Lawyers Manual - Unified Court System

More documents

Recommendations

Info

302 Betty Levinson alleging intentional inflictions of emotional distress. 26 Thus, if diversity or other federal jurisdiction is available, the possibility of proceeding in a federal forum ought to be considered. Criminal Proceedings A conviction in a criminal proceeding will support a motion for summary judgment in a civil damage action, leaving only the issue of damages to be tried. However, if the victim pursues a criminal action against her abuser, she may find herself in the awkward position of being counseled by the District Attorney’s office to refrain from bringing a civil action in order to preclude crossexamination from the defendant’s attorney about anticipated financial gain. 27 Disclosure Anything a plaintiff writes about her experiences with her abuser may constitute discoverable material. Thus, if a client wishes to pursue a suit, she must be prepared to surrender to adverse counsel any diary she may be keeping that records the events in question. Expert Testimony The testimony of a mental health expert is essential to proving damages. Consider carefully the option of retaining a forensic psychiatrist to complement the testimony of the treating psychotherapist, who may be reluctant to testify. Medical Records Battered women often provide doctors with “cover stories” about the source of their injuries. Medical records should be obtained at the earliest opportunity to determine their contents. Be aware of some hospitals’ policy to “flag” patient charts that have been requested by lawyers. If possible, make immediate contact with supervisory personnel having custody of the records, in order to avoid delays in processing. Theories of Tort Recovery Recognized in Other Jurisdictions New York is not a jurisdiction particularly hospitable to the expansive development of tort remedies. 28 Theories that have gained success in other jurisdictions have not been recognized here. For example, domestic violence has been characterized as a continuing tort in Idaho 29 and New Jersey. 30
Conclusion Domestic Violence and Tort Remedies 303 The tort remedies available under current New York statutory and common law principles provide important tools for enabling many victims of domestic violence to obtain compensation for their injuries. Legislative reform, particularly the expansion of statutes of limitation, is urgently needed to fully realize the scope of relief that should be available to battered women.
Page 1 and 2:
Lawyer’s Manual on Domestic Viole
Page 3 and 4:
Victim Who Needs Child Support i La
Page 5 and 6:
Summary of Contents Part I: Introdu
Page 7 and 8:
Table of Contents Summary of Conten
Page 9 and 10:
Contents vii 7. Moving On: UCCJEA,
Page 11 and 12:
Contents ix Hearsay Exceptions: Exc
Page 13 and 14:
Contents xi 20. Helping Immigrant V
Page 15:
ALEXIS MCNAUGHTON KNOX 1983 - 2006
Page 19 and 20:
The Evolution of the Justice System
Page 21 and 22:
Evolution of the Justice System’s
Page 23 and 24:
Evolution of the Justice System’s
Page 25:
Notes Evolution of the Justice Syst
Page 28 and 29:
10 Dorchen A. Leidholdt For all of
Page 30 and 31:
12 Dorchen A. Leidholdt Center, Sak
Page 32 and 33:
14 Dorchen A. Leidholdt can take ma
Page 34 and 35:
16 Dorchen A. Leidholdt In the cour
Page 36 and 37:
18 Dorchen A. Leidholdt Legal Issue
Page 38 and 39:
20 Dorchen A. Leidholdt eye-witness
Page 40 and 41:
22 Dorchen A. Leidholdt questions i
Page 42 and 43:
24 Dorchen A. Leidholdt the help sh
Page 45 and 46:
As a lawyer you may find yourself h
Page 47 and 48:
Danger and Safety 29 however, is no
Page 49 and 50:
Appendix Safety Planning Checklist
Page 51 and 52:
Safety Planning Checklist continued
Page 53:
Notes Danger and Safety 35 1. Jacqu
Page 57 and 58:
Victim Who Needs Child Support 39 4
Page 59 and 60:
Litigating Family Offense Proceedin
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Notes Litigating Family Offense Pro
Page 73:
Page 77 and 78:
Custody disputes occur frequently i
Page 79 and 80:
Litigating Custody and Visitation 6
Page 81 and 82:
Page 83 and 84:
Primary Caretaker Litigating Custod
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
The Law Regarding Child Welfare and
Page 101 and 102:
Representing Domestic Violence Vict
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Respondent Mothers Representing Dom
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
This article is a practical guide f
Page 119 and 120:
Moving On: UCCJEA, The Hague Conven
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Notes Moving On: UCCJEA, The Hague
Page 137 and 138:
Page 139 and 140:
The Uniform Child Custody Jurisdict
Page 141 and 142:
UCCJEA and Domestic Violence: A Cas
Page 143 and 144:
Safety Issues UCCJEA and Domestic V
Page 145 and 146:
UCCJEA and Domestic Violence: A Cas
Page 147 and 148:
Notes UCCJEA and Domestic Violence:
Page 149 and 150:
The Hague Convention on the Civil A
Page 151 and 152:
Civil Aspects of International Chil
Page 153 and 154:
Civil Aspects of International Chil
Page 155 and 156:
Conclusion Civil Aspects of Interna
Page 157 and 158:
Domestic Violence and Money 10 Repr
Page 159 and 160:
Victim Who Needs Child Support 141
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Address Confidentiality Victim Who
Page 169 and 170:
Negotiating an Agreement When an Ag
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Counsel and Expert Fees Victim Who
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Notes Victim Who Needs Child Suppor
Page 187:
Part IV Criminal Justice
Page 190 and 191:
172 Lisa Fischel-Wolovick of an ord
Page 192 and 193:
174 Lisa Fischel-Wolovick Primary A
Page 194 and 195:
176 Lisa Fischel-Wolovick called th
Page 196 and 197:
178 Lisa Fischel-Wolovick Notes 1.
Page 199 and 200:
Intimate Partner Sexual Violence 12
Page 201 and 202:
When Domestic Violence Victims Are
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
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 252 and 253:
234 Emily Ruben Conclusion There ar
Page 254 and 255:
236 Emily Ruben 19. Harley v Harley
Page 256 and 257:
238 Wendy R. Weiser and Deborah A.
Page 258 and 259:
Page 260 and 261:
Page 262 and 263:
Page 264 and 265:
Page 266 and 267:
Page 268 and 269:
Page 270 and 271: 252 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)
Page 281 and 282: Public Assistance and Housing 263 p
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
Page 299 and 300: Public Assistance and Housing 281 7
Page 307 and 308: 84. Id. 85. Id. Public Assistance a
Page 311 and 312: Public Assistance and Housing 293 P
Page 313 and 314: Public Assistance and Housing 295 r
Page 315 and 316: Identifying Domestic Violence Despi
Page 317 and 318: Domestic Violence and Tort Remedies
Page 319: Domestic Violence and Tort Remedies
Page 323: Domestic Violence and Tort Remedies
Page 327 and 328: The fundamental issues confronting
Page 329 and 330: Representing Immigrant Victims of D
Page 335 and 336: Could the Victim be a US Citizen Al
Page 347 and 348: Asylum and Related Remedies Represe
Page 357 and 358: ASISTA http://www.asistaonline.org
Page 361 and 362: Notes Representing Immigrant Victim
Page 371 and 372:
Representing Immigrant Victims of D
Page 373 and 374:
Helping Immigrant Victims of Domest
Page 375 and 376:
Helping Immigrant Victims Access Fe
Page 377 and 378:
Page 379 and 380:
Page 381 and 382:
Page 383 and 384:
Page 385:
Page 388 and 389:
370 Dorchen A. Leidholdt Traffickin
Page 390 and 391:
372 Dorchen A. Leidholdt Before you
Page 392 and 393:
374 Dorchen A. Leidholdt such as sw
Page 394 and 395:
376 Dorchen A. Leidholdt keeping he
Page 396 and 397:
378 Dorchen A. Leidholdt FGM is roo
Page 398 and 399:
380 Dorchen A. Leidholdt Notes 1. T
Page 400 and 401:
382 Dorchen A. Leidholdt 17. See In
Page 403 and 404:
22 Advocating for Youth in Domestic
Page 405 and 406:
Distrust of Authority Advocating fo
Page 407 and 408:
Advocating for Youth in Domestic Vi
Page 409 and 410:
Page 411 and 412:
Page 413 and 414:
Page 415 and 416:
Page 417 and 418:
Notes Advocating for Youth in Domes
Page 419 and 420:
23 Domestic Violence in the Lesbian
Page 421 and 422:
Domestic Violence in the LGBT Commu
Page 423 and 424:
Page 425 and 426:
Page 427 and 428:
Page 429 and 430:
Notes Domestic Violence in the LGBT
Page 431 and 432:
Page 433 and 434:
Page 435 and 436:
Page 437:
Page 441 and 442:
Appendices Power and Control Wheel
Page 443 and 444:
Appendix B Immigrant Power and Cont
Page 445:
Appendix D Lesbian/Gay Power and Co
Page 449 and 450:
Contributors Liberty Aldrich is the
Page 451:
Hilary Sunghee Seo is Co-Director o
show all

Lawyers Manual - Unified Court System

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?