In February of 2007, a man returned to New York State to re-unite with his ex-girlfriend and the mother of his little girl. They had parted the summer of 2006 following a domestic violence situation. The court had issued an order of protection to keep this man away from his family. They agreed to have joint custody of their little girl.
When he moved back to New York, he moved in back in with his ex-girlfriend, the mother of his little girl. But it did not take long before the police were back out at their apartment. Three months after that, the little girl was back in emergency foster care following a horrific episode of domestic violence that occurred in the child’s presence. The neighbor in the apartment next door to theirs heard a fight, and a child screaming for help. In fact, the mother testified later at trial that the man had strangled her during an argument. She stated that her daughter had been behind the man crying and screaming for him to stop hurting her mommy. The man was arrested again, the woman was also arrested. There had been some houseguests in their home when the argument occurred and they started to fight. When the police came, they located a shoebox containing marijuana and other drug paraphernalia. The drugs were located in an area that would have been easily accessible for the small child. Both parents were charged based on the element of neglect involved in having harmful substances within her reach.
The little girl’s grandmother on her father’s side soon requested that the child be placed with her. Her application was denied, and she appealed the decision. While she was awaiting the appeal, the child’s mother had pled guilty to the neglect and had managed to get the child back.
Specifically at issue in this case is whether or not the father knew that the friends in the apartment had drugs. He admitted that he knew that they had drugs, but he had told the friends to leave their drugs in their car. His allegation that he thought that they had left their drugs in their car, was not believable to the judge in this case. The paternal grandmother’s application to be the child’s temporary foster mother is not relevant since the child has been reunited with her mother.
That only leaves the fathers charges. He is charged with neglect as it relates to strangling the child’s mother in front of her. He readily admits to this charge. As far as whether or not he was in violation of the order of protection, the answer is clear. He was at the apartment in violation of the stay away order. Basically, the court finds that the father’s contentions that he did not know that his friends had brought their drugs in to the house is not believable.
The father contends that the order of protection is not important because on its own, it would not be sufficient to establish neglect. The court agrees that on its own, it was not sufficient; however, when combined with the domestic violence in the child’s presence, the presence of drugs at the child’s level, all of these things together add up to a marked lack of parental judgment. All of the orders are affirmed.
Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we provide New York Order of Protection Attorneys, New York Domestic Violence Lawyers, New York Assault Attorneys, and New York Criminal lawyers. New York Family Lawyers will stand by you and ensure that your rights are protected. New York Personal Injury Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are rightfully awarded compensation for your suffering.
Stephen Bilkis & Associates with its Domestic Violence Lawyers has convenient offices throughout the New York Metropolitan area including Corona, New York. Our Personal Injury Attorneys can provide you with advice to guide you through difficult situations. Without a Domestic Violence Lawyer you could lose precious compensation to help with your medical bills and the trauma to you and your loved ones following such a frightening experience. This is true even if the Attorney for the assailant has not adequately made their case. In addition to Personal Injury Law, Stephen Bilkis and Associates can recommend Criminal Lawyers who will protect your rights if you are ever arrested.