Wednesday, September 12, 2012

How to Get a Copy of the Death Certificate

A death certificate is a paper that records the official date and location of a person's death.

In some cases, you might need a "certified" copy of the death certificate. A certified copy has the raised seal of the state and is good for legal purposes such as settling an estate or claiming insurance benefits.
If the person died in New York City (Bronx, Brooklyn, Manhattan, Queens, and Staten Island):
You can order a certified copy of the death certificate online or by mail from the
Office of Vital Records.

If the person died outside of New York City:
You can order a certified copy of the death certificate online or by mail from the
New York State Department of Health.

If the person died outside of New York State:
Contact the vital records or death records office of the state where the person died.

If the person died outside of the United States and was a U.S. Citizen:
Contact the
U.S. Department of State for a Consular Report of Death of a U.S. Citizen Abroad.


Figeroux & Associates
26 Court Street, Suite 701
Brooklyn, NY 11242
Phone: 718-834-0190
Fax: 718-222-3153

Housing -Landlord-Tenant

Q. What is a "notice of eviction"?

A. A notice of eviction is a written notice from a marshal or sheriff warning a tenant that he or she has to move out.

Q. What can a landlord do if the tenant has stopped paying rent?
A. If a tenant has stopped paying rent a landlord can start a nonpayment case. First, the landlord must make a rent demand. If the tenant doesn't pay, the landlord can start a case in court. Small landlords can use the free DIY (Do-It-Yourself) Form program to make a written rent demand or the papers needed to start a nonpayment case. For landlords in New York City

http://www.nycourts.gov/courts/nyc/housing/int_smallproperty.shtml, for landlords outside New York City.http://www.nycourts.gov/courthelp/diy/smallProperty.html

Q. What can a landlord do if there is a person living in the premises who was invited to stay by the former tenant before the tenant moved out?

A. If there is someone living in the premises who started living there with the tenant's permission before the tenant moved out, that person is a licensee. A landlord can start a licensee holdover case. First, the landlord must serve the licensee with a notice to quit. If the licensee doesn't move out, the landlord can start a case in court. Small landlords in New York City can use the free DIY Form Programhttp://nycourts.gov/courts/nyc/housing/diy_smallPropOwnLic.shtml to make a written notice to quit or the papers needed to start a licensee holdover.


Q. I received eviction papers called a "Notice of Petition" and a "Petition" saying that I didn't pay my rent. What should I do?

A. In New York City, go to the Clerk's Office of the court named in the papers within 5 days of receiving them to Answer the Petition. http://www.nycourts.gov/courts/nyc/housing/int_nonpayment.shtmlhttp://nycourthelp.gov/Booklets/Nonpaymentevictioncases.pdf


Q. I received eviction papers called a "Notice of Petition" and a "Petition" saying a different reason than nonpayment of rent. What should I do?
A. The landlord starts a holdover case to evict a tenant or another person (also called an occupant) in your home. A holdover case is started for a different reason than nonpayment of rent. For example, a holdover case is started because your lease expired, or you are too noisy, or the tenant gave you the apartment without telling the landlord, or you put a wall up without permission. If you got a Notice of Petition and Petition, go to court on the date listed on the papers.http://nycourthelp.gov/booklets/TenantsGuide_holdover.pdfhttp://www.nycourts.gov/courts/nyc/housing/pdfs/tenantsguide.pdf

 
Q. What happens if a tenant doesn't answer the legal papers or a landlord or tenant misses the court date?

A. If a tenant does not answer the court papers or misses a court date, the landlord could win a judgment which could make an eviction. To ask the court to stop the eviction and reopen the case you must have both a good reason for not going to court when you were supposed to, and a good reason or defense why the landlord should not win the case. You can use the free DIY (Do-It-Yourself) Form program to make the court papers you need. http://www.nycourts.gov/courts/nyc/housing/int_tenantaffidavit.shtmlhttp://sandbox.courtnet.org/courthelp/diy/tenantvacatedefault.html


Q. What should a tenant bring to court?

A. A tenants should bring all money order receipts, canceled checks, or other receipts related to rent payment. A tenant should also bring a copy of the lease and lease renewal, if any, and records, including pictures and notes about problems with the apartment. Bring receipts for materials purchased to repair the apartment, if any.
Q. What happens if I need a postponement (a later court date)?

A. Ask for an "adjournment," which is the same as a postponement. Sometimes both parties can agree to "adjourn" the case to another day and let the judge know that. When they do not agree, the person wanting the adjournment must ask the judge for one.
Q. In an eviction case, what happens if a tenant and a landlord can't agree?

A. They will have a trial. The landlord will have to prove the case. If the landlord can't prove the case, it will be thrown out; if the landlord proves the case, the landlord will get a judgment against the tenant for the eviction.
Q. What is an Order to Show Cause?
A. An Order to Show Cause is a written request to bring the case to a Judge for a reason or reasons in the Order to Show Cause papers. An Order to Show Cause must be signed by a judge and will state the date, time, and courtroom for the court hearing.
http://www.nycourts.gov/courts/nyc/housing/restoretocalendar_diy.shtml

 
Q. What is an inspection?

A. In a case where a tenant claims that items or conditions in an apartment need repair, an inspector (who is not in the case) can be sent to the tenant's apartment to look at the claim. A tenant may request an inspection when he or she first comes to the Clerk's Office or on the first court date.

Q. What is an HP action?

A. This is a court case started by a tenant to have a landlord make repairs to an apartment. (The "H" is for "housing" and the "P" is for "part.") Usually, the cost to start an HP action is $45.00. If a tenant can't afford the filing fee, he or she can get forms from the Clerk for starting the action without paying the fee. A court can order an apartment inspection date and a date, time, and courtroom where the tenant and landlord must go.
Q. Are there different rules for Mobile Home Parks?

A. Yes! A mobile home park is a stretch of land that has three or more mobile homes on it. In a nonpayment case, a mobile home park owner or operator must give a tenant a 30 day written Rent Demand and a 30 day Warrant of Eviction. In a holdover case, a mobile home park owner or operator must give a tenant who owns his or her mobile home a 90 day Warrant of Eviction. A manufactured home park owner must also offer every manufactured home park tenant the opportunity to sign a lease, for at least one year.http://www.dhcr.state.ny.us/publications/housinginformationseries/mhpinfo.htm



Figeroux & Associates
26 Court Street, Suite 701
Brooklyn, NY 11242
Phone: 718-834-0190
Fax: 718-222-3153
www.falaw.us

Glossary of Common Legal Terms

A ACQUIT
A decision by the trial jury or judge that a person is not guilty of an offense.
ACTION
A legal demand for a right asserted by instituting a case in court.
ADJOURNMENT
To temporarily postpone or reschedule the proceedings of a case until a future time.
ADJUDICATION
A judgment or decree.
AFFIDAVIT
A sworn or affirmed statement made in writing and signed.
AFFIRM
(a) An appellate court’s act of upholding as correct a judgment or decision of a lower court; (b) An act of declaring something to be true under the penalty of perjury.
ALLEGATION
The act of a party to a legal action of stating what he/she intends to prove.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Ways of helping people resolve legal problems out of court. Collaborative law and mediation are types of ADR.
ANSWER
A pleading submitted by a defendant or respondent in response to allegations asserted by the plaintiff or petitioner.
APPEAL
A proceeding to have a case examined by a higher court to see if a lower court’s proceedings and decisions were made correctly.
APPEARANCE
When a defendant submits to the jurisdiction of the court.
APPELLATE
The party appealing a judgment or decision to a higher court.
APPELLEE
The victorious party against whom an appeal is brought.
ARTICLE 78
A special proceeding brought to challenge the activities of an administrative agency.
ARTICLE 81
A special proceeding under the Mental Hygiene Law to name a person as the guardian of another. Once appointed, the guardian is invested with the power and charged with the duty of taking care of the person and managing the property and rights of that person, who is considered incapable of administering his or her own affairs.
ARRAIGNMENT
Formal proceeding where a defendant appears in court and is apprized of the allegations against him or her.
ARREST WARRANT
A court order directing a peace officer to arrest/seize a named person to bring her or him before the court for arraignment.
ASSIGNED COUNSEL
An attorney assigned by the court to represent a defendant without charge.
B BAIL
Cash, bond or other security deposited with the court in order to obtain the release of a defendant. The Surety, who is the party posting bail, undertakes an obligation to produce the defendant as required before the court.

BENCH WARRANT
An order issued by the court for the arrest of a defendant who has failed to appear in court as directed.
BRIEF
A written document submitted by a party to an action setting forth relevant facts and law.





C CAPTION
The heading of a pleading or case file, indicating the parties, the court, case number and other pertinent information.
CAUSE
An action.
CHAMBERS
A judge’s office.
CHANGE OF VENUE
The removal of an action to another jurisdiction for legal reasons.
CITATION OR CITE
A group of numbers and letters used to locate a previously decided case in a law casebook. Ex. 15 N.Y. 2d 500 - Look to Volume 15 of the New York Reports Second Series, page 500.
COLLABORATIVE LAW
A way to solve legal problems without going to court. Both sides have a lawyer but they agree not to go to court.
COMMIT
The power of a court to order a person to a correctional institution, mental hospital or juvenile reformatory.
COMPETENCY
A determination by the court that a person is legally fit and qualified to give evidence.
COMPLAINANT
A plaintiff.
COMPLAINT
The initial pleading in an action formally setting forth the allegations in issue.
CONCUR
Opinion of a judge or justice of an appellate court which is in agreement with the decision rendered by another judge for the same or different reasons.
CONCURRENT SENTENCE
When a court order permits two or more sentences to be served at the same time as opposed to consecutively.
CONTEMPT OF COURT
An act done with the intent to embarrass, hinder or obstruct a court from the administration of justice. Direct contempt is an act done in the presence of the court. Indirect contempt is the wilful disobedience of a court order.
CONVICTION
A finding of guilt by plea or trial.
COUNTERCLAIM
Claim presented by a defendant in opposition to those claims asserted by the plaintiff.
CRIME
An offense which is enumerated in any law governing conduct as a misdemeanor or a felony. (Note: infractions and violations are not crimes.)
CROSS-EXAMINATION
The questioning by a party or his/her attorney of another party or a witness called by another party.





D DECEDENT
A deceased person.
DEFENDANT
1) Civil case - the party being sued; (2) Criminal case - the party accused of committing the offense charged.
DE NOVO
From the Latin for "anew"; usually used to mean a new trial.
DECREE
Decision or order of the court.
DEFAULT
When a party fails to answer or appear in the proscribed time period.
DEPOSITION
Written testimony of a witness who may not be present in court.
DISCOVERY
Where one party obtains information or facts about the action pursuant to statutory rules.
DISMISSAL
An order by the court ending an action for a specified reason. A dismissal permits a party to institute the same action again.
DUE PROCESS
Law in its regular course of administration through courts of justice. Due process means that no person may be deprived of life liberty or property or of any right granted by statute, unless the matter involved shall first be adjudicated upon a trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing.

E ENJOIN
To require an individual to refrain or to perform an act.
ENTRAPMENT
The acts by agents of the government to induce a person to perform a criminal act for the purpose of prosecuting that individual.
ESCHEAT
The right of the state to property in the absence of anyone to inherit it.
ESCROW
A deed, writing or fund delivered to one person to be held until specified acts are performed or certain conditions are met.
ESTOP
To bar or impede
EX PARTE
By or for one party done outside the presence of the other party.

F FALSE ARREST
An unlawful physical restraint of an individual.
FELONY
A serious crime, punishable by a term of incarceration greater then one year.
FIDUCIARY
One who is authorized to act for another concerning the subject matter of the trust.
FORECLOSURE
A proceeding whereby a mortgagee (usually a bank) seeks to take title to or forces the sale of the mortgagor’s (for example, a homeowner) property in satisfaction of a debt.
FRAUD
An intentional misrepresentation, deceit or perversion of the truth.





G GARNISHMENT
A method of satisfying an outstanding debt or judgment by seizing property or credits of the debtor held by a third party.
GUARDIANSHIP
A legal arrangement by which one person (a guardian) has the legal right and duty to care for another and his or her property.
GRAND JURY
A group of sixteen to twenty-three individuals impaneled to hear evidence to decide if probable cause exists that a crime has been committed and an indictment should be returned.
GUARDIAN AD LITEM
A person appointed by the court to look after the interests of an infant or an incompetent.

H HABEAS CORPUS
The name given to a variety of writs or court orders whose primary purpose is to bring a party before a court or judge to determine if that person is being unlawfully deprived of his or her liberty.
HEARSAY
An out of court statement being offered for the truth of its contents.
 

ÿ hÿ hI INCOME EXECUTION
A method to satisfy a judgment by levying a portion of the defendant's wages.
INDETERMINATE SENTENCE
A sentence without a definite term. For example a sentence of "x to y years" or a sentence of "not more then x but not less than y years."
INDICTMENT
A written accusation voted by a grand jury.
INJUNCTION
A order issued by the court directing a person to do or refrain from certain action.
INSTRUCTION
Direction given by the judge to the jury.
INTERROGATORIES
Written questions proffered by one side which must be answered in writing by the other side as part of the discovery process in an action.
INTESTATE
When an individual dies without leaving a will.

J JUDGMENT
Final decision of a court, resolving the matter in dispute.
JURISDICTION
The geographical and "type of actions" limitations of a court. For example Westchester County Family Court has jurisdiction over family matters within the limits of Westchester County.
JURY
A certain number of individuals determined by law who are sworn to inquire into certain matters of fact.
JUVENILE OFFENDER
A 13, 14 or 15 year old charged with acts constituting murder in the second degree or a 14 or 15 year old charged with acts constituting certain serious offenses enumerated in the criminal code.

ÿ hÿ hK L LIEN
A claim, encumbrance, or charge on property for payment of some debt obligation or duty.
LIS PENDENS
A pending suit. Jurisdiction, power or control which courts acquire over property in suit pending action and until final judgment. A notice of lis pendens is filed on public records for the purpose of warning all persons that title to certain property is in litigation, and that they may be bound by an adverse judgment.

ÿ hÿ hM MARSHAL
A law enforcement official who is authorized, pursuant to a warrant of eviction, to remove one party from a premises and to turn over possession to the other party.
MEDIATION
Where you and the other side meet with a neutral person – called a mediator – who is specially trained to help people resolve their disputes without having to go in front of a judge.
MISDEMEANOR
A lesser level of crime punishable by a term of incarceration of one year or less.
MISTRIAL
An invalid trial.
MOTION
An oral or written request made by a party to the court for specific relief.

ÿ hÿ hN NEGLIGENCE
The failure to do something that a reasonable person guided by ordinary considerations would do, or something a reasonably prudent person would not do.
NO TRUE BILL
A decision by a grand jury not to return an indictment.
NOLO CONTENDERE
From the Latin meaning "no contest.

ÿ hÿ hO OBJECTION
The act of taking exception to a statement or ruling in a trial.
OFFENSE
Conduct for which a sentence to a term of imprisonment or to a fine is provided by any law, statute, or rule governing conduct.
ORDER TO SHOW CAUSE
A court order to appear as directed and present to the court such reasons why a particular decree should not be made.

P PAROLE
The conditional release of a prisoner under supervision before the termination of the sentence of imprisonment.
PEREMPTORY CHALLENGE
The right of a party to dismiss a prospective juror without citing a reason.
PETITIONER
The party initiating a proceeding or the party bringing an appeal to a higher court.
PLAINTIFF
An individual who brings a civil action.
PLEA
A criminal defendant's response to the charges, i.e. guilty, not guilty or not guilty by reason of insanity.
PLEADING
The process by which the parties in an action present their causes of action and arguments.
POLLING THE JURY
Asking individual jurors whether they assent to a reported verdict.
POOR PERSONS ORDER
An order of a court finding a person unable to pay the costs, fees and expenses necessary to prosecute or defend an action or appeal. Once the status is granted, the poor person is not liable for the costs or fees in the action.
POWER OF ATTORNEY
Authorization for one person to act as the agent of another.
PRELIMINARY HEARING
A pretrial hearing conducted by a judge to determine if an individual should be held to answer for criminal charges.
PROSECUTOR
A district attorney, attorney general, their assistants or any other public official who represents the people in a criminal action.
PRESENTENCE REPORT
A report filed with the court by the Department of Probation, which contains information about the defendants prior criminal history and background, as well as a summary of the instant case. The report may also contain a statement by the victim and prosecutor. This report is made to aid the judge in formulating a just sentence.
PRIVILEGED COMMUNICATIONS OR INFORMATION
Made between persons in a particular relationship which is not subject to disclosure without the permission of the individual benefitting from the privilege (i.e., attorney-client; husband-wife; doctor-patient.)
PRO SE
Appearing on one’s own behalf without an attorney.
PRO BONO
Legal services provided without cost.
PROBATE
The process of proving a will.
PROBATION
In criminal law a sentence served outside of prison under direct supervision according to a specified set of conditions.

ÿ hÿ hQ R REASONABLE DOUBT
A doubt as to the guilt of an individual that a reasonable person would have at the conclusion of a trial.
REPLY
A plaintiff’s response to a defendant’s answer containing a counterclaim.
RESPONDENT
(a) The defending party in a proceeding; (b) the party against whom an appeal is taken.
REST
A party rests when he or she has no other evidence to offer.

ÿ hÿ hS SEAL ORDER
A court order mandating that a record be closed from public view.
SEARCH WARRANT
An order issued by a court upon a finding of probable cause directing the search of a particular location for a particular item(s).
SELF-DEFENSE
The protection of one’s property or person against some injury attempted by another. The law of self-defense justifies an act done in reasonable belief of immediate danger.
STATUTE
A formal rule of law enacted by a governmental body.
STATUTE OF LIMITATIONS
The time period in which an action must be commenced. Failure to file the action within the statute of limitations bars the action
.

STAY
A court order that suspends a case or some designated proceedings within it. To "stay" an order or decree means to hold it in abeyance or refrain from enforcing it.
STIPULATION
An agreement by adversaries as to any matter pertaining to the proceedings or trial. Must be assented to by the parties and in writing.
SUBPOENA
A process by which a witness is compelled to appear and give testimony before a court.
SUBPOENA DUCES TECUM
Process by which a person is compelled to produce records or other documents.
SUMMONS
A process issued by a local court directing a person to appear before it at a designated future time in connection with a particular proceeding.
SUPPRESSION HEARING
A pretrial hearing in a criminal matter upon a motion to exclude evidence in which the judge must decide whether or not improper procedures were used to obtain evidence.

T TESTATOR
The maker of a will.
TORT
An injury or wrong against a person.
TRANSCRIPT
The official record of a proceeding.

ÿ hÿ hU V VACATE
To set aside a previous action.
VENUE
The county or geographical area in which a case may be heard.
VOIR DIRE
The examination of jurors or a witness as to their qualifications.

ÿ hÿ hW WARRANT OF EVICTION
Issued when a judgment orders a transfer of possession of property from one party to another. Such a warrant authorizes and orders the sheriff or marshal to remove one party from the premises and to turn over possession to the other party
 

WITNESS
One who testifies as to what they have observed.
WRIT
Order from a court requiring a certain act to be done.

X

YOUTHFUL OFFENDER (Y.O.)
A person who is sentenced for an offense that occurred when the person was 14, 15, 16, 17 or 18 years old.
Z

Frequently Asked Questions Surrogate's Court: Estates, Guardianship, Adoption

Q. What is a "surrogate"?

A. A surrogate is someone who has permission to take care of someone else's business and personal things. The "Surrogate" who decides the cases in Surrogate's Court is the court's judge.
Q. How do I transfer personal property, such as bank account, nursing home account, or automobile that was in the name of a person who died?

A. You will need authority from your county's Surrogate's Court to administer (handle) the person's estate. Talk to the Court Clerk. Procedures depend on whether there was a will and on the size of the estate, among other things. http://www.nycourthelp.gov/diy/smallEstate.htmlYou may also want to contact the Department of Motor Vehicles about how to transfer a next of kin's automobile; there are special rules.

Q. I am the executor of a will. How do I get the will admitted to probate?

A. You should know that in nearly all cases where the deceased left a will, the executor is represented by a lawyer. The original will needs to be filed in court with a probate petition and other papers. Then a variety of procedures come after that. Sometimes it's difficult. If you are going ahead without a lawyer, start by calling the Court Clerk.
Q. How do I find an estate file?

A. Most Surrogate's Court records are public records. Call ahead to the court to learn whether the file exists and give them time to find them.
Q. How do I get a copy of the death certificate?

A. You can buy certified copies of the death certificate through the funeral director. You can also get the death certificate from the vital statistics/death records department in the town or city where the person died. http://nycourthelp.gov/deathcertificate.html

Q. How do I get guardianship (control) over a child and a child's property?

A. The Surrogate's Court Guardianship Department can give forms and help on how to fill them out. You will need to show the child's birth certificate and other information. Then an investigation and other procedures usually happen. You can also ask for guardianship over a child in a Family Court.
Q. How do I get guardianship over a mentally retarded or developmentally disabled person?

A. Surrogate's Court can appoint a parent or other relative the guardian of a mentally retarded or developmentally disabled person through an Article 17-A Guardianship proceeding. Article 17-A provides for legal guardianship of a person even after he or she reaches the age of 18. http://www.nycourthelp.gov/diy/guardianship17A.html

Q. How can I get information about an adoption?

A. Adoption records are not public. You have to get a court order to open them after they are sealed at the time of the adoption. Ask the Adoptions Clerk of the Surrogate's Court (or Family Court, if the adoption was approved there) in the county where you believe the adoption happened.

Please be aware that requesting the unsealing of an adoption record is a kind of case where the advice and other help of a lawyer may be needed for success.



Monday, September 10, 2012

Frequently Asked Questions Paternity

Q. What is a Paternity case?
A.
A Paternity case is a Family Court case that names a child's legal father if the child's parents were not married to each other when the child was born.
Q. What happens once a man is named as the legal father?
A.
The man has the right to ask a court for legal custody or visitation rights to the child. He has to support the child until the child is 21 years old, in most cases. The child may also get social security benefits, veterans benefits, and inheritance rights when these are available.
Q. Who is allowed to start a Paternity case?
A.
The following people are allowed to start a Paternity case:
The child's mother
The man who believes he is the father
The child or child's guardian
The Department of Social Services if the child is receiving public assistance

Q. How do I start a Paternity case? A.
You start a Paternity case by filing a Paternity Petition in Family Court in your local court. The person who starts the case is called the "petitioner." In most cases, the petitioner is one of the parents. The other parent (the one who did not start the case) is called the "respondent" and must come to court when the court papers say. If you are the mother or a man who believes he is the father, you can use the free and easy DIY Form programhttp://www.nycourthelp.gov/diy/paternity.html to ask the Family Court to name the child's legal father.
http://www.nycourts.gov/forms/familycourt/pdfs/5-2.pdf

Q. What happens in court?
A.
The most common thing is that the child's mother and father will tell the judge, referee, or hearing examiner that the man named in the Paternity petition is in fact the child's father - if that is the truth. If that sounds truthful in the courtroom, and there is nothing in the child's birth certificate that shows something different, the judge, referee, or hearing examiner will name the man as the child's legal father in an order called an Order of Filiation.
Q. What else might happen?
A.
The judge, referee, or hearing examiner might order DNA tests on the mother, father, and child for more evidence. DNA is a body chemical that everyone has. By reviewing the DNA information of the people in the case, the court can decide whether the man named in the court papers is actually the child's father.

Q. What happens if the mother was married to another man at the time the child was born?
A.
The mother's husband at the time of the child's birth is the legal father of the child unless the court decides to name a different man based on the evidence. The evidence will usually include court testimony by the mother, by her husband at the time of the child's birth, and by the man who is supposed to be the real father. The evidence will also usually include DNA tests.
Q. Do I need a lawyer for a Paternity case?
A.
Both the petitioner and the respondent have the right to hire their own lawyers. A respondent who cannot afford to hire a lawyer has the right to have a lawyer assigned by the court at no cost.
Q. What is an Acknowledgment of Paternity?
A.
An Acknowledgment of Paternity is a paper, usually filled out at the hospital at the time of a child's birth, where the mother and father say that the man signing the paper is the father of the child. An Acknowledgment of Paternity does the same thing as a court Order of Filiation and will permit a hospital or Department of Health to name the man as the child's father on the birth certificate.


Frequently Asked Questions Child Support

Q. How old does a child have to be before child support ends?

A. In most cases, 21. If a child is under 21 and is either married, self-supporting, or in the military, a parent doesn't have to pay child support.
Q. Is there any other reason why child support might end?

A. A child between 17 and 21 who has left home and refuses to obey parents' reasonable commands can be considered "emancipated" by a court. In that case, child support might not have to be paid.
Q. I am a parent who wants child support. How do I get it?

A. When the parents are not together, and one of them has legal custody of the child, that parent can file a petition in Family Court to ask the other parent to pay child support.
Q. What happens when a child support case goes to court?

A. The parents must give the court their most recent tax returns. They must file pay stubs and tell what they earn and spend. The court will usually ask for proof of the expenses, such as for food, rent, clothing, medical costs, child care, and education. The court will listen to all of the evidence from both parents. It will then decide how much the parent who does not have custody has to pay for child support.
Q. What can I do if I disagree with the support order?

A. You can file an "Objection." An Objection must be filed in court within 30 days of the date the court order was sent to you. The other parent will have a chance to reply to the Objection. The court will then make a decision on the Objection. The court might leave the order as is, or change it, or order more hearings.
Q. And if I still disagree?

A. Either parent has the right to appeal the Objection decision to a higher court. Talk to a clerk in the Family Court if you wish to do this.
Q. My child's other parent won't pay the child support order that I have. What can I do?

A. You may file a "Violation" petition in Family Court. There will be a hearing and the court will decide if there was a violation and what to do next. There are many things the court can do to a parent who doesn't pay a support order. For example:
Order the Support Collection Unit (SCU) to take the payments from the parent's paycheck.
Order a lump sum payment and/or payments over time on the money owed.
Suspend the parent's driver's license and/or professional or business license.
Jail the parent for up to six months for not paying just because the parent doesn't want to.
You can use the free and easy DIY Form Program
http://www.nycourthelp.gov/diy/supportEnforcementViolation.html to make your violation petition.
Q. How do I get a support order changed?

A. You can file a petition to change the order in Family Court. There will be a hearing. To change an order, there must have been a change of circumstances.

You can use the free and easy DIY Form Program
http://www.nycourthelp.gov/diy/supportmodification.html to make your petition to ask the Family Court to change your support order.

Q. I have legal custody and the child's other parent lives in another state. Can I get child support in a New York court?

A. Yes. Talk to a clerk in the Family Court about how to do this.
http://www.nycourts.gov/courthelp/lawyers.html

Q. Can the Family Court assign a free lawyer to help me if I want a lawyer and I cannot afford to hire one?

A. In most cases, the Family Court will not be able to assign a lawyer to you at no cost unless your case is a proceeding against you for violation of a child support order.
What if I want to hire a lawyer in a child support case, but the Family Court will not assign a lawyer and I cannot afford to hire one?

A. The website www.lawhelp.org can tell you about free or low-cost legal services in your area. Most legal service agencies can only provide free help to people who have very low income and very little property. The parent with whom the child lives may also apply for the assistance of a Child Support Services Attorney at their local County Support Collection Unit.
http://www.lawhelp.orghttp://www.lawhelp.org


Domestic Violence - Orders of Protection

Q. Can I get an order of protection against a person I'm not married to in Family Court?
A. Yes. You don't need to be married to the person to get an order of protection against them in Family Court.


Q. Who can I get an order of protection against in Family Court?
A.You can get an order of protection against any of the following individuals in Family Court:


A current or former spouse
Someone you have a child in common with
Another family member that you are related to by blood or marriage
Someone that you are or have been in an "intimate relationship" with. (An intimate relationship does not necessarily mean a sexual relationship, but is more than just a casual or social relationship--the court will decide whether the relationship is intimate based upon the facts about the relationship and how long it has lasted).
 Can I get an order of protection against a person I'm not married to in Criminal Court?

A. Yes. You can get an order of protection in Criminal Court against someone you are not married to and have no relationship with at all. In Criminal Court, you could file a complaint against the person you say abused you. Typically that person would be arrested, and the District Attorney would bring a criminal case against that person. You would be the "complaining witness."
Q. Must I choose whether to ask for an order of protection in Family Court or Criminal Court?
A.
No. You can ask for an order of protection against your abuser in both courts at the same time.
Q. I'm being stalked. Can I get an order of protection?

A. Stalking is a form of Harassment. That is one of the crimes that allows you to get an order of protection. Other crimes include Assault, Attempted Assault, Menacing, Reckless Endangerment, and Disorderly Conduct.
Q. What is a petitioner and what is a respondent?

A. In Family Court, a petitioner is a person asking for an order of protection. (In Family Court, cases filed for an order of protection are called family offense cases.) A respondent is a person a petitioner wants an order of protection against. In a Criminal Court, that person is called a defendant.
Q. Can I have a lawyer?

A. In a Family Court, the petitioner and the respondent each have the right to hire a lawyer. If a petitioner or a respondent can't afford to hire a lawyer, they can ask the court to appoint a lawyer free of charge. In a Criminal Court, the district attorney's office or other prosecutor represents "the people." They help the person who wants an order of protection. The defendant can hire a lawyer or have the court appoint one free of charge if he or she can't afford it.
Q. How do I start a case?

A. Call the police if you feel you are in danger. You can go to your county's Family Court to file a family offense petition, go to the district attorney's office (or other local prosecutor's office), or go to the local Criminal Court. You can choose to do all of these things if you want.
Q. What is an Affidavit of Service in Family Court?

A. An "Affidavit of Service" is a paper that must be filed with the court showing that the respondent has been told about the case. Court staff will help you with important instructions about this document.
Q. What is a Court Attorney in Family Court?

A. A "Court Attorney" is a lawyer who works for a judge.
Q. What kinds of things can be put in my order of protection?

A. Among other things, the judge can order the respondent or defendant:

• not to assault, menace, or harass you or commit crimes of reckless endangerment or disorderly conduct towards you.
• to be removed by the police from where you are living.
• to stay away from you, your residence, your job, and other places you may want.
• not to telephone or e-mail you or write you letters.

The judge can also protect your children in the order of protection. For example, you may ask that any visitation with the children be supervised. In Family Court, the judge can order the respondent to pay temporary support and to give you legal custody of any children you may have with the respondent.
Q. What happens if I miss my court date?

A. If you are a petitioner in Family Court, your case will probably be thrown out and any temporary order of protection you had will be gone on that day. If you are a respondent in Family Court, the case can be done without you there (provided the petitioner gave you notice of the case) and an order of protection can be issued. As a respondent or defendant, a warrant may be issued for your arrest in either a Family Court or a Criminal Court if you don't show up.
Q. What happens if an order of protection is violated?

A. If a respondent or defendant violates (disrespects) an order of protection, the person with the order of protection can call the police, who can arrest the respondent or defendant. The person with the order of protection can file a "violation petition" in Family Court, talk with the district attorney's office (or other local prosecutor's office) or can go to the local Criminal Court. The person with the order of protection can choose to do all three of these things. Upon proof of the violation, the judge can make changes in the order of protection and put the respondent or defendant on probation. The judge can set a jail sentence.
Q. I moved to New York from the state that gave me an order of protection. Is the order of protection good in New York?

A. An order of protection from another state is still good in New York. You can get help on how to register your order of protection in New York from your local Family Court, Criminal Court, or police station.


 
Figeroux & Associates
26 Court Street, Suite 701
Brooklyn, New York 11242
 

Wednesday, September 5, 2012

Immigration Highlights from the Republican and Democratic Party Platforms


Cite as "AILA InfoNet Doc. No. 12090541 (posted Sep. 5, 2012)"

In the past two weeks the Republican and Democratic Parties have released their official 2012 Party Platforms. Here we’ve compiled the major points of each Party’s platform that relate to immigration.

The Republican Party Platform on Immigration
Supports the rule of law and opposes any form of amnesty. 
Top priority is security at borders and ports of entry to prevent drug trafficking, illegal immigration, and terrorism. Calls for completion of the double-layered fencing on the southern border 
Supports “humane procedures to encourage illegal immigrants” to leave the U.S. Supports increased enforcement against overstays.

Opposes the current administration’s 2012 policy of granting deferred action to certain individuals who came to the U.S. as children.

-Supports tougher penalties for ID theft, human trafficking and for those who deal in fraudulent documents.

-Supports long-term detention of those who cannot be deported to their country of nationality. 
-Supports use of the 287(g) cooperation agreements with states and localities. 
Opposes the Obama administration’s “assaults on state governments” on immigration. Opposes the ongoing Department of Justice litigation against state immigration laws. 
Calls for denying federal funding to “sanctuary cities” and to universities that offer in-state tuition rates to illegal immigrants.

-Supports making E-verify mandatory nationwide. Supports state immigration enforcement efforts in the workplace.

-Supports making the SAVE program mandatory. SAVE verifies the lawful presence of applicants for State or federal government entitlements or IRS refunds. 
Calls for English as the nation’s official language.

-Supports granting more visas to holders of advanced degrees in science technology, engineering and math fields.

Willing to consider a guest worker program to meet labor needs.
The Democratic Party Platform on Immigration
-Supports comprehensive immigration reform with the following components: bring undocumented immigrants out of the shadows and require them to get right with the law, learn English, and pay taxes in order to get on a path to earn citizenship; and create a system for allocating visas that meets the nation’s economic needs, keeps families together, and enforces the law.

-Supports the DREAM Act and continuing to provide deferred action to undocumented people who came to the U.S. as children.

Plans to hold employers accountable for whom they hire. 
Prioritizes enforcement against criminals who endanger communities instead of immigrants who do not pose a safety threat.

-Supports family reunification as a priority. Supports the current administration’s streamlining of the process of legal immigration for immediate relatives of U.S. citizens and the enhanced opportunities for English-language learning and immigrant integration.

-Supports continued litigation to oppose state enforcement laws that interfere with federal immigration law.

-Supports inclusion of lesbian, gay bisexual, transgender relationships in the definition of family in immigration policy to protect bi-national families threatened with deportation.

Asserts that the southwest border is more secure than at any time in the past twenty years, unlawful crossings are at a 40-year low, and that the Border Patrol is better staffed than at any time in its history. 

Tuesday, September 4, 2012

NYPD Blocks “Blow the Whistle on Stop-and-Frisk” Contingent from West Indian Day Parade

Monday, the Stop Mass Incarceration Network distributed thousands of bright orange and yellow whistles to parade viewers and marchers heralding a new and more widespread wave of public protest of the NYPD police of stop-and-frisk beginning Thursday, September 13.
 
Their message “No one will be stopped-and-frisked in silence,” was cheered. Thousands of photos were snapped of their banner “Blow the Whistle on Stop-and-Frisk Thursday Sept. 13.”
 
But one group did not like the contingent’s message, and blocked them from entering the parade, then encircling them with hundreds of armed officers. The NYPD, despite the group’s authorization from the West Indian Day Parade Association to participate in the parade, refused the contingent admittance at several times and places along the route. At one point, after they were directed to their place in the march, police pushed the contingent out of the march and onto a side street.
 
Carl Dix, an initiator of the campaign along with Cornel West, said, "The NYPD set out to keep our message--Blow the Whistle on Stop & Frisk--from getting out on Labor Day. A ‘white shirt’ cop told us that he wrote the permits for who gets to march on Eastern Parkway in the West Indian Day Parade. This is what a police state sounds like."
 
The Stop Mass Incarceration Network says, “If it sickens you to know that under Stop-and-Frisk, almost 2000 people, most of them Black or Latino are subjected to harassment, disrespect, brutality and even worse; if you are tired of seeing Muslims and South Asians are targeted; if you hate the way immigrants and LGBT people are treated as less than human by NYPD; if you are someone who knows this will never happen to you but also know it's wrong; Join in BLOWING the WHISTLE on STOP-and-FRISK Thursday September 13. 
 
On September 13, nobody gets Stopped-and-Frisked in silence!”
The Network has announced gathering points where youth are regularly stopped and frisked in 5 boroughs on September 13, and also plans to symbolically “blow the whistle” on 1 Police Plaza at 4:00 pm that day.