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Rules of the Chief Administrative Judge


PART 134. Reporting Of Family Offenses By Courts Exercising Criminal Jurisdiction
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134.1 Definition of family offense
134.2 Family offense designation

Section 134.1 Definition of family offense.

For purposes of this Part, a family offense shall mean any offense committed by defendant against:

(a) a person related to defendant by consanguinity or affinity, whether or not such person resides with defendant;

(b) a person to whom defendant was or is married, whether or not such person resides with defendant;

(c) a person with whom defendant has a child in common, whether or not such person was or is married to defendant or resides with defendant; or

(d) a person with whom defendant resides.

Historical Note
Sec. filed Jan. 25, 1988 eff. Jan. 1, 1988.

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Section 134.2 Family offense designation.

(a) An accusatory instrument that charges a defendant in a criminal proceeding with a family offense shall include a designation that an offense charged therein is a family offense and a description of the relationship between defendant and the alleged victim. Such designation and description shall be placed on the upper right hand corner of the accusatory instrument in the following form:

FO
Defendant:
________________________________
(relationship to alleged victim)
Alleged Victim:
________________________________
(relationship to defendant)
 

(b) The designation shall be placed on the accusatory instrument by the criminal justice agency that prepares that instrument, provided that where a accusatory instrument charging a family offense has not been prepared by a criminal justice agency, the court shall place such designation on the accusatory instrument.

(c) Where protection of the identity of an alleged victim of a family offense is required by law or otherwise is deemed appropriate, and where placement of the family offense designation on the accusatory instrument would tend to identify the victim, the criminal justice agency may file instead a separate statement annexed to the accusatory instrument, alerting the court that a family offense is charged therein and describing defendant's relationship to the alleged victim. Such statement shall not be made available to the public.

Historical Note
Sec. filed Jan. 25, 1988 eff. Jan. 1, 1988.

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