Articles Posted in Domestic Violence

Ezekiel Elliott says the NFL got it 100% WRONG by concluding he attacked his girlfriend on 3 separate occasions — and vows to appeal his 6-game suspension for domestic violence accusations.

“Mr. Elliott and his team of representatives are extremely disappointed with the NFL’s decision,” the Dallas Cowboys star’s camp said in a statement.

“The NFL’s findings are replete with factual inaccuracies and erroneous conclusions and it ‘cherry picks’ so called evidence to support its conclusion while ignoring other critical evidence.”

One less problem for the Dallas Cowboys or so does Jerry Jones and The Dallas Cowboys think.  It seems there is a conveyor belt of domestic violence incidents that keep rolling our the Dallas Cowboys facility.  And why? Well certainly the drafted individuals by the Dallas Cowboys may be the reason.  Someone and maybe its Jerry Jones is choosing players who may or may not have had past behaviors that may or may not have been clues into the character of these individuals.  Ezekiel Elliot seems to stand out.

Rookie cornerback Jourdan Lewis was just found not guilty of attacking his then-girlfriend after a 2-day domestic violence trial.

The 3rd round draft pick had been charged with domestic violence after allegedly roughing up his then-girlfriend at their apartment in Ann Arbor on March 15.

Tarek El Moussa and Christina El Moussa won’t be divorced anytime soon if swift action isn’t taken immediately.

It was reported on July 21 that the “Flip of Flop” duo’s divorce is on the verge of being thrown out because it’s not moving forward — Christina has reportedly not responded and Tarek hasn’t filed documents in months.  Usually california Law is very clear that a divorce petitions once filed and served needs to have a response done within 30 days after it is served on the other party.  It is unclear if a response has been filed but I assume that one has been done.  There might have been a hearing set to discuss certain divorce issues such as support and custody however, it looks like the couple has  dealt with those issues and they might be behind them.  Therefore anything the Court is looking at might be to take a hearing off calendar since the parties are cooperating with one  another.

Another issue involving divorce deadlines is the movement of the  case through the court system.  A stagnated case will be dismissed usually within 5 years.  However, the El Moussa’s case is relatively new so that probably is not the issue. There are certain requirements once the divorce is started that each party must abide by.  These would be the declarations of disclosure of  assets and liabilities.

An attorney for Blac Chyna filed Friday for a temporary restraining order against reality star Rob Kardashian after he posted sexually explicit images of the model on Instagram and Twitter.

Lisa Bloom, a well-known celebrity attorney, said Chyna, her client, was a victim of cyberbullying by ex-boyfriend Kardashian. A hearing on the order will be held Monday. Cyberbullying is a relatively new form of domestic violence that has gained momentum in the past few years dew to the serious consequences it can cause to young impressionable teenagers who are often the target of the bullying via social networking sites such as Facebook.

Kardashian, 30, posted the images Wednesday while accusing Chyna, the mother of his child, of cheating on him.

Bethany Frankel the infamous Real Housewife of New York drama continues post divorce and four years later.  She and her ex husband Jason Hoppy are at it again.  This time they are in retraining order Court.  As domestic violence accusations and charges still looms against Hoppy. Not sure who is at fault if Frankel cannot stay out of the spotlight.  Frankel still claims Hoppy is stalking her four years after the divorce.  Hoppy claims this is BS and has filed a motion to dismiss his case.  It is quite common with divorced couples to fight it out after the divorce is over.  It is called postjudgment fighting.  Often with children involved who are still minors and money that is still unresolved as in child support or spousal support fighting continues. Also if there is community property that still needs to be divided or named for as in is it separate property or community property divorced couples continues arguing years after the divorce is finalized.

A year post divorce Frankel and Hoppy have restarted their battle. Jason Hoppy was arrested for stalking and harassing Betheny Frankel.  These allegations appear to be serious and criminal in nature.

“A spokesperson for the New York District Attorney’s Office tells PEOPLE that Hoppy was arraigned on additional charges, including one count of stalking in the third degree, another count of stalking in the fourth degree and some additional conduct. The case was adjourned to Aug. 8 for a decision on motions.”  Hoppy is filing motions to dismiss based on the insufficiency of the evidence. These are common motions to be filed in cases such as his. 

Huma Abedin the long time adviser/confident of Hillary Rodham Clinton the ex presidential candidate, ex secretary of state, ex senator and ex first lady.  And now Huma has finally cut the cord to her long time husband the ex United State House representative, and filed for Divorce.  Mr. Weiner plead guitly to texting obscene pictures to a minor.  This of course was not his first run in with exposing his self to others via text.  Huma gave Mr. Weiner a second chance after his prior criminal activity of exposure via text.  However, finally she decided enough was enough and a divorce was the only solution after his second exposure incident with minor children.

As stated on Cnn “”Weiner accepted responsibility for his conduct. “I have a sickness, but I do not have an excuse,” he said through pauses and bouts of tears in an emotional statement. “I entered intensive treatment, found the courage to take a moral inventory of my defects, and began a program of recovery and mental health treatment that I continue to follow every day.'”

Obviously this person has a sickness and a Divorce had to be on the horizon after his first bout of exposure to others. Mr. Weiner accepted a plea deal with the federal prosecutor where he could face 21 to 27 months in federal prison.

Often the grounds for divorce in the United States and in California is irreconcilable differences.  Family law courts do not require that there is a fault to get divorced. However, under a new law in Mississippi would permit a spouse to allege domestic violence as a ground for divorce in that state.  The bill has been opposed by other house members who do not want to permit a  new domestic violence ground for a divorce in that state.  The bill which was sponsored by senator Sally Doty of the Mississippi Senate would like the statute to permit spouses to only have to prove that emotional and financial abuse occurred.  In addition the Statute would include that “habitual cruel and inhumane treatment” be grounds for divorce as well.  This would be a monumental law permitting spouses to only show some sort of abuse other than physical abuse.  Normally to prove Domestic Violence the party would have to show some sort of reasonable threat if imminent violence or some sort of stalking.  To permit the element of emotional abuse would definitely make proving domestic violence much simpler. That is the concern of  representative Andy Gipson of Mississippi State Legislature who feels another law adding emotional and financial abuse would be duplicative and add nothing to the current law in place. He adds that we do not need to add to an existing divorce law that already includes domestic violence elements in the statute.  His argument states that their is a history in the Mississippi Court system that have held for a victim of domestic violence who can prove there was habitual and cruel inhumane treatment over a period of time. This opposition by Gipson seems to be the issue between he and Senator Doty.  She further states that the new Domestic violence codification under the Mississippi divorce law would allow one witness and one incident to be permitted to prove the grounds for domestic violence under the divorce law. This new element permitting only one instance of abuse to occur as all that is needed to establish domestic violence in a divorce in Mississippi can be crucial in assisting a victim in getting a divorce.  The purpose stated Wendy Mahoney the executive director of the Mississippi Coalition Against Domestic Violence was to make the ability of getting a divorce a little easier for those parties who are victims of domestic violence.  And to show only that one occurrence is all that is be needed to prove domestic violence to get a divorce would be a significant change for the better Wendy Mahoney believes.  Representative Gipson strongly believes that the new addition to the current divorce laws would destroy the stability of marriage and make it easier for people to get divorced.  However, Senator Doty’s fight was fulfilled as the Mississippi State Legislature had passed the bill allowing domestic violence as a ground for divorce.  In addition, one key element that was added included the provision for one key witness as all that is needed to prove domestic violence.  This means that the victim themselves was all that was needed as evidence in Court to establish their case.

Often in family law cases it is who files first or who fires the first shot over the bow that can gain an immediate advantage when it comes to child custody and visitation issues in family law courts.  Often parties are deceived into convincing themselves that filing any allegation of abuse or neglect or something about the other party they will gain a substantial advantage in the family court battle over custody.  Sometimes this tactic you can prevail and sometimes you can look bad in front of the Family Law Judges.  Domestic violence and child custody are very serious issues that cannot be taken lightly. To determine the truth of the domestic violence assertions often the Judge must investigate further to find who is more credible.  This can entail doing a Court ordered Child custody investigation to determine who is the aggressor and who is the victim.  The Courts are equipped to get to the bottom of the the allegations of violence and harassment.  Since often most litigants in Family law represent themselves they also feel they can get away with filing frivolous documents in hope and belief the Judge will buy their story and they will get what they want.  However, these Family Law judges usually are very savvy and have experienced many allegations of domestic violence and often can discern fact from fiction.

The Domestic Violence laws were enacted to protect victims of domestic violence and give them special and warranted protection from an abusive relationship to which they could not escape or find safety.  It is meant to give these victims a safe haven from a cycle of violence that otherwise they would not be able avoid.  It requires little evidence to show the court in order to gain the relief they seek.  However, now the Courts must often take a step back and decide whether these victims do not just use the Domestic Violence protection laws to their own advantage and file these lawsuits with a little bit of truth and a lot of fiction.

If a child is involved which often it is in the family law cases, a Court investigator can interview the child if they are old enough and determine whether they witnessed arguments between Mom and Dad.  And if they were witnesses what did they see.  They often more times than not are the true purveyors of the facts of each case.

domestic-violence-photo-child-300x243If you have been faced with a charge of domestic violence or a party is seeking a restraining order on you you must be careful about prior acts of domestic violence that can creep up on your during a contested hearing or trial. Often clients feel that prior acts of domestic violence may not have much weight with the Judge , however it is to the contrary. Prior acts of domestic violence can often tip the scale in favor of the party seeking a restraining order. In a civil setting he burden of proof to prove a domestic violence case is preponderance of the evidence. That means it is more likely than not an act of domestic violence occurred. The judge will often give the benefit of the doubt to the party seeking the restraint order.

Now what prior acts constitute domestic violence? It may be very surprising to know that Simple acts that might seem innocuous to our every day relationships with our significant other will be Fuel by the other party to prove up their case.

Acts such snooping through someone else phone even once can be seen as obsessive behavior and look bad upon the court. Also looking through baggage if that person goes on a trip can be viewed as too nosy and appear over controlling if you are looking for something. Stopping. Y uninvited by the other party can also be seen as stalking and shown to be an act of domestic violence.

Even politicians are susceptible to the laws and regulations of domestic violence. They too can be disciplined and even effected by the filing of restraining orders and Stay Away Orders.  One might think that because they are a politician and hold a public office and are voted by the people to represent them in the legislature that they are above the domestic violence laws of the United States.  However, this has proven to be untrue as in the case of South Carolina legislator Chris Corley who was indicted on felony domestic violence charges.  The South Carolina House Speaker suspended Mr. Corley after the domestic violence charges were done.

A 911 call was made from Mr. Corley’s house and in the background on the 911 call children’s voice were heard screaming as Mr. Corley allegedly was pointed a gun at his wife. Under California law Corporal Injury to the spouse under Penal Code section 275 is a felony and can send a person to state prison for 2, 3 or 4 years.  This charge occurs when it is inflicted upon a family member.  In Mr Corley’s case he allegedly attacked and beat his wife.

His children were heard on the 911 call telling their dad to stop the aggression.  This type of behavior as well will probably end up on criminal charges.  Exhibiting violence in front of the children can be a criminal charge as well.  Under Penal Code section 273a wherein if a person places a child in danger willfully or recklessly placing a child in a dangerous circumstance.