In July 1996, after a prior order of protection expired, plaintiff obtained a second order of protection against her former boyfriend in Bronx Criminal Court. She delivered the order to the Domestic Violence Unit at her local police precinct and asked that it be served on her former boyfriend. At…
Articles Posted in Criminal Procedure
Court Decide Child Neglect Case
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…
Court Rules Divorce Case Claiming Domestic Violence
The parties herein were married in a religious ceremony on 1 June 2008, in Aventura, Dade County, Florida. There is one (1) child of this marriage who was born in August 2009. The husband commenced the instant action for divorce in Kings County, New York and for custody of the…
Court Discusses Violation of Order of Protection
On 22 February 1997, the defendant, after a parental visit, brought his children directly to his then wife (now former wife) in contravention to a court order of protection (hereinafter COOP). Thereafter, a verbal and physical confrontation occurred between the defendant and his wife. The COOP provided that the defendant…
Court Rules on Domestic Violence
A wife and her husband filed their individual action for the child custody of their twin son. The twins were in the Dominican Republic and it is undisputed that the father obtained a default order of custody there in 2002. A New York Criminal Lawyer said a review of the…
Does the State’s failure to increase the compensation rates for assigned counsel violates the constitutional and statutory right to meaningful and effective representation
A Lawyers’ Association filed for a rate increase to the State for their in and out of court work. The issue is whether the State’s failure to increase the compensation rates for assigned counsel violates the constitutional and statutory right to meaningful and effective representation. A New York Criminal Lawyer…
Court Decides Jurisdiction Issue in Domestic Violence Case
The parties met through the Internet in 2003, when the mother was studying veterinary medicine and the father was a teacher studying for a Master of Education degree. The parties married on 5 June 2004, in Kentucky. Six months later, the mother became pregnant, but continued her veterinary studies and…
Court Decides if Removal of a Child is Necessary in a Domestic Violence Case
Three different women were physically abused by their intimate partners or husbands. These three different women all had children who were then living with them at the time that the domestic violence against the women occurred. These three different women all asked the help of the police and the family…
Defendant Charged with Robbery Claims They Did not have a Weapon
Vincent Knowles was charged with one count of robbery in the first degree. He admitted in the hearing before the court that he did steal money, a wallet, jewelry and subway tokens from a Henry Laylock. He also testified that he placed his hand in his pocket, which looked like…
Defendant Contends They Did Not Carry a Weapon During Robbery
On the afternoon of May 22, 2008, John Grant walked in Staten Island Bank. He went to the teller in one of the stations and gave a note that said, “I have a gun, Fill the bag. Don’t say anything or I’ll shoot.” A New York Criminal Lawyer said the…