Statute:

Rules of court for preliminary procedure

ยง 823. Rules of court for preliminary procedure. (a) Rules of court
may authorize the probation service

(i) to confer with any person seeking to file a petition, the
potential petitioner and other interested persons concerning the
advisability of filing a petition under this article, and

(ii) to attempt through conciliation and agreement informally to
adjust suitable cases before a petition is filed over which the court
apparently would have jurisdiction.

(b) The probation service may not prevent any person who wishes to
file a petition under this article from having access to the court for
that purpose.

(c) Efforts at adjustment pursuant to rules of court under this
section may not extend for a period of more than two months without
leave of a judge of the court, who may extend the period for an
additional sixty days. Two successive extensions may be granted under
this section.

(d) The probation service may not be authorized under this section to
compel any person to appear at any conference, produce any papers, or
visit any place.

(e) If agreement to cease offensive conduct is reached, it must be
reduced to writing and submitted to the family court for approval. If
the court approves it, the court without further hearing may thereupon
enter an order of protection in accordance with the agreement, which
shall be binding upon the respondent and shall in all respects be a
valid order. The court record shall show that such order was made upon
agreement.

FCT 823 2014-09-22

Sections:

Article 8 - Family Offenses Proceedings
Part 1 - (812 - 818) Jurisdiction
812 - Procedures for family offense proceedings.
813 - Transfer to criminal court.
814 - Rules of court regarding concurrent jurisdiction.
814-A - Uniform forms.
815 - Transcript of family offense proceedings; request by district attorney.
817 - Support, paternity and child protection.
818 - Venue.
Part 2 - (821 - 828) Preliminary Procedure
821 - Originating proceedings.
821-A - Preliminary procedure.
822 - Person who may originate proceedings.
823 - Rules of court for preliminary procedure.
824 - Admissibility of statements made during preliminary conference.
825 - Issuance of summons.
826 - Service of summons.
827 - Issuance of warrant; certificate of warrant.
828 - Temporary order of protection; temporary order for child support.
Part 3 - (832 - 838) Hearing
832 - Definition of "fact-finding hearing".
833 - Definition of "dispositional hearing".
834 - Evidence.
835 - Sequence of hearings.
836 - Adjournments.
838 - Petitioner and respondent may have friend or relative present.
Part 4 - (841 - 847) Orders
841 - Orders of disposition.
842 - Order of protection.
842-A - Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law...
843 - Rules of court.
844 - Reconsideration and modification.
845 - Effect of order of disposition.
846 - Petition; violation of court order.
846-A - Powers on failure to obey order.
847 - Procedures for violation of orders of protection; certain cases.

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