Domestic Violence

Published on: August 5, 2013

The issue in this case is whether the court erred in imposing that defendant should attend a domestic violence counseling program

by Stephen Bilkis

A Kings Domestic Violence Lawyer said that in this criminal case, defendant, accused of assaulting his wife, moves to vacate as unreasonable the condition of bail imposed by the court that he attend a domestic violence counseling program.

The issue in this case is whether the court erred in imposing that defendant should attend a domestic violence counseling program as a condition for the grant of his petition for bail.

The court in deciding the case said that, in 1996, the Brooklyn Domestic Violence Court began as a pilot part to insure a more active and sensitive response to family sex violence by the judicial system. The need was great. As the New York Legislature found: “more women are hurt from being beaten than are injured in auto accidents, muggings and rapes combined” (1994 Sessions Laws, Ch. 222, Sect. 1), and case law is ripe with examples from every state of domestic violence that has escalated to murder. With this in view, the Domestic Violence Parts of Brooklyn Supreme Court have consistently directed that bailed or paroled defendants attend domestic violence counseling programs as a condition of bail.

Published on: July 25, 2013

The defendant opposes the calling of the expert

by Stephen Bilkis

The complainant and the criminal defendant dated periodically for a period of time encompassing the past 13 years. The instant charge stems from August 25, 2003, when the defendant is alleged to have picked up the complainant, thrown her over a couch, pushed her to the ground, and stomped on her groin, thereby causing her to allegedly suffer bruised ribs and a fractured coccyx.

In support of their application the complainant’s allegations of physical and psychological abuse by the defendant over a prolonged period of time was detailed. Included are litanies of alleged violent acts directed at her by the defendant, from 1991 to 2003. The alleged violence included threatening to kill the complainant on numerous occasions, repeatedly beating her, urinating on her, various acts of forcible sex, and constant berating of her. Although these acts occurred over a period of 13 years, except for brief sporadic periods of separateness, the complainant did not leave the defendant nor immediately seek protection from the police. Drug possession was not an issue.

The complainant’s counsel are prepared to proceed to trial, and in so doing, argue that expert testimony would aid the jury in the understanding of the complainant’s delay in reporting the August 25th incident. Further, they specifically emphasized that their expert would be called to give an opinion in support of their contention that the complainant suffers from battered woman syndrome. The complainant’s claim that the expert’s testimony will explain why the defendant abused the complainant woman in front of another prior victim of his sex abuse and that the expert’s testimony is necessary to explain why the complainant waited nearly three months to report the incident. They contend that the expert’s testimony is relevant to explain the psychological effects of the defendant’s abuse toward the complainant and her perplexing behavior patterns, in essence, her continuous contact with the defendant.

Published on: February 21, 2013

Court Decides Domestic Violence Charges

by Stephen Bilkis

First Case:

On or about 8 July 2008, a Family Court in Bronx County found that respondent mother permanently neglected her children. The judgment was appealed and the court now affirms said order, without costs.

Here, a New York Criminal Lawyer said the court finds that the neglect findings are supported by clear and convincing evidence that petitioner made diligent efforts to assist a meaningful relationship between respondent mother and her children and that, despite these efforts, respondent mother failed to plan for the children’s future. Petitioner’s efforts included providing numerous referrals to programs tailored to respondent mother’s changing needs and consistently following up with respondent mother on such critical goals as completing a mental health evaluation and domestic violence counseling. Petitioner’s focus on the issues of health and domestic violence was the most appropriate course of action. However, respondent mother still refused to complete these critical components of the service plan. The respondent mother’s her argument that petitioner failed to assist her with such other service plan goals as obtaining suitable housing and a source of income is belied by the records of the case. Evidence was presented that petitioner indeed made referrals in these areas and monitored respondent mother’s changing housing and employment circumstances. It was respondent mother’s own lack of meaningful cooperation with petitioner that hindered her accomplishment of these goals.

Published on: February 18, 2013

Police Officer Hurt in Domestic Violence Call

by Stephen Bilkis

First Case:

Sometime in March 1998, petitioner who is a police officer since 1989 was suffering from depression and suicidal ideation and was admitted to a psychiatric hospital. A New York Criminal Lawyer said the petitioner was out of work for several months after which time she returned to light-duty work that did not involve her carrying a weapon. She remained on light duty until September 2001, when she stopped working altogether. In 2003, she applied for performance of duty disability retirement benefits, claiming to be permanently disabled due to posttraumatic stress disorder and depression. The application was initially denied and petitioner requested a hearing and redetermination. Following hearings, the Hearing Officer upheld the denial, finding, among other things, that petitioner had failed to establish that she was incapacitated from the performance of duty as the result of a disability sustained in service. Respondent made supplemental findings of fact, but otherwise adopted the Hearing Officer’s findings. Thus, a CPLR Article 78 Proceeding ensued to review the determination of respondent which denied petitioner’s application for performance of duty disability retirement benefits.

The court finds that the denial was proper and affirms the respondent’s determination. Under the Retirement and Social Security Law, in order to be entitled to performance of duty disability retirement benefits, an applicant must establish that he or she is physically or mentally incapacitated for performance of duty as the natural and proximate result of a disability sustained in such service.

Published on: December 27, 2012

Chris Brown Restraining Order Easement

by Stephen Bilkis

An obsrver is not overwhelmed or even shocked that Chris Brown has had his sentence lightened after such a short period of time. Chris Brown is a famous R&B singer who at 21 years old has been sentenced to five years of probation, a one year domestic violence course, and community service.

Chris Brown was originally sentenced after pleading guilty to assaulting Rhianna, his ex-girlfriend, prior to the 2009 Grammy Awards. Even with the modified sentence, Brown is prevented from harassing or annoying Rhianna, but can speak to her if necessary. Rhianna’s lawyer stated that she was fine with the modified order. It has not yet been determined whether Chris Brown has completed the domestic violence course or the community service; however he is still on probation for the remainder of the five year sentence. The public is not outraged, but also not looking forward to the fallout if Brown and Rhianna get back together. Most fans feel that both artists are better off apart.

The question has been raised by fans of why Brown did not receive jail time or at least a harsher punishment, but sources show that Rhianna, her lawyer, and Brown’s lawyer came to an agreement for the lesser punishment. Rhianna did not push the issue of trial, maybe for fear of losing or Brown receiving no punishment, which may have happened had he had a good advisor. Public comments also reflect the thought that though Chris Brown is allowed to contact Rhianna, which he simply wanted the extended freedom to be able to attend awards shows. Fans and the public in general feel this break up, whether enforced by the law or not will enhance the careers of both artists for the better.

Published on: July 22, 2012

Court Discusses Jury Selection

by Stephen Bilkis

When a person is charged with a felony crime, their case is sent to a Grand Jury in most states before the indictment is confirmed and sent to trial. The Grand Jury is a group of jurors who review the circumstances surrounding a case and determine with the guidance of the prosecutor from the District Attorney’s office if the elements of the crime have been met to proceed with a prosecution. At each stage of a criminal trial, there are requirements that must be met in order for the state to prosecute a person for the commission of a crime.

A New York Criminal Lawyer said these steps are important to protect the rights of every citizen in the United States. While it may seem to some that criminals are provided with too many rights and the ability to escape justice based on mistakes that are made by the prosecution team, it is important to remember that these safeguards are in place to enable a defense team to protect an innocent person from being incarcerated for a crime that they did not commit. At any stage of a criminal prosecution, the defendant is considered innocent until proven guilty. The job of the defense attorney is to protect the rights of all citizens by ensuring that the prosecution is not allowed to circumvent the safeguards that the legislature has placed in effect. Toward this end, many times defense attorneys notice improprieties in legal process that could have long reaching effects on all people.

One case of this type was heard in New York on March 17, 1975. In this case, the defense team noticed that the statutory requirements that were on the law books were not being followed by the Kings County New York court system. The process for the selection of grand jurors was detailed in the Judiciary Law § 609. The statute requires that the county clerk of each county must make an investigation of persons who are qualified to serve as trial jurors. The clerk will then require that the jurors provide legible fingerprints of both hands in order to ensure that they have not been convicted of any felony and certain misdemeanor charges in the state of New York. In this statute, the wording of the statute itself refers to the juror pool as applicants for the Grand Jury.

Published on: July 10, 2012

Court Decides Parole for SOMTA Qualifying Offense

by Stephen Bilkis

Respondent Mustafa Rashid pleaded guilty to two counts of first-degree robbery, and single counts of first-degree burglar, first-degree rape, and first-degree sodomy. This plea satisfied charges arising from two separate criminal incident the robbery of a gas station attendant and a home invasion, for which Rashid was arrested and indicted separately in 1988. He was sentenced to an indeterminate term of imprisonment of 8 to 16 years, running from his arrest.

A New York Criminal Lawyer said that, Rashid was released to parole supervision in July 1999, after serving 11 years and eight months of his sentence. But he was again arrested and indicted separately for three robberies. Thereafter, he pleaded guilty to two counts of third-degree robbery, for each of which he was sentenced to an indeterminate term of 2 to 4 years, and one count of criminal possession of a weapon in the fourth degree, for which he was sentenced to prison for one year. The indictment satisfied by Rashid’s plea to the weapon-possession count also accused him of sexual abuse. These sentences ran concurrently to each other but consecutively to the undischarged portion of the indeterminate sentence imposed on Rashid in 1992. He was subsequently released to parole supervision.

A New York Criminal Lawyer said that, Rashid was returned to prison for violating the conditions of his parole. He was released to parole supervision again in April 2007, but went back to prison after violating the conditions of his parole in August of that year. Rashid was next released to parole supervision in early 2008. He was arrested for the misdemeanor crimes of petit larceny, and criminal possession of stolen property in the fifth degree on May 6, 2008. Upon pleading guilty to petit larceny, Rashid received a definite sentence, which he served at Rikers Island, a local correctional facility. Rashid remained subject to the supervision of the State Division of Parole throughout his time at Rikers Island, but his parole was not revoked, apparently because his jail sentence ended days before his parole expiration date: Rashid was freed from Rikers Island, and his parole supervision ended, when he reached the maximum term (20 years) of his consecutive indeterminate sentences.

Published on: April 26, 2012

Husand Moves to Violate Order for Protection

by Stephen Bilkis

A couple co-owned two separate apartments in one building in Manhattan. A larger apartment was their family home and the smaller apartment was the office of the wife. A New York Criminal Lawyer said the couple was having marital problems and the wife moved out of their larger apartment and she had been living in the smaller apartment.

In May 1987, the husband slammed the wife into a wall and she injured her elbow. In October 1987, the husband knocked his wife to the floor and caused her to break her ankle. He forced her to walk on her broken ankle and threw books at her. On June 24, 1988, the husband punched the wife in the mouth and knocked one of her teeth out because she locked herself in the larger apartment and would not let the husband in.

The wife finally filed a complaint for domestic violence against her husband. She also filed a complaint for assault plus harassment. During the arraignment the district attorney asked for a temporary order of protection be issued effective until July 17, 1988. No argument was heard and there were no testimonies presented by the wife or the husband. The arraigning judge issued the temporary order of protection. The husband was released on his own recognizance.

Published on: April 25, 2012

Court Discusses Subject Matter Jurisdiction

by Stephen Bilkis

Defendants in three cases challenge the rules promulgated by the Chief Judge and Chief Administrative Judge that created either the Bronx Criminal Division or Integrated Domestic Violence Part in Supreme Court, which resulted in the transfer of their misdemeanor prosecutions from local criminal courts to Supreme Court for trial. A New York Criminal Lawyer said that although they did not object to the transfer procedure in the trial court, they argued on appeal that Supreme Court lacked subject matter jurisdiction over their trials and that the rules violate the New York Constitution and the Criminal Procedure Law.

The first case:

In January 2007, defendant was charged by misdemeanor information filed in New York City Criminal Court, Kings County, with multiple counts of aggravated harassment in the second degree after he contacted his former paramour by telephone 62 times in one evening and repeatedly threatened her with physical harm. Defendant and the complainant had been involved in multiple prior Family Court cases regarding disputes about their two children. After his arraignment in New York City Criminal Court, the case was transferred to the IDV Part in Kings County Supreme Court where a nonjury trial was conducted. Defendant was convicted of three counts of attempted aggravated harassment in the second degree and sentenced to concurrent terms of one year’s probation. He was also directed to participate in a variety of domestic violence accountability and other programs.

Published on: April 25, 2012

Court Looks at Possible Fraud in Domestic Violence Case

by Stephen Bilkis

A woman commenced an action against her former fiancé seeking damages sustained from physical abuse and violence allegedly committed by her fiancé.

A New York Sex Crimes Lawyer said the woman initiated a suit in the district court while her case was pending in the federal court. Her asserting claims are in accordance to the federal violence against women act. The Supreme Court struck down the violence against women act. As a result, the district court dismissed the woman’s claims under the act however the woman commenced an instant action.

Based on records, the congress passed the violence against women act and created a private reason of action for victims of gender-motivated violence against their opponents. Consequently, the Supreme Court struck down the civil resolution provision of the act, holding that the constitution provided no basis for the provision and deferred the suppression of violent crimes and evidence of its victims to the police power resting in the states. A New York Sex Crimes Lawyer said that three months after the decision, the council introduced the victims of gender motivated violence protection act to fill the void left by the Supreme Court’s decision and provided a private right of action for victims of gender-motivated violence against their opponents.