Domestic violence cases are not stationary crimes. Frequently, one party will flee to a different state, when that happens it is important that the court orders that are in effect follow them. Prior to 1994, that was not the case. The federal government stepped in and issued the Violence Against…
Articles Posted in New York
Court Discusses Battered Woman Syndrome
Domestic violence laws have changed to become more responsive to the needs of battered victims even when their behavior seems to be erratic. A New York Sex Crimes Lawyer said that victims of domestic violence do not respond in predictable ways, they do have certain patterns of behavior that are…
Woman Attacks Husband in Domestic Violence Incident
The family court released a decision upon a fact-finding reason that a mother neglected her three children and now released two of the children to the custody of their father with 12 months of supervision by the Administration for Children’s Services (ACS). A New York Criminal Lawyer said the mother…
Court Rules on Custody Dispute
Custody issues are never pleasant; however, they are often complicated by differing parenting styles and volatile relationships between the parents. A New York Criminal Lawyer said the court is responsible for determining what if anything will improve the child’s emotional and physical development. In some cases, these decisions are complicated…
Court Rules on Legality of Wiretapping in Domestic Violence Case
In domestic violence cases, the court is often called upon to review actions that people have taken in contradiction to the law. In New York, the wiretapping laws are clear. If one of the two people involved in the conversation on a telephone line is aware of the taping, then…
Defendant Charged with Gun Possession
On March 11, 2007, two police officers were on motor patrol in an area known for gang activity. At around 11:30 pm, a man walked in front of the police officers’ unmarked car. The man was walking slowly, impeding the smooth flow of traffic on the street. A New York…
Court Hears Battered Parent Defense
A New York Criminal Lawyer says that domestic violence comes in all shapes and sizes. Fifty years ago, domestic violence cases were not recognized. In many cases the victims of domestic violence were ignored. It was a dirty family secret that few people talked about. The victims were ignored. It…
Court Decides if Attorney Charged with Domestic Violence Should be Sanctioned
In August 2005, New Jersey, respondent engaged in a physical altercation with his wife that took place in March of that year. Respondent pleaded guilty to the crime of simple assault, for which he was sentenced to one year of probation. As a result of that conviction, respondent (who is…
Court Decides if Medical Records are Hearsay in Domestic Violence Case
The police received a 911 call from a woman who claimed to being beaten up by her husband. The police arrived at the scene within one minute of the 911 call and found that a husband was yelling and berating his wife. The man was standing over his wife who…
Court Determines if Probable Cause was Present for a Stop and Search
At around 9pm on September 26, 1985, a police officer was on radio motor patrol. As he was driving around the area of the corner of 204th Street and 113th Avenue, the police officer observed two men standing at that corner and one of them handed to the other a…