An Order of Protection is an order granted by a court which protects one individual from another. Individuals who are threatened or who have been abused or assaulted can request an Order of Protection in New York. If an Order of Protection is granted, it can require the alleged abuser to: stay away from the home or other location of the … [Read more...]
Removal Of Children From Homes by Child Protective Services
Child Protective Services (CPS) investigates abuse and neglect complaints against parents. If they have reasonable belief children have either been neglected or abused mentally or physically, they may seek to have the children removed from the family's home. Family Court Proceeding Abuse and neglect proceedings are brought in the Family Court in … [Read more...]
Domestic Violence in New York
Domestic violence refers to both physical abuse and mental abuse. It most often occurs when two people are involved in a social or personal relationship and/or are living together. In the State of New York, when domestic violence arises, Orders of Protection can be obtained either from the Criminal Courts or the Family Courts. Domestic Violence … [Read more...]
Obtaining An Order Of Protection
Orders of Protection exist to help individuals who are victims of domestic violence to protect themselves. Orders of Protection can be granted by a Criminal Court judge, a Family Court judge, or if there is a divorce matter pending, by a Supreme Court judge. Obtaining An Order of Protection To obtain an Order of Protection you must bring an … [Read more...]
Judge Allows Egregious Fault Inquiry in Equitable Distribution Case
Justice Palmieri in the Supreme Court located in Nassau County, New York, has rendered an unusual decision in a divorce case. Divorce Law in New York does not make fault a factor in equitable distribution of assets unless there is "egregious marital fault." In this case, the wife's husband of ten years had been convicted of sexually molesting her … [Read more...]
Divorce and College Tuition Expenses for Children (Part 2)
State University of New York (SUNY) At this point in the discussion (refer to yesterday's post for "Part 1" of this article), the attorney for one of the parties usually suggests the parents' exposure for payment of college expenses should be limited to a "SUNY CAP". The SUNY CAP is defined as either the cost of sending the children to one of … [Read more...]
Divorce and College Tuition Expenses for Children (Part 1)
There 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 … [Read more...]
Divorce Rates For Women In the Military
Divorce rates for women in the military is double the divorce rate for men in the military. Approximately 8% of the women in the Armed Services of the United States obtained a divorce in 2010. Only 3% of the men in the military were divorced in that year. Dr. Benjamin Carney, a psychology professor at UCLA, conducted a study of divorce rates … [Read more...]
Halle Berry’s Custody Issues
Halle Berry was married to Gabriel Aubry. They have a daughter named Nahia. Halle Berry is an oscar winning actress. She has been engaged in a custody fight over her two year old daughter Nahia. Halle has dropped out of a broadway play due to custody issues. She had been scheduled to make her broadway debut in September. The play was called the … [Read more...]
Taping the Phone Calls of Suspects in Abuse Cases
New York City jails tape all phone calls made by prisoners, with the exception of calls to doctors and lawyers. Prosecutors have been using these tapes against these prisoners. More than 8,200 calls were taped last year in New York City jails. The largest number of taped phone calls were used in domestic violence cases. Domestic Violence Men … [Read more...]
