On December 2, 2010, a Tioga County New York man appealed two orders of the Family court to adjudicate his child to be recognized as a neglected child. These orders stemmed from two prior occasions when this man committed acts of domestic violence on his wife. These acts of domestic violence were performed in the presence of the man’s child. It is enough in New York that acts of domestic violence in the presence of a child for the child to be ruled neglected. However, it was brought to the attention of the court that this child qualified for documentation as a neglected child derivatively based on a host of other qualifiers.
To begin, it was found that the man had other children that had been in his home before who were found to be neglected based on this man’s proclivity towards domestic violence. He has also in the past been found to have sexually abused the children of a former live-in girlfriend. On top of everything else, this man had an extensive criminal history for domestic violence incidents involving his ex-girlfriends.
On appeal of these orders, this man stated that the Family Court should not be allowed to bring up any prior determinations against him at this proceeding. The Court disagreed and stated that the termination of his parental rights as to two of his biological children were important to show the pattern of his conduct in determining the safety of the children at question.
The court ruled that under a preponderance of evidence that there is proof submitted on behalf of the court that this child be considered neglected by this parent. The man’s additional contentions have been considered and found to have no merit. In many cases, it is difficult for a person to understand that incidents that occur within hearing of a child constitute neglect. A parent who threatens to kill the other parent is in effect neglecting the mental wellbeing of the child. Any act of outright domestic violence, hitting, slapping, pinching, verbal abuse, all constitute a criminal act. If they are done in front of a child then it constitutes neglect.
If you find yourself in a position that may be considered domestic violence or child neglect based on an incident of domestic violence, contact Steven Bilkis and Associates. At Steven Bilkis and Associates there are attorneys who are available to assist you, no matter what your case. Steven Bilkis and associates are qualified to handle any domestic violence needs.
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.