted to a parent. If Grandma or Uncle Mark wants custody, they must first prove this before the court will even consider best interests.
What is extraordinary circumstances?
This alliterative phrase is often used to describe the non-physical but often more destructive violence designed to strip someone of their autonomy.
What is COERCIVE CONTROL?
Most Family Court summonses must be served at least 8 days in advance. Family Offense summonses must be served this far in advance.
What is 24 HOURS?
When you intentionally break someone's phone to prevent them from calling the 911, you have committed this family offense.
What is CRIMINAL MISCHIEF?
In 2005, VAWA made the digital kind of this surveilling behavior a federal offense.
What is stalking or cyber stalking?
Parents can request visitation and so can two other family relations, this is one.
What is a sibling or grandparent?
This landmark case made clear that survivors of dv cannot have their children removed by child welfare authorities for "failure to protect" their children from witnessing violence against them.
What is Nicholson?