Domestic violence and physical assault can result to a lot of other inconveniences other than the fact that your life is already endangered. Domestic violence for instance doesn’t just stay inside the house. It goes out to the neighbours and even to the victim’s relatives who live far way. This…
The United States Constitution is the highest law in the land. All other laws are derived from its provisions and are based on it. What happens though when a law is challenged as being against the Constitution? Can a law actually be challenged as being against the Constitution? On December…
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…
On January 17, 2003, a man was found guilty by the County Court of Chenango County of murdering his wife. His motion to have this decision vacated, or set aside, was rejected without a hearing. Let’s review the facts of the case. According to reports, a car accident occurred at…
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…
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…
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…
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…
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…
On November 19, 2010, the Supreme Court, Appellate Division, Fourth Department, New York heard the case of the People v. James D. C, Defendant-Appellant regarding a sex crime. The defendant wanted an order that determined him to be a Level 3 risk appealed. He says that the court made a…