The accused defendant is charged with assaulting his former girlfriend in the presence of their three children. The trial testimony established that during the assault, the victim attempted to call 911 for police assistance (using a land-line telephone) and she made a very brief initial contact, but was then immediately…
Recently, a good deal of attention has been given to the legalization or decriminalization of marijuana. Some states have legalized medicinal marijuana use. Some states have decriminalized the private use or possession of less than one ounce. In New York City, it is still illegal to use, possess, or purchase…
Plaintiff (husband) and defendant (wife) were married on 17 July 1997. The parties have two (2) infant children. The above entitled divorce action was filed by plaintiff on 30 June 2005. Both plaintiff and defendant blame each other for their failed marriage. Both plaintiff and defendant each allege that the…
On June 29, 2006, a man was involved in a domestic dispute with his wife. His wife told the New York Police Officers that during this dispute, her husband punched and kicked her and that she punched and kicked him. Pursuant to New York Law, the officers discovered that the…
Often, questions of law arise in family violence situations that are unique because they are involving a domestic situation that is volatile and fluid in nature. Families are rarely stationary. The question of jurisdiction and venue become relevant when a family primarily resides in one state, but encounters a violent…
Domestic violence issues are complicated. For many years, it was easier for the American judicial system to simply not deal with it. The political climate has changed and with it, the domestic violence laws have changed. We now understand that domestic violence is about control. Sometimes, an abuser cannot accept…
Sometimes, the stories that create law are so horrendous that they speak directly to our hearts. It is at that time that you realize how important the law is. It is also when you realize how important another person’s job can be to the lives of others. In many cases,…
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…
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.…
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…