On June 29, 2006, a man was involved in a domestic dispute with his wife. His wife told the New York Police Officers that during this dispute, her husband punched and kicked her and that she punched and kicked him. Pursuant to New York Law, the officers discovered that the…
Articles Posted in Criminal Procedure
Court Decides Jurisdiction Issue Where Domestic Violence Incident Occured Out of State
Often, questions of law arise in family violence situations that are unique because they are involving a domestic situation that is volatile and fluid in nature. Families are rarely stationary. The question of jurisdiction and venue become relevant when a family primarily resides in one state, but encounters a violent…
Defendant Tries to Manipulate Court System to Intimidate Wife
Domestic violence issues are complicated. For many years, it was easier for the American judicial system to simply not deal with it. The political climate has changed and with it, the domestic violence laws have changed. We now understand that domestic violence is about control. Sometimes, an abuser cannot accept…
Court Decides Jurisdiction in Domestic Violence Case
The discretion of Family Court in New York to handle incidents that have occurred in other states or even other countries has led to many courtroom discussions. The Family Court laws in New York are clear in that they do not limit jurisdiction to events that simply occur in New…
When Should the Law Intervene In Domestic Violence Cases?
Few people realize that they can be charged with child abuse or child neglect if they have a fight with someone in front of the child. A New York Criminal Lawyer said that most states currently have statutes that allow parents to be charged with child abuse or neglect if…
Court Hears Tragic Domestic Violence Case
Sometimes, the stories that create law are so horrendous that they speak directly to our hearts. It is at that time that you realize how important the law is. It is also when you realize how important another person’s job can be to the lives of others. In many cases,…
Court Rules on Domestic Violence and Child Neglect Charges
In domestic violence cases, the law states that if an incident of domestic violence occurs in the presence of a child, that the involved parties are charged with the offense of cruelty to children, child neglect, or child abuse. Sometimes, the victim is inadvertently charged with child neglect. In the…
Domestic Violence Escalates into Murder Charges
Domestic violence is a popular topic these days. Better and stronger domestic violence laws have gone in to effect. The truth about domestic violence is that it is cyclical. It follows a regular cycle that begins with a honeymoon phase where everything is wonderful. The abuser is loving and attentive.…
Family Court and Criminal Court have Concurrent Jurisdiction over Domestic Violence Charges
Whenever an incident of domestic violence occurs, the courts and law enforcement officers are required to file reports and take other actions without discretion. One of the prescribed actions that is required of officers is that they must make an arrest if the domestic violence occurred in the presence of…
Domestic Violence Cases are Difficult for Everyone Involved
Domestic Violence situations are difficult for everyone who is involved in handling them. Family dynamics can be extremely volatile. When domestic violence occurs, there are many people involved. Family Violence Laws encompass past or current spouses; children or step-children, parents and children, foster parents and foster children, siblings, and anyone…