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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.

Order of Protection Fails to Protect Woman

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Santia Williams was murdered. The person responsible killed himself. The order of protection she had against her killer, her ex – boyfriend and her child’s father, did not work!

Santia Williams lived in Bayshore, Long Island. She had a child with Jason Jenkins. She was involved in litigation with him as to when he could visit their child. On July 12, 2011, he brought a shotgun into their apartment. He shot Santia Williams. She died of the wound. After killing his child’s mother, he turned the shot gun on himself. He died instantly.

Order of Protection From Suffolk County Family Court

When Santia’s relationship with Jason started to fade, arguments ensued. She was not giving him the visitation with his child that he demanded. Santia went to court and obtained an order of protection from the Suffolk County Family Court. Jenkins violated the order of protection when he rushed into Santia’s home and shot her. Sometimes orders of protection are just pieces of paper. They won’t stand up to bullets!

New York Divorce Lawyer

The Law Offices of Schlissel DeCorpo have been handling divorces in the Metropolitan New York area for over thirty three years. We litigate all aspects of divorce related proceedings in the Supreme Court and Family Court. These proceedings involve divorce groundsno fault divorcechild custodymothers’ rightsfathers’ rightschild supportdownward modification of child supportspousal maintenance (alimony) and domestic violence issues. In addition, we negotiate separation agreementsprenuptial agreementsand post-nuptial agreements for our clients. We litigate equitable distribution issues involving doctor, dentist and lawyer licenses. Call us for a free consultation.

Hiring the Right Divorce Lawyer

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Divorces are very personal legal proceedings. You need a divorce lawyer who you have faith in, who is reliable and who you can trust. How do you decide that you have the right lawyer to represent you? Here are some suggestions:

1) Is your attorney familiar with the local court practices and procedures? Things are handled differently in different jurisdictions. The courts in New York City and Long Island differ on how they handle some aspects of matrimonial and family law issues. Is your attorney aware of these practices?

2) How do you feel about your lawyer? You should trust your instincts when you hire a lawyer. Are you comfortable with him or her? Is he or she dealing with your issues in a manner that makes you feel secure?

3) Does your attorney return your calls. Litigating divorce and family court issues can be aggravating and nerve racking. When you call your attorney, does he or she return your calls within 24 hours? Are your lawyers paying attention to your case?

Is Your Attorney Compassionate?

The law and the courts are cold. You may not always obtain the result you desire. Your lawyer should have compassion for your personal circumstances. You should be treated as a person with personal problems, not as a case file!

Professionalism and Interaction with Courts and other Attorneys

Your attorney should act in a professional, competent manner. He or she should do his or her best to deal with judges and opposing counsel. Sometimes antagonistic and difficult situations arise and your attorney must be very aggressive. Aggressive litigating may be necessary to get your point across. There are other times your attorney should be taking a negotiating posture to try and obtain the best possible result for you.

New York and Long Island Fathers’ Rights Lawyers

We represent fathers! We have been doing this for more than thirty years. We litigate all aspects of divorce, including child custody, visitation, child 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 support, relocation problems, parental 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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