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Articles Posted in Domestic Violence

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Husband and Wife Both Seek Custody of Children

A woman and his partner both filed for child custody petition in Court. The woman was born and raised in Florida where she lived with her mother and father until her parents divorced. She continued to live with her father until she was 22 and got her own apartment. The…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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Interesting Case Shows the Evolution of Divorce Law

It is amazing just how much domestic law and divorce law has changed over the past 50 years. Prior to 1967, a married couple who wanted to get divorced could only obtain a divorce on the grounds of adultery. If neither spouse committed adultery, the courts of the state would…

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