Now showing items 1-9 of 9
Domestic violence and mental health issues in court.
(ALM (formerly American Lawyer Media), 2020-11)
Whether a domestic violence victim is representing herself or being represented by an attorney, the goal is the same: Convince the court of her own veracity and be skeptical of the other side. How is that possible when a ...
Child Custody: What If There Are Allegations of Domestic Violence?
(ALM (formerly American Lawyer Media), 2020-09-04)
In this Family Law column, Toby Kleinman and Daniel Pollack discusses the issue of domestic violence during the pendency of a legal matter.
Helping domestic violence survivor clients after the case formally ends
(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 ...
Opening and closing statements at domestic violence hearings
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 ...
Recusal in the context of domestic violence cases where there are children
(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 ...
Making and responding to objections at trials involving domestic violence
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 ...
Child custody and the status quo ante
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 ...
What ‘Safety First’ for Children Should Mean
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 ...
Domestic violence and child custody: Know the law and write a history
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 ...