Section 823. Rules of court for preliminary procedure  


Latest version.
  • (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.