A New York family offense order of protection is a legal directive issued by the Family Court to safeguard individuals from abuse or harassment by a family member or someone with a close relationship. It is available in cases involving allegations of domestic violence or family offenses such as assault,…
Disputes between family members can escalate to the point of requiring legal intervention. In Nicholas A. v. Lillian A, the Family Court addressed allegations of harassment and menacing between siblings sharing a residence. Background Facts The petitioner, the brother, had previously obtained an order of protection against his sister from…
Domestic violence cases commonly involve violence between intimate partners, with one partner assaulting the other. While one victim is always the person who has been directly physically abused, other victims can include any children who witness the abuse. In the case of In re Jayline J., 156 A.D.3d 701, 64 N.Y.S.3d…
In New York, the Administration for Children’s Services (ACS) plays a crucial role in safeguarding children who are victims of abuse or neglect by their parents or caregivers. ACS is tasked with investigating reports of child maltreatment and ensuring the safety and well-being of vulnerable children. When allegations of abuse…
James v Tammy involves one parent petitioning the court for a change in the child custody arrangement due to a change in circumstances. In New York, a change of circumstances, as a prerequisite for custody modification, necessitates a substantial and material shift affecting the child’s well-being. Courts scrutinize alterations in…
In New York, Family Court can only adjudicate matters that involve people in “familial” relationships. Generally, familial relationships are blood relationships, marriage relationships, and intimate relationships. Note that an intimate relationship does not have to be a sexual relationship. However, it does need to be more than a casual friendship.…
In Wissink v. Wissink, there was conclusive evidence that the father physically abused the mother. However, there was also conclusive evidence that the father never physically abused the daughter and that the daughter wanted to live with him. The issue that the Appellate Division considered was the impact of a…
In New York, a family court proceeding, pursuant to Article 8, allows a petitioner, the opportunity to civilly address an action that would otherwise be a crime. A family court proceeding under Article 8 is entirely different from a criminal prosecution for the same types of allegations, or even the exact…
As people gathered into the courtroom at Placerville, CA, there was an anxious anticipation that the convicted sex offender and his wife would plead guilty to the June 1991 kidnapping of an 11-year old girl. The kidnapping that had occurred on a South Lake Tahoe street as the girl was…
A 40 year old woman has been accused of dousing her boyfriend with nail polish remover in an argument and lighting him on fire, according to reports by a New York Family Lawyer. The woman’s 10 year old son and the couple’s small daughter were reportedly present in the house…