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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.

Joint Custody Modified, Father Given Temporary Custody of Both Children

father-150x150Justice Connelly, sitting in the Supreme Court of Westchester County, modified a joint custody order and gave the father sole temporary custody of both of his children. The parties had entered into a stipulation of settlement wherein each of them would have joint custody. The children would reside with the mother and the father would have regular parenting time with the children.

Prior to a judgment of divorce being entered, the children were removed from the mother’s residence. There was an incident which alleged that she was using physical force against the older child. Criminal charges were pending against the mother.

The children were temporarily placed in the father’s custody during the pendency of the criminal allegations against the mother. The mother asked the court to award her sole physical and legal custody of the parties youngest child and joint custody of the parties other child. The mother argued that this was in conformity with the recommendation of a court appointed forensic evaluator. Judge Connelly rejected the forensic evaluator’s suggestions. He found that splitting the children up could cause more potential trauma and harm. The court refused to transfer the temporary custody of the younger child to the mother. She awarded the father, based on the children’s best interest, temporary custody of both children.

Fathers’ Rights Lawyers

We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custodyvisitationchild support, spousal maintenance (alimony) and equitable distribution of property. We also represent fathers with regard to proceedings in family court. We litigate issues involving paternity, downward modifications of child supportrelocation problemsparental alienation cases and issues involving parental alienation syndrome. We also negotiate separation agreements for our clients. Feel free to call us for a free consultation.

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