Lawyers Manual - Unified Court System

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234 Emily Ruben Conclusion There are no simple answers to the question of how best to represent married victims of domestic violence. This article has touched on only a few of the many factors that should be taken into consideration in trying to answer that question. These decisions cannot be made in a vacuum. It is extremely important that an attorney representing such a client fully explain to her the possible ramifications of different strategies and carefully listen to her concerns and the specific facts of her situation.
Notes Matrimonial Actions 235 1. Domestic Relations Law § 236(b); § 240. 2. Domestic Relations Law § 240(3); § 252. 3. Domestic Relations Law § 170. 4. Domestic Relations Law § 170(1). 5. Care should be taken when alleging that the abuse occurred in the presence of minor children. While such an allegation strengthens the cause of action and will be a consideration in a custody dispute, it could also prompt the judge to instigate a child welfare investigation that could end in a finding of neglect based on her failure to protect her children within the meaning of child protection laws. However, as will be discussed in more detail later in this article, Supreme Court justices are far less likely than Family Court judges to instigate such an investigation. 6. Meier v Meier, 156 AD2d 348 (2d Dept 1989), appeal dismissed, 75 NY2d 946 (1990). 7. Brady v Brady, 64 NY2d 339 (1985). 8. Domestic Relations Law § 170(2). 9. Figueroa v Figueroa, 66 Misc 2d 257 (Sup Ct, Queens County, 1971). 10. See also Maryon v Maryon, 60 AD2d 623 (2d Dept 1977) (“In an undefended matrimonial action there is no requirement that the plaintiff must negate any defense which might possibly have been raised by the defendant”). 11. Jeffrey v Jeffrey, 172 AD2d 719 (2d Dept 1991). 12. Ahmed v Ahmed, 180 Misc 2d 394 (Sup Ct, Nassau County, 1999); Roofeh v Roofeh, 138 Misc 2d 889 (Sup Ct, Nassau County, 1988). 13. Arlyn T. v Harold T., 107 Misc 2d 672 (Fam Ct, NY County, 1981). 14. Ahmed, 180 Misc 2d 394; Roofeh, 138 Misc 2d 889. 15. Peters v Peters, 100 AD2d 900 (2d Dept 1984). 16. Family Court Act § 842. 17. Family Court Act §§ 841 and 842. 18. Domestic Relations Law § 234.
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Lawyer’s Manual on Domestic Viole
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Victim Who Needs Child Support i La
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Summary of Contents Part I: Introdu
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Table of Contents Summary of Conten
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Contents vii 7. Moving On: UCCJEA,
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Contents ix Hearsay Exceptions: Exc
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Contents xi 20. Helping Immigrant V
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ALEXIS MCNAUGHTON KNOX 1983 - 2006
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The Evolution of the Justice System
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Evolution of the Justice System’s
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Evolution of the Justice System’s
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Notes Evolution of the Justice Syst
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10 Dorchen A. Leidholdt For all of
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12 Dorchen A. Leidholdt Center, Sak
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14 Dorchen A. Leidholdt can take ma
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16 Dorchen A. Leidholdt In the cour
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18 Dorchen A. Leidholdt Legal Issue
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20 Dorchen A. Leidholdt eye-witness
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22 Dorchen A. Leidholdt questions i
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24 Dorchen A. Leidholdt the help sh
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As a lawyer you may find yourself h
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Danger and Safety 29 however, is no
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Appendix Safety Planning Checklist
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Safety Planning Checklist continued
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Notes Danger and Safety 35 1. Jacqu
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Victim Who Needs Child Support 39 4
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Litigating Family Offense Proceedin
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Notes Litigating Family Offense Pro
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Custody disputes occur frequently i
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Litigating Custody and Visitation 6
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Primary Caretaker Litigating Custod
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The Law Regarding Child Welfare and
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Representing Domestic Violence Vict
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Respondent Mothers Representing Dom
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This article is a practical guide f
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Moving On: UCCJEA, The Hague Conven
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Notes Moving On: UCCJEA, The Hague
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The Uniform Child Custody Jurisdict
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UCCJEA and Domestic Violence: A Cas
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Safety Issues UCCJEA and Domestic V
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UCCJEA and Domestic Violence: A Cas
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Notes UCCJEA and Domestic Violence:
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The Hague Convention on the Civil A
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Civil Aspects of International Chil
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Civil Aspects of International Chil
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Conclusion Civil Aspects of Interna
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Domestic Violence and Money 10 Repr
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Victim Who Needs Child Support 141
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Address Confidentiality Victim Who
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Negotiating an Agreement When an Ag
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Counsel and Expert Fees Victim Who
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Notes Victim Who Needs Child Suppor
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Part IV Criminal Justice
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172 Lisa Fischel-Wolovick of an ord
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174 Lisa Fischel-Wolovick Primary A
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176 Lisa Fischel-Wolovick called th
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178 Lisa Fischel-Wolovick Notes 1.
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Intimate Partner Sexual Violence 12
Page 201 and 202: When Domestic Violence Victims Are
Page 209 and 210: Notes When Domestic Violence Victim
Page 211 and 212: Although stalking is a crime under
Page 213 and 214: Crimes of Stalking Taking Stalking
Page 215 and 216: Taking Stalking Seriously 197 stari
Page 217 and 218: Taking Stalking Seriously 199 Assis
Page 219 and 220: Conclusion Taking Stalking Seriousl
Page 221: Taking Stalking Seriously 203 23. F
Page 224 and 225: 206 Elizabeth Cronin Moreover, vict
Page 226 and 227: 208 Elizabeth Cronin assault cases
Page 228 and 229: 210 Elizabeth Cronin sounds like so
Page 230 and 231: 212 Elizabeth Cronin hearsay rules
Page 232 and 233: 214 Elizabeth Cronin Davis does not
Page 234 and 235: 216 Elizabeth Cronin Medical Expert
Page 236 and 237: 218 Elizabeth Cronin Notes 1. Peopl
Page 238 and 239: 220 Elizabeth Cronin 34. Nieves, su
Page 241: Part V Economics and Collateral Iss
Page 244 and 245: 226 Emily Ruben Grounds When a batt
Page 246 and 247: 228 Emily Ruben Orders of Protectio
Page 248 and 249: 230 Emily Ruben Effective November
Page 250 and 251: 232 Emily Ruben Also, since domesti
Page 254 and 255: 236 Emily Ruben 19. Harley v Harley
Page 256 and 257: 238 Wendy R. Weiser and Deborah A.
Page 273 and 274: In addition to the physical and emo
Page 275 and 276: Public Assistance and Housing 257 B
Page 277 and 278: Public Assistance and Housing 259 s
Page 279 and 280: The Domestic Violence Liaison (DVL)
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Page 283 and 284: Public Assistance and Housing 265 m
Page 285 and 286: Public Assistance and Housing 267 o
Page 287 and 288: Public Assistance and Housing 269 Y
Page 289 and 290: Public Assistance and Housing 271 P
Page 291 and 292: Public Assistance and Housing 273 f
Page 293 and 294: Public Assistance and Housing 275 l
Page 295 and 296: Public Assistance and Housing 277 D
Page 297 and 298: Conclusion Public Assistance and Ho
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Page 301 and 302: Public Assistance and Housing 283 1
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Public Assistance and Housing 285 9
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84. Id. 85. Id. Public Assistance a
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Public Assistance and Housing 293 P
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Public Assistance and Housing 295 r
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Identifying Domestic Violence Despi
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Domestic Violence and Tort Remedies
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Conclusion Domestic Violence and To
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The fundamental issues confronting
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Representing Immigrant Victims of D
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Could the Victim be a US Citizen Al
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Asylum and Related Remedies Represe
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ASISTA http://www.asistaonline.org
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Notes Representing Immigrant Victim
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Helping Immigrant Victims of Domest
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Helping Immigrant Victims Access Fe
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370 Dorchen A. Leidholdt Traffickin
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372 Dorchen A. Leidholdt Before you
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374 Dorchen A. Leidholdt such as sw
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376 Dorchen A. Leidholdt keeping he
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378 Dorchen A. Leidholdt FGM is roo
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380 Dorchen A. Leidholdt Notes 1. T
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382 Dorchen A. Leidholdt 17. See In
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22 Advocating for Youth in Domestic
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Distrust of Authority Advocating fo
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Advocating for Youth in Domestic Vi
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Notes Advocating for Youth in Domes
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23 Domestic Violence in the Lesbian
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Domestic Violence in the LGBT Commu
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Notes Domestic Violence in the LGBT
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Appendices Power and Control Wheel
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Appendix B Immigrant Power and Cont
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Appendix D Lesbian/Gay Power and Co
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Contributors Liberty Aldrich is the
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Hilary Sunghee Seo is Co-Director o
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