A 22-year old black woman became pregnant by her 23-year old boyfriend. At that time, the mother was teaching at a Christian school by day and she was studying at a community college to earn a degree as a medical assistant. Her boyfriend was working for a large retail company…
Articles Posted in New York
Court Decides Custody Arrangement in Light of Domestic Violence Incidents
A man and a woman lived together and had a child who was born on February 17, 1990. They were married five months later on May 7, 1990. They resided at an apartment on Fifth Avenue. During their stay at the apartment, the woman met and cultivated a friendship with…
Plaintiff Sues Police for not Enforcing Order of Protection
On February 13, 1992, a woman pulled up to an area in Nassau County where she saw police officers working a car accident. She got out of her car and screamed for them to help her. She advised them that her husband was in her car with a knife and…
Court Claims Jurisdiction in Domestic Violence Matter through IDV Courts
A man was charged with the offense of harassment in the second degree. Subsequently, the court issued an order of protection directing the man to stay away from the complainant and refrain from harassing, intimidating, threatening her, or committing any acts of domestic violence. After that, a misdemeanor charge of…
Court Determines if Evidence Submitted by Defendant is Inadmissable
A husband moved an action against his wife’s lawsuit to take a statement to be offered in court on his behalf by issuance of a request letter. The wife opposes the application of motion. It started when a wife alleges that she was a victim of domestic violence committed by…
Man with History of Domestic Violence Applies for Gun Permit
A man applied to the license division of the police department for a premises pistol permit. As required by the application, the man answered numerous questions pertaining to his qualification. The questions include as to whether he had ever been arrested and was an order of protection ever issued against…
Court Says Evidence is Protected by Common Law Victim-Counselor Privledge
A woman charged a man with criminal action of various felonies arising from alleged domestic violence. A non-profit corporation has moved to quash a subpoena issued by the District Attorney to provide the address and telephone number of the complainant of the criminal action. The non-profit corporation asserts that in…
Defendant Claims Forum Shopping in Domestic Violence Case
A man and a woman, never been married, have a 12 year old child. There have been 6 petitions previously filed between the parents, all in Rensselaer County Family Court (in 2003, 2004, 2006, 2010 and 2 in 2011). Two were withdrawn, three were settled and one is pending. The…
Domestivc Violence Costs Correction Officer her Job
A woman filed a petition to terminate the decision of the commissioner of the department of correction. The decision is to terminate her employment as a probationary correction officer and directing that she be reinstated with back-pay and benefits. After the trial on the issue, the court finds that the…
Court Discusses Jurisiction on Domestic Violence Cases
Defendant was charged with, inter alia, harassment in the second degree based on numerous harassing and threatening telephone calls he allegedly made to his former paramour, with whom he had two children. On 18 January 2007, a misdemeanor complaint was filed charging the defendant with, inter alia, aggravated harassment in…