In domestic violence cases, the law states that if an incident of domestic violence occurs in the presence of a child, that the involved parties are charged with the offense of cruelty to children, child neglect, or child abuse. Sometimes, the victim is inadvertently charged with child neglect. In the…
Articles Posted in New York
Domestic Violence Escalates into Murder Charges
Domestic violence is a popular topic these days. Better and stronger domestic violence laws have gone in to effect. The truth about domestic violence is that it is cyclical. It follows a regular cycle that begins with a honeymoon phase where everything is wonderful. The abuser is loving and attentive.…
Family Court and Criminal Court have Concurrent Jurisdiction over Domestic Violence Charges
Whenever an incident of domestic violence occurs, the courts and law enforcement officers are required to file reports and take other actions without discretion. One of the prescribed actions that is required of officers is that they must make an arrest if the domestic violence occurred in the presence of…
Domestic Violence Cases are Difficult for Everyone Involved
Domestic Violence situations are difficult for everyone who is involved in handling them. Family dynamics can be extremely volatile. When domestic violence occurs, there are many people involved. Family Violence Laws encompass past or current spouses; children or step-children, parents and children, foster parents and foster children, siblings, and anyone…
Domestic Violence Cases are Difficult, Particularly Where Children are Involved
In July 1996, after a prior order of protection expired, plaintiff obtained a second order of protection against her former boyfriend in Bronx Criminal Court. She delivered the order to the Domestic Violence Unit at her local police precinct and asked that it be served on her former boyfriend. At…
Court Decide Child Neglect Case
In domestic violence cases, the law states that if an incident of domestic violence occurs in the presence of a child, that the involved parties are charged with the offense of cruelty to children, child neglect, or child abuse. Sometimes, the victim is inadvertently charged with child neglect. In the…
Court Rules on Domestic Violence
A wife and her husband filed their individual action for the child custody of their twin son. The twins were in the Dominican Republic and it is undisputed that the father obtained a default order of custody there in 2002. A New York Criminal Lawyer said a review of the…
Court Decides Jurisdiction Issue in Domestic Violence Case
The parties met through the Internet in 2003, when the mother was studying veterinary medicine and the father was a teacher studying for a Master of Education degree. The parties married on 5 June 2004, in Kentucky. Six months later, the mother became pregnant, but continued her veterinary studies and…
Court Decides if Removal of a Child is Necessary in a Domestic Violence Case
Three different women were physically abused by their intimate partners or husbands. These three different women all had children who were then living with them at the time that the domestic violence against the women occurred. These three different women all asked the help of the police and the family…
Court Rules on Extending Order For Protection
Sex crimes according involves a lot of complications on how you can offer utmost protection to the victims. Victims of such kinds of crimes can be truly traumatized and even find themselves restless and threatened all the time. In this sex crime case of Wesley Foster, the amendment is asked…