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…
Articles Posted in Sex Crimes
Court Decides Jurisdiction in Sex Crimes Case
Court cases are rarely tried strictly on the facts of the case. In almost every case that comes to trial, the issues that cause a mistrial or cause a conviction usually come down to points of legality. Because trials are investigations into the application of statute upon a set of…
Court Hears Divorce Case Based on Serious Domestic Violence Allegations
The parties were both born in Albania. Plaintiff first moved to the United States on 14 December 1989, after receiving a green card through the American Embassy in Belgrade, Yugoslavia. He became a United States citizen in 1997. Plaintiff lived and worked in the United States continuously from late 1989…
Court Discusses Integrated Domestic Violence Division
In January 2004, the Chief Judge of a State promulgated the establishment of Integrated Domestic Violence (IDV) parts in Supreme Court. The rule directed that the specialized part be devoted to hearing and determination, in a single forum, of cases that are simultaneously pending in the courts if one of…
Defendant Contends he is Eligible for Judicial Diversion Program
A man was arrested during the execution of a search warrant in his reported residence. The search warrant was based in part upon an undercover police officer’s sworn allegations that on 13 separate occasions the man, while acting in concert with co-accused sold cocaine and heroin. A New York Criminal…
Defendant as a Defense to Domestic Violence Charges
Three children were rescued by the ACS and the NYPD from their home. The two boys were aged 6 and 8 and the girl was aged 7. They were siblings. At the time that they were taken into custody, the children were all unbathed. Their hair was matted. The clothes…
Domestic Violence Defendant Contends use of Medical Records Inadmissable as Evidence
A woman had a boyfriend since she was 14 years old until she reached the age of 20. They broke up and went their separate ways living separate lives. Years later, the boyfriend and the woman met up again. The boyfriend did not have a place to live. So for…
Court Rules on Divorce Case Based on Domestic Violence
The parties were married in August 1973. The wife is presently 52 years of age and the husband is presently 56 years of age. On the date of their marriage, plaintiff was 22 years of age and a college graduate. Defendant was then 18 years of age and a high…
Convicted Felon Passes Bar and Wants to Practice in NY
What defines good moral character? How long after a youthful infraction, has good moral character been restored? Is it ever possible to know? What types of jobs are appropriate for someone who committed a felony, served their prison sentence, and completed college? How long does the smear of a felony…
Court Prohibits Sex Offender From Seeing Wife as a Condition of Release
In 1999, petitioner was arrested for rape in the first degree and thereafter convicted, upon his plea of guilty, of sexual abuse in the first degree. The victim, who was his girlfriend at the time and is a petitioner in this proceeding, later married petitioner while he was serving a…