A 30-year old man filed an illegal lockout proceeding after his wife locked him out of their apartment. A family court granted an order of protection directing the husband to stay away from his wife and their three minor children who reside with the wife. The husband was also directed…
Articles Posted in Domestic Violence
New York has created a system designed to streamline the problems
New York has created a system designed to streamline the problems that arise in prosecuting domestic violence cases in the court system. Historically, cases of domestic violence are often heard in several courts at the same time because of the very nature of the offenses. This is especially true if…
New York Court Finds Order of Protection Doesn’t Apply Where Parties Don’t Live Together
On August 7, 2009, the Family Court of Kings County New York received a petition for an order of protection. The Order seeks to prevent the live in boyfriend of the mother of the subject’s children from having contact with him. The petition arises from a situation where the live…
Petitioners File a Late Notice of Claim with New York Appellate Court
It was a fateful day of April 18, 2007 when a mother, her companion, and a home health care worker were murdered by her own twenty-year-old son criminal who committed suicide after he accomplished the bloody murders that involved his own mother and companions. The petitioner is the victim’s seven-month-old…
New York Appellate Court Rules There is No Incident That Requires Wife’s Protection from the Court
Domestic violence is much harder to accept because the perpetrator is a family member. There are many undocumented domestic violence cases because not only do victims get traumatized, they are also afraid of the outcome of the case, which usually means the breakdown of a family unit. This is a…
Court Decides Neglect Case Filed Against Father
On January 19, 2005 a King’s County man filed a petition with the Kings County Family Court seeking custody of the two children that he believes to be his that were born to a woman with whom he has lived for a number of years including the years that she…
New York Appellate Court Discusses Jurisdiction Related to an Order of Protection
On Feb 7, 1997, a Rochester man appeared before the Supreme Court Appellate Division, Fourth Department to request that an order of protection against him that had been granted to his step daughter be revoked. The order had been granted by Family Court in that the step daughter testified that…
New York Appellate Court Rules on Manslaughter Case
In 1978, a young woman moved in to a trailer home with her boyfriend off of North Shore Road in the little New York town of Cuba. They had a fairly normal life together according to her statements until July or August of 1981. In 1979, she had been unfaithful…
New York Courts Decide Family Matter in Light of Domestic Violence Allegations
On January 15, 1993 a man and a woman were married in a civil ceremony in Albania. Several years ago, they moved to Brooklyn, New York. In 2005, the parents and their five children went to visit their family in Albania. The wife is a stay at home mother who…
Father Opposes Termination of Parental Rights in Light of Assault Allegations
On September 28, 2010, the Family Court of Monroe County, New York heard a petition to grant two small children to be declared permanently neglected by their father. The father opposed the termination of his parental rights. The court addressed the issues. In 2008, the children were removed from the…