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Domestic Violence Due Process

Fox Rothschild LLP

Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility

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Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations. Which party is...more

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Off-the-Record Comments & the Right to an Impartial Final Restraining Order Hearing

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What a judge says before, during or after a hearing “off-the-record” likely sheds light on the Court’s decision making process including, but not limited to, what evidence was considered and whether the proper, relevant legal...more

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Right to Counsel and Notice of Consequences of a Domestic Violence Finding is Required Before – Not After- the Finding

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Seems pretty obvious that if a court is going to explain the ramifications of the right to have counsel in a domestic violence matter and the ramifications of the entry of a finding of domestic violence and the entry of a...more

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Remote Proceedings: Zooming Past Litigants’ Due Process Rights

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In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video transmission? The timing of this consideration...more

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Domestic Violence Defendants Require Opportunity To Prepare Defense Even When FRO Is Warranted For Another Predicate Act

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I have now blogged a few times about the importance for due process in domestic violence matters. The Appellate Division just gave us another unpublished case, B.L.F. v. T.G.C., to remind litigants and practitioners that the...more

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Another Due Process Ruling For Domestic Violence Defendants

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A few months ago, I blogged about due process for defendants in domestic violence actions. We now have another unpublished decision on this topic but with a different due process violation. In the matter of S.C. v. Z.B.,...more

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Due Process For Domestic Violence Defendants

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A new domestic violence decision, M.D.C. v. J.A.C., not only confirms that defendants in a domestic violence proceeding are entitled to due process, but also goes a step further by asking the Supreme Court’s Family Practice...more

Proskauer - Proskauer For Good

The Time Is Now for an Independent Immigration Court

Recent events have created an urgent need for an independent Immigration Court separate from the Department of Justice. On October 17, Proskauer hosted a panel discussion in its New York office co-sponsored by Sanctuary for...more

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Sua Sponte Reinstatement Of Dismissed Final Restraining Order Violates Due Process, Appellate Division Says

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Notice and opportunity to be heard is one of the most fundamental tenants of due process in this country. Every litigant, no matter how small the case, has the right to have his or her “day in court.” As we learn in the...more

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