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New York Courts Rule that Repeated Domestic Violence in the Presence of Children Constitutes Neglect


The courts have ruled repeatedly that an act of domestic violence in the presence of within view of a child constitutes neglect. However, an isolated incident of domestic violence does not constitute a case of neglect. An incident is not isolated, though, when it is part of a pattern of conduct. A domestic violence incident is not isolated if it is done more than once.

In the situation at question, the mother’s testimony at a fact-finding hearing demonstrated that there was a clear pattern of conduct. So the father could not claim that it was an isolated incident. There was a pattern of conduct. The father appealed the finding from the fact-finding order of the Family Court of Queens County from August 3, 2009. In that hearing he was found to have neglected his children.

This court has reviewed all of the arguments. At special interest were the incidents of domestic violence outside the presence of the child which would have been insubstantial to the proof of neglect. The case in question was proved to be part of a pattern of conduct of domestic violence that is not isolate or perpetrated outside of the presence of the children in question.

The court in this case finds that the father’s contentions that the court needs to review these items at this point lacks merit. None of the father’s statements that are driven at reopening attention in regards to this case are substantial to encourage the court to order in any fashion other than to affirm the fact that he has neglected his children.

In many cases, it is difficult for a person to understand that incidents that occur within hearing of a child constitute neglect. A parent who threatens to kill the other parent is in effect neglecting the mental wellbeing of the child. Any act of outright domestic violence, hitting, slapping, pinching, verbal abuse, all constitute a criminal act. If they are done in front of a child then it constitutes neglect.

If you find yourself in a position that may be considered domestic violence or child neglect based on an incident of domestic violence, contact Steven Bilkis and Associates. At Steven Bilkis and Associates there are attorneys who are available to assist you, no matter what your case. Steven Bilkis and associates are qualified to handle any domestic violence needs.Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional.

Here at Steven Bilkis and Associates, we provide New York Order of Protection Attorneys, New York Domestic Violence Lawyers, New York Assault Attorneys, and New York Criminal lawyers. New York Family Lawyers will stand by you and ensure that your rights are protected. New York Personal Injury Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are rightfully awarded compensation for your suffering.

Stephen Bilkis & Associates with its Domestic Violence Lawyers has convenient offices throughout the New York Metropolitan area including Corona, New York. Our Personal Injury Attorneys can provide you with advice to guide you through difficult situations. Without a Domestic Violence Lawyer you could lose precious compensation to help with your medical bills and the trauma to you and your loved ones following such a frightening experience. This is true even if the Attorney for the assailant has not adequately made their case. In addition to Personal Injury Law, Stephen Bilkis and Associates can recommend Criminal Lawyers who will protect your rights if you are ever arrested.

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