Now showing items 1-15 of 15

    • Challenges Attorneys Face When Family Courts Do Not Follow Rules of Evidence. 

      Pollack, Daniel; Kleinman, Toby (New York Law Journal, 2019-10-21)
      Courts are known for their many rules and regulations. While there are times a family court judge may properly make exceptions to the rules, too many exceptions, or exceptions contrary to accepted science, may reduce ...
    • Changing attorneys once divorce proceedings have started 

      Kleinman, Toby; Pollack, Daniel (ALM, 2021-12-22)
      There are times when clients change their attorney multiple times or the adversary attempts to use changes of attorney against the litigant in a negative or derogatory fashion. Why does this happen and what can be done?
    • Child custody and the status quo ante 

      Kleinman, Toby; Pollack, Daniel (ALM, 2023-02-10)
      The disruption and trauma to children caught in the throes of a separation that involve domestic violence is truly troubling. It often involves the appointment of evaluators who make recommendations to the court that will ...
    • Children Testifying About Abuse in the Context of Custody. 

      Pollack, Daniel; Kleinman, Toby (ALM (formerly American Lawyer Media), 2020-02-21)
      Many attorneys are reluctant to ever consider allowing a child to testify in a matter. In this Family Law column, Toby Kleinman and Daniel Pollack discuss various considerations that factor into the decision.
    • Court-appointed GALs in child custody cases: Are they constitutional? 

      Kleinman, Toby; Pollack, Daniel (ALM, 2022-12-13)
      Family law courts often appoint attorneys or others to act on behalf of the court or to work on behalf of a child’s best interest. What these individuals are called varies from state to state. For easy reference, when the ...
    • Domestic violence and child custody: Know the law and write a history 

      Kleinman, Toby; Pollack, Daniel (ALM, 2023-04-27)
      Over many years of practice, we have learned that context is one of the imperatives to give to a court to avoid pitfalls in litigation in a domestic violence, child custody case. Obtaining a domestic violence restraining ...
    • Helping domestic violence survivor clients after the case formally ends 

      Pollack, Daniel; Kleinman, Toby (American Lawyer Media, LP., 2021-08-27)
      The attorney/client relationship formally ends shortly after a matter is fully resolved by court order. However, where a family matter involves domestic violence, there are several things attorneys and their survivor clients ...
    • Making and responding to objections at trials involving domestic violence 

      Kleinman, Toby; Pollack, Daniel (ALM, 2022-08-25)
      Determining when and whether to object to an argument, statement or question made by opposing counsel, or to object to an answer given by a witness is an important decision to be made at trial. Doing so calls for knowledge ...
    • Opening and closing statements at domestic violence hearings 

      Kleinman, Toby; Pollack, Daniel (ALM, 2022-02-24)
      While a closing can follow the outline of the initial opening by showing how each of the facts described in the opening statement were proved, it should iterate all statutory factors that must be considered by the court ...
    • Preparing evidence for use as exhibits at trials involving domestic violence 

      Kleinman, Toby; Pollack, Daniel (ALM, 2022-04-07)
      Attorneys generally try to avoid going to trial. Yet, if trial becomes inevitable, your client is an invaluable resource in trying a case with well-prepared, straightforward documentary evidence.
    • Pushing contempt in domestic violence cases 

      Kleinman, Toby; Pollack, Daniel (Yeshiva University Libraries. Yeshiva University., 2021-12-28)
      Attorneys should seek to have a good rapport with a judge except where it interferes with appropriate, zealous advocacy. It is better to have a judge’s respect for proper advocacy than to be thought of as “nice.”
    • Recusal in the context of domestic violence cases where there are children 

      Kleinman, Toby; Pollack, Daniel (ALM (formerly American Lawyer Media), 2022-10-11)
      States have canons of judicial conduct as well as rules governing circumstances when judges should recuse themselves from hearing cases. The rules may provide for judges to remove themselves and/or for litigants or their ...
    • Seeking a protective or restraining order where children are involved. 

      Pollack, Daniel; Kleinman, Toby (ALM (formerly American Lawyer Media), 2021-03-01)
      A protective order cannot guarantee the abuse will stop and the victim and children will be safe. Nonetheless, it is a critical step to take because it helps to legally document the abusive experience.
    • What ‘Safety First’ for Children Should Mean 

      Kleinman, Toby; Pollack, Daniel (ALM, 2022-06-22)
      By keeping safety as paramount and separate, courts will not weigh parental rights against child safety. Safety will be the sole consideration. A child should be entitled to no less safeguards than an adult at a domestic ...
    • When to file an emergency appeal in Family Court. 

      Pollack, Daniel; Kleinman, Toby (ALM, 2021-04-14)
      Where a child has disclosed abuse, the child needs immediate protection and the court is place to go, because unlike Child Protective Services, the court has the power to stop contact between a child and a parent. To succeed ...