This criminal case involved the violent assault of the plaintiff by an intruder into her apartment, the intruder having made a duplicate key to the apartment after being furnished the original key by the landlord for the purpose of repairs being made in the apartment. A New York Family Lawyer…
On March 4, 2009, the respondents (mother and her sons) filed three separate family offense petitions seeking the entry of orders of protection in favor of them and against appellant, respondent’s mother, and her sons’ grandmother. A New York Family Lawyer said that, the alleged family offenses included, inter alia,…
A New York Family Lawyer said when defendant was arraigned in this court on August 25, 1998, on a single count of aggravated harassment in the second degree, two separate non-family offense orders of protection were issued pursuant to CPL 530.13. Both were full stay-away orders protecting four named individuals.…
This matter has had a convoluted history and presents a legislative “glitch.” A New York Family Lawyer said that during a contested divorce proceeding, the Family Court issued, inter alia, a temporary order of protection dated April 26, 2001. At the time the order was issued, both parties appeared before…
In this assault case, the complainant and the defendant dated periodically for a period of time encompassing the past 13 years. A New York Family Lawyer said the instant charge stems when the defendant is alleged to have picked up the complainant, thrown her over a couch, pushed her to…
This case presents the Court with a repetitive issue confronting domestic violence parts in the courts. The complaining witness/victim, of domestic violence now wishes to recant their testimony. The recantations are the product of many imperatives, not all of which serve the interests of the victim or justice. A New…
In this federal class action, the United States Court of Appeals for the Second Circuit has certified three questions centered on New York’s statutory scheme for child protective proceedings. The action was brought on behalf of mothers and their children who were separated because the mother had suffered domestic violence,…
The order appealed from is unanimously reversed on the law without costs, the petition is granted and the matter is remitted to Family Court for further proceedings in accordance with the Memorandum that Family Court erred in determining that the petitioner mother failed to prove by a preponderance of the…
The Defendant is charged by Prosecutor’s Information with violating Penal Law §240.25, Harassment in the first degree as a Class B Misdemeanor. The allegations involve the Defendant allegedly threatening his wife, by saying, in different occasions, the phrases “I’m going to slit your fucking throat,” and “You ever talk about…
On November 8, 2010, ACS (Administration for Children’s Services) filed petitions against a mother alleging that her six children were neglected children pursuant to Family Court Act. At that time, the youngest child was a new-born and the oldest child, was 16 years old. A New York Family Lawyer said…