Recently in Domestic Violence Category

July 25, 2013

Domestic Violence Prevention, Death, and Law Enforcement

New York City has stepped up Domestic Violence Enforcement, according to a recent article in the New York Times.

The basic premise behind most Domestic Violence laws is to protect victims, obviously, but also to stop minor problems from becoming big problems because pushing and shoving turns to more serious conduct over time.

While some parties and lawyers view Domestic Violence restraining orders as a tactic to gain an advantage at the beginning of a case, such orders may serve a cooling off period that prevents the parties from escalating to more serious behavior out of frustration. As a tactic, however, such orders frequently serve to cause more anger that interferes with the ability to settle cases.

Increasing police involvement to head off bigger problems, as a precaution, may prevent serious injuries and deaths. In the case described in the article, the female kept allowing the male to return, despite police visits - it appears she lied to them the next to the last time police officers went to investigate whether the boyfriend was coming back. The last time was to investigate the females stabbing by him, and her death, a week later.

February 15, 2013

Don't Discuss Your Divorce Case with Your Children.....

For decades, my staff and I have told our clients not to talk to their children about their divorce or their spouse - let them figure it out for themselves. Clients and lawyers don't always act sensibly, however.

From a colleague, I received the following transcript of a judge's ruling/speech obviously made in anger, but right on point. These words should probably be yelled at every litigant in every contested case [not that they would heed the warning]:

2 The court has previously ordered both parties

3 to keep their children out of this case. And apparently

4 you don't know or understand what I mean by that.

5 Can you tell them you're going to court on

6 this case? No.

7 Can you tell them what motions have been

8 filed? No.

9 Can you tell them you're fighting over

10 support? No.

11 Can you tell them what job he's looking or not

12 looking for? No.

13 Can you tell them anything about this case?

14 No.

15 Can you hand your children support checks to

16 hand to him? No.

17 Can you complain about her and what she's

18 doing in this case? No.

19 Can you discuss this case in any way, shape or

20 form or fashion with the children? No.

21 Can you discuss this case with an adult friend

22 with the children in earshot? No.

23 Can you leave your documents out where they

24 can read them? No.

25 Can you keep them in your desk so they can

1 open your desk and find them? No.

2 You may not bring these children into this

3 case under any circumstances, except when you two are in

4 the room together, and you both say, "Your father and

5 I," or "Your mother and I agree that this is what you

6 should know."

7 Do you understand that your children are not

8 to be involved in this case, in this divorce, in this

9 property dispute, in this domestic violence dispute, in

10 any hearings in any form whatsoever?

11 Do you both understand that?

He didn't add comments like "I don't have money to buy you Christmas presents because your father spent it all on that drunken w____, instead of paying support." And, yes, we've heard such stories.

December 3, 2012

Violence Between Intimate or Domestic Partners.

A recent Justice Department report has concluded that Domestic Violence has declined substantially from 1993 to 2010. While violence in general has been down, the rate of decline in violence between intimate partners was substantially greater.

The report did not support any theory for the substantial reduction.