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.

Though it is typically touted as a way to relax at a party or calm your nerves after a long day at work, alcohol consumption actually precedes a variety of violent crimes that happen in our society, alleges a New York Criminal Lawyer. Every day people who have short or erratic tempers and emotional issues walk the tightrope when they consume alcohol, and often when they drink they can be easily pushed over the edge, starting unwarranted arguments resulting in violence and often times, injury.

According to studies, alcohol is often a factor in the behavior of people who resort to fighting, assault, rape and spousal abuse. For example, an intoxicated Indiana man was arrested in a Wal-Mart parking lot for beating his wife, who was eight months pregnant at the time. Police reports said that it took several officers to restrain the man and keep him from beating her further. The woman reported that her husband had become angry with her after she had insisted they leave the casino that he had been gambling, and drinking at.

Reports suggest that alcohol not only lowers one’s inhibitions, but it also lowers ones emotional tolerance level, expressed the NY Criminal Lawyer. In other words, it takes much less drama or dissent to make an inebriated person angry and likely to respond harshly. If you or someone you love has an alcohol problem that often leads to anger, violence or rude behavior, get help now. Studies in Queens, New York beat these findings out.

Continue reading "Violent crimes often begin with too much to drink" »

The death of a six-month-old baby girl is described by police as “very violent.” The Ngaruawahia infant died from a traumatic brain injury (TBI), and probably at the hands of another.
The child was admitted to the pediatric intensive care unit (PICU) after suffering what police are calling “non-accidental injuries.” She died at Starship Hospital last Thursday after her life support was turned off.
A New York Criminal Attorney contacted a Senior Detective working the case who said the post mortem report showed that the injuries the child received were gruesome. "I would stress at this stage that the post mortem results are only provisional, but they give us some idea as to what sort of injuries she suffered during what was obviously a very violent death."
During her short life, the baby girl had been living with her 21-year-old mother, the mother’s 17-year-old brother, and the mother’s 21-year-old fiancé. Police interviewed the two men right after the baby was taken to the hospital.
A New York Criminal Lawyer reports that no arrests had been made, but Police are still investigating her death and waiting on final test and lab results.
The Senior Detective also said that the investigation was, so far, progressing well, but that they unfortunately still needed more information to conclusively figure out how the child died. "An innocent, 6-month-old baby is dead. She has died at the hands of another, and it is everyone's responsibility to ensure that someone is held accountable for her death."
According to the Center for Disease Control and Prevention (CDC), more than 11% of all TBIs are caused by attacks from others.
Even though the human brain can amazingly heal itself by creating new neurological pathways to accomplish lost tasks, some injuries are just too severe for the brain to heal. Such is the case with this child. Immediate care is needed, and when it is prevented, irreversible harm occurs.
TBI is the leading cause of death and disability in children and adults 1-year-old to 44-years-old, and it can occur when blunt force trauma is applied to the head or when something aggressively punctures the skull. It can and does occur in Manhattan and Queens.

Continue reading "No Arrests yet in “Very Violent” Baby Death" »

An obsrver is not overwhelmed or even shocked that Chris Brown has had his sentence lightened after such a short period of time. Chris Brown is a famous R&B singer who at 21 years old has been sentenced to five years of probation, a one year domestic violence course, and community service.

Chris Brown was originally sentenced after pleading guilty to assaulting Rhianna, his ex-girlfriend, prior to the 2009 Grammy Awards. Even with the modified sentence, Brown is prevented from harassing or annoying Rhianna, but can speak to her if necessary. Rhianna’s lawyer stated that she was fine with the modified order. It has not yet been determined whether Chris Brown has completed the domestic violence course or the community service; however he is still on probation for the remainder of the five year sentence. The public is not outraged, but also not looking forward to the fallout if Brown and Rhianna get back together. Most fans feel that both artists are better off apart.

The question has been raised by fans of why Brown did not receive jail time or at least a harsher punishment, but sources show that Rhianna, her lawyer, and Brown’s lawyer came to an agreement for the lesser punishment. Rhianna did not push the issue of trial, maybe for fear of losing or Brown receiving no punishment, which may have happened had he had a good advisor. Public comments also reflect the thought that though Chris Brown is allowed to contact Rhianna, which he simply wanted the extended freedom to be able to attend awards shows. Fans and the public in general feel this break up, whether enforced by the law or not will enhance the careers of both artists for the better.

Whether Brown wishes to contact Rhianna or not, he now has the freedom to attend public events at the same time as her without fear of being in violation of a restraining order. So whether Brown’s goal is to boost the number of public appearances or to apologize to Rhianna in person does not really matter as he is allowed to do either without fear, explained a source. The only provision of the modified judgment is that Brown, if speaking to Rhianna, does so in a respectful manner. Brown may not harass or annoy Rhianna in any way, which should be common sense, but had to be placed in judicial writing. The same rules would apply in Brooklyn and Queens.

Though Chris Brown was not punished as severely as he could have been, his chances to remain completely free may have been enhanced by using a better advisor. If taken to court Brown’s lawyer may have been able to get probation without community service or domestic violence classes.

Continue reading "Chris Brown Restraining Order Easement" »