New York Criminal Lawyer Blog
Domestic violence is a big problem in the world today. It is an even greater problem when it involves the very police officers who are impressed with the responsibility to protect the citizens from these crimes. In the face of this issue, many states have enacted reporting guidelines that affect police officers in domestic violence situations personally.
A New York Sex Crimes Lawyer said any peace officer who engages in any act of domestic violence will lose their certification as a police officer. It will end their careers. It is because of this that most police officers are very careful to not engage in any act that could be perceived as an act of domestic violence.
In March 1998, a ten-year veteran police officer was admitted to a psychiatric hospital suffering from depression and suicidal ideation. She was out of work for several months and then returned to light-duty. Light duty relieves the officer of the expectation of carrying a weapon. She remained on light duty until September of 2001. After that, she was unable to return to work at all. In 2003, she requested that the police department allow her to retire under full duty disability retirement benefits. She stated that she was permanently disabled due to post-traumatic stress disorder and depression. The judge denied her request. She then filed an appeal requesting a hearing and a redetermination of the essence of her case. A hearing was held and the Hearing Officer upheld the denial of retirement benefits. She filed another appeal.
Her claim is that she has difficulty dealing with friends and coworkers. A New York Sex Crimes Lawyer said she testified that she had engaged in a romantic relationship with another officer and that she had been the victim of domestic violence during that relationship. She stated that when she was expected to handle domestic violence calls, she would suffer from post-traumatic stress disorder to the degree that it made it impossible for her to perform her work responsibilities. She also claimed to be suffering from depression as the result of the death of her nephew. A psychologist who testified in reference to her illness testified on the stand.
The psychologist explained that it was impossible for him to say which came first, the depression or the problems at work. Clearly she is dealing with trouble at work. This can lead to depression. The psychologist just cannot tell if her problems at work were due to her depression affecting her condition and employment; or if her work created the depression. Either way, there is no apparent causal link between her work and her disability. She was diagnosed with major depression to the degree that she is unable to perform her duties as a police officer any longer. A Nassau County Sex Crimes Lawyer said the problem is that the psychiatrists who examined her state that many of her depression issues were caused by external factors around her home life. They felt that there was more of a possibility that her depression was the result of the incidents that were occurring around her home.
The New York State and Local Police and fire Retirement System had her examined by one of their own psychiatrists who relayed the exact same statements. A Queens Sex Crimes Lawyer said that it is impossible to determine if her clinical depression was the result of her problems at work, or the problems in her life as a totality caused the depression. Because the court finds that the woman was not definitively injured at work, she is not eligible for retirement benefits. In order for this woman to have been able to file for retirement, the retirement ruling is based on an accident that had occurred at work or related to work. At Stephen Bilkis & Associates the ability to have a Criminal Lawyer who has convenient offices throughout New York and Metropolitan area. Do not lose your rights after a Domestic Violence arrest. Our NY Family Violence Lawyers can provide you with advice to guide you through difficult situations. Without an New York Domestic Violence Lawyer, you could lose your rights and your freedom.