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Order of Protection Fails, Woman Shot

restrainingorder-150x150Carmen Valdez obtained an order of protection from her boyfriend, Felix Perez. She was assured by police officers that Felix would be arrested if he threatened her in violation of the order of protection, issued by the Bronx Criminal Court. Thereafter, Mr. Perez shot Carmen Valdez. Bullets pierced her face and her arm. Felix Perez killed himself with the same gun. Carmen Valdez sued the City of New York for failure to arrest Felix Perez and protect her pursuant the order of protection.

City of New York Not Liable to Carmen Valdez

The New York State Court of Appeals (New York’s highest court) in a 5-2 decision in the matter of Valez v. The City of New York, found that New York City would not be liable for damages to Carmen Valdez for her gunshot wounds. Even though she was assured by a police officer that her ex-boyfriend would be arrested when he threatened her, the City of New York still could not be held liable. The Court found that Ms. Valdez did not establish or create a “special relationship” between her and New York City based on the promise of a police officer to arrest her boyfriend when he threatened her on the phone. The court stated in its decision Carmen did not have “a justifiable reliance” on the City’s affirmative undertaking of the promise of the police officer to keep her safe. Even though Ms. Valdez, in compliance with her order of protection, reported to a police officer that her boyfriend threatened to kill her “the officer’s statement did not create a special relationship that would create liability upon the City of New York.” So much for the protection offered by an order of protection issued by a Criminal Court!

New York Divorce and Family Court Attorneys

The Law Offices of Schlissel DeCorpo have been protecting women involved in domestic violence situation, by obtaining orders of protection for them in both the Criminal Courts and Family Courts for more than 30 years. We also represent men and women in issues concerning child abuse, child neglect, divorce related issues, child custody issues, mother’s rights and father’s rights issues as well as drafting pre nuptial and post nuptial agreements. Feel free to call for a free consultation.

Divorce and College Tuition Expenses for Children (Part 1)

college.bmpThere are many issues that come up in divorces. Who gets custody, child support, visitation (parenting schedules), equitable distribution of property and the payment of debts from the marriage. These issues can cause divorces to be contentious. Litigants in divorce cases spend large sums of money fighting to protect their rights concerning these problems.

College Expenses

If the parties to a marriage have children, how is the issue of college expenses dealt with? To start with, most litigants in a divorce will tell their attorney that their children are young and they don’t want to deal with the college expense issue now, that they’d prefer to wait until a later time. In those situations, the attorney should ask his clients how much they have saved up for college so far. The answer to that question is often either zero or a very small amount.

During settlement discussions on divorce issues, the parties often get together at one of the attorney’s offices and have a four party meeting. At this meeting, both spouses and their respective attorneys face each other across a conference room table and discuss, in a mature, intelligent, reasonable manner the issues involved in their divorce.

The purpose of these discussions is to try to work out an amicable settlement without the need for expensive litigation. When the issue of college tuition comes up, both of the spouses sometimes say they agree that we should pay for the college expenses for their children. Often the Attorney will inform them of something along the lines of: “well, your children are eight and ten, as of this point. You have saved very little towards their college expenses. Even though you seek to pay for your childrens’ college expenses, and this is admirable, since you haven’t saved money up until this point, it is unlikely that you will be able to save enough money to pay for the tuition in the future”

Divorce and Family Court Lawyers

I have been representing men and women concerning issues involving divorce, divorce grounds and family law problems for more than 33 years. I have been involved in hundreds of cases dealing with issues concerning orders of protection, child custody, child abuse, child neglect, division of marital property and regarding negotiation and separation agreements. My law office protects mothers’ rights and fathers’ rights in divorce and family court situations. Should you have questions or seek a free consultation, call me at 1-800-344-6431, 516-561-6645 or 718-350-2802.

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