New York Criminal Lawyer Blog

A woman commenced an action against her former fiancé seeking damages sustained from physical abuse and violence allegedly committed by her fiancé.

A New York Sex Crimes Lawyer said the woman initiated a suit in the district court while her case was pending in the federal court. Her asserting claims are in accordance to the federal violence against women act. The Supreme Court struck down the violence against women act. As a result, the district court dismissed the woman’s claims under the act however the woman commenced an instant action.

Based on records, the congress passed the violence against women act and created a private reason of action for victims of gender-motivated violence against their opponents. Consequently, the Supreme Court struck down the civil resolution provision of the act, holding that the constitution provided no basis for the provision and deferred the suppression of violent crimes and evidence of its victims to the police power resting in the states. A New York Sex Crimes Lawyer said that three months after the decision, the council introduced the victims of gender motivated violence protection act to fill the void left by the Supreme Court's decision and provided a private right of action for victims of gender-motivated violence against their opponents.

The woman’s complaint asserts reasons of action sounding in common-law intentional torts, fraud, and acts of gender-motivated violence. Consequently, the fiancé brings the motion to dismiss the fourth, fifth and sixth reasons of action in the revised complaint for failure to state the reasons. The woman’s fifth reason of action seeks recovery in accordance to the victims of gender motivated violence protection act. The fiancé contends that the act cannot apply retroactively to the woman’s claims, which accumulated prior to the passing of the local law.
The woman further asserts that the intimacy, psychological dependency and patterns of abuse that existed throughout her relationship with the fiancé were of such a degree to warrant a claim for domestic violence. The domestic cruelty torts refer to torts committed as part of the cruelty, such as assault, battery, and intentional infliction of emotional distress. There is no different tort of domestic violence that is a recognized reason of action. Since the complaint also fails to satisfy the elements of claim, the fourth reason of action is dismissed.

The woman's sixth reason of action, alleging that she was fraudulently induced to undergo an abortion in return for a promise of marriage, is also dismissed. The deceitful promise to marry claim is a disguised contract claim for breach of a promise to marry, which is prohibited under the law. A Nassau County Sex Crimes Lawyer said since the woman’s allegations also fail to satisfy the necessary elements of fraud, the sixth reason is also dismissed.
The court concludes that the lawmaking body intended local law to apply retroactively. It is evident that the City Council's intent was to fill the gap as soon as the lawmaker was decided by restoring the availability of a private remedy for domestic violence victims and that the overriding goal and purpose of local law was to provide a local solution as soon as the federal remedy was not available.

The court determines that the woman’s claims under local law would be contrary to the intent of the lawmaking body, contradict the purpose of the law, and leave the woman in the exact void created by the previous ruling that the law was clearly enacted to fill. Accordingly, the court finds that local law permits retroactive application of the woman’s claims, and the man's motion to dismiss the fifth cause of action is denied. Further, a Queens Sex Crimes Lawyer said it is ordered that the fiancé's motion to dismiss is granted only to the extent that the fourth and fifth reasons of action are dismissed.

It is hard for any woman to commence an action against her partner. However, women do have their limitations and rights. If you are one of the many women who experienced cruelty in the hands of your loved one, be guided by a NY Domestic Violence Lawyer in determining what course of action to consider. If you require assistance with your criminal suit, the New York Criminal Lawyers of Stephen Bilkis & Associates are most competent to assess and handle your case.

He is accused of murdering his estranged wife and her boyfriend, the mother of his child, but was asked to give his opinion on where his 13-year-old daughter should live in the aftermath of the tragedy.
The father killed his estranged wife and her boyfriend a few days before the hearing, Orlando police told Manhattan Domestice Violence Law Firms. When the shooting occurred, the girl was in the shower.
The 13-year-old attended the hearing, but never went into the courtroom but Department of Children and Families representatives described her as “very strong” and “articulate”.
As of this writing, the girl will continue to live with her older sister. When it comes to most child custody hearings, the judge asks the parents or parents how they feel about the new living arrangements when it comes to their children.
In this case, the lawyers for both the state and the father were asked for input and both said the home was “stable’.
During questioning from the judge, the suspect began to cry. At one point, his sobbing was so loud, the judge had to pause the hearing. As he was led from the courtroom, the suspect was still weeping.
The girl has stated that she wants to be a police officer when she grows up.
The suspect was order by a judge to remain imprisoned without bond and to avoid seeing his daughter. An arraignment hearing has been set for April 28th.
Whether guilty or innocent, no matter what the crime, everyone has the right to proper defense. Some actions may seem indefensible, but there are still matters that can be considered, no matter how open and shut the case seems. Proper defense is always important, which means nothing less than a top Nassau County Domestic Violence Law Firm.
A criminal trial turns the life of not only the accused upside down, but the lives of friends and family, as well. When the trial is swift, and the defense has a good attorney, it serves the interests of everyone involved.

Continue reading "Man Accused of Domestic Violence Killing Estranged Wife Speaks at Child Custody Hearing in Orlando" »

A Texas woman is in jail after a bizarre incident which happened in late January. The woman claimed that after her two children helped her with some housecleaning, she decided to reward them (her children are 8 and 9 years old) with a ride on the car; a dangerous ride sitting on the trunk of her car, which the woman claimed her son had been begging for repeatedly for weeks. This case could have legal ramifications far outside of the state of Texas, said a New York Criminal Lawyer.

Responding to the woman’s claims that ride was intended as a reward, one officer involved in the case said, "Those may have been her intentions, but they were bad intentions. It's just dangerous. Having a child riding on a vehicle, it's like playing with a loaded gun. You just don't know what is going to happen.”

The judge seemed to agree with the officer’s sentiment, handing down charges from the bench of two counts of injury to a child- which the law says is a felony in Nassau and Suffolk counties in the third degree.

Compounding the problem, injuries to one of the children seem to suggest that they not only fell off the car, but were also possibly run over as well- a finding which has lead Child Protective Services to open an investigation as well. According to a well known NY Criminal Lawyer, the outcome of the CPS investigation could have a significant impact on the outcome of the criminal trial.

Continue reading "Woman Could Face Jail Time" »

Mikey Graham, of Boyzone fame, confronted a man being a nuisance at his home, and allegedly hit him so hard that other man was left with swelling in the brain.
The 22-year-old victim was “extremely lucky” doctors told him. Worse injuries could have easily been sustained in the incident that left him with “very intense” trauma.
Graham, according to his closest friends, said he was going to be leaving his home in Spain to return to Ireland to see what was needed from him in conjunction with the fallout from the altercation that took place at Graham’s €1m mansion 'Avalon,’ located at Courtlough, Balrothery, north Co Dublin. Even though this happened at the singer's home it is not considered domestic violence.
Beaumont Hospital doctors treated the victim’s head injury for six days in intensive care.
A New York Criminal Lawyer uncovered some of the details of the victim’s injury: "Before he was released late on Friday afternoon, [the 22-year-old] was told by medical staff at the St Luke's unit of Beaumount Hospital that he had suffered from a general swelling of the brain. He was told that he was extremely lucky not to have been left needing an operation or intensive physiotherapy."
The attacked man was still shaken and pale when he sat up and talked with doctors at the end of last week. His mother and other family members were at his bedside, and they have been charged by doctors to keep a close eye on their loved one while he recovers in the weeks ahead. Doctors suspect that he will need treatment for his brain injury in the future. He returned to his home in north Dublin to recover.
While the victim was being treated, the music star went to his home in Nerja, Spain, a fishing village on the seashore about 50km from Malaga, on the eastern tip of Malaga's Costa del Sol, supposedly for business purposes.
New York Criminal Law Offices uncovered some of the specifics of the incident: “The Boyzone singer apparently responded to incessant ringing of his front gate buzzer; he left his home via the back door of the property carrying a cricket bat. When he reached the front gate, he crouched behind a wall. When the intercom went off again, the singer swung the bat, injuring the 22-year-old.” One of the star’s friends said, “He (Graham) says he was absolutely terrified. He was frightened for his own safety and for that of his family. He just wanted to protect his home. He thought they (the men) could have been armed and felt he had to take action to protect his family.” The singer’s wife and daughter were in the house at the time of the incident. This kind of incident is common in Manhattan as well as Nassau County.
It is unclear if this incident is related to an earlier incident that occurred at the Man O’ War tavern.

Continue reading "Boyzone Singer Hits Possible Intruder and Causes a Brain Injury" »