Divorce information, advice and help on questions about rights under Florida divorce, alimony, property, child support, custody, visitation and domestic violence laws, cases, procedures and guidelines from Fort Lauderdale Broward & West Palm Beach County divorce lawyer and domestic violence attorney Janet Langjahr
Earlier this month, students at Columbia University in New York City held a protest against sexual violence. Roughly 800 of them.
They were participating in “Take Back the Night”, an annual event since 1978.
The program intends to draw attention to the issue of sexual violence in the college setting, and to provide a safe place for its victims.
Sexual assault victims often experience a sense of isolation. The event provides emotional support to them.
Similar marches against sexual violence have taken place across the nation, such as in Decatur, Illinois.
April is Sexual Assault Awareness Month.
Read more in this Columbia [University] Spectator article: Hundreds take to the streets against sexual violence and this [Decatur, IL] Herald-Review article: Personal stories punctuate Take Back the Night march against sexual violence.
The domestic violence realm is increasingly occupied by perpetrators of stalking … by people who may be thought of as “serial stalkers”.
Take, for instance, this New York Stalker.
Back in 2008, Stalker was first criminally charged with stalking Woman after violating a restraining order of protection against him … by trying to knife his way into her residence. Convicted of misdemeanor counts of stalking and criminal contempt, the criminal court sentenced Stalker to two years’ confinement.
Released early with credit for time already served, Stalker went from a hospital to Woman’s home within hours. And then returned the following night, for more of the same.
At which point Stalker was arrested again. And convicted again.
This time Stalker was sentenced to two to four years’ imprisonment. But Stalker has substantial time served credit and will be eligible for parole all too soon.
This time though, the court has extended the no contact order against Stalker a bit longer. Through June of 2021.
And warned Stalker he would face more charges if he violated the extended restraining order of protection again.
Meanwhile, the prosecutor in the case is of the opinion that Stalker rejected any plea deals because he looked forward to seeing Woman at trial. And represented himself at trial so that he could actually speak with Woman during her testimony.
While it reportedly was not demonstrated that Stalker intended to harm Woman in any way, the jury found that Woman experienced reasonable fear and distress from Stalker’s conduct.
At this point, one can only speculate about what Stalker will do upon his release from confinement.
Read more in this [Syracuse NY] Post-Standard article: Convicted stalker sent to prison for re-stalking same Syracuse-area victim.
April is National Child Abuse Prevention Month.
A good time to recall that “[y]ears of scientific studies have shown that research-based child abuse prevention programs can give struggling parents the tools they need to become self-aware, better-equipped, more patient parents.”
Especially when the child is very young and bonding and attachment are beginning.
Child abuse prevention programs build on parents’ strengths and teach them about normal child development, how to address challenges and how to manage stress from those challenges.
One veteran child welfare advocate asserts that these programs “break the cycle of abuse and neglect”.
Read more in this [South Florida] Sun Sentinel article: Efforts can slow child abuse cycle.
Michigan Mother publicizes Son’s cancer to raise money.
Only Son doesn’t really have cancer.
Mother supports the illusion by shaving Son’s head … and drugging his food with powerful narcotic depressants.
Mother is arrested for fraud and child abuse.
Mother pleads no contest.
Mother is sentenced to one year’s imprisonment.
Son is placed in foster care.
Mother voluntarily gives up her parental rights to Son.
Son may now be adopted, although the legal process takes a year once an adoptive parent is inclined to adopt.
It is possible that Son may be adopted by extended family members.
April is Child Abuse Prevention Month.
Read more in this Detroit Free Press article: Macomb County mother who faked son’s cancer gives up parental rights and this Taylor [TX] Daily Press article: April is Child Abuse Prevention Month.
Man has allegedly posted about 4,000 messages about Woman on the internet, all attacking her character and professional skill.
Man also allegedly publishes a blog impersonating Woman.
Man has allegedly posted obscene messages on Woman’s website.
Woman tries to press charges with police.
But Woman lives in New York … and Man lives in Singapore.
New York authorities maintain that they cannot doing anything because Man’s criminal acts are in Singapore.
Singaporean authorities don’t seem to care about what Man has reportedly done.
Stalking via the internet is growing more widespread but is not so widely punished, in part because the legal tools to do so have not evolved as rapidly.
Stalking reportedly inflicts severe stress on victims, on a par with post traumatic stress disorder and crashing in a plane.
Some activists are pressing for uniform laws against stalking across various international communities, such as the European Union.
In Florida, stalking is a crime. Victims of stalking may also obtain restraining orders of protection against stalkers, called:
Read more in this Economist article: Cyber-stalking – Creepy crawlies – The internet allows the malicious to menace their victims.
New Zealand Husband’s and Wife’s long term marriage reportedly breaks down.
Wife reportedly plans to divorce Husband.
Husband is believed to have “eavesdropped” on text messages in Wife’s cell phone, and gotten wind of Wife’s intentions.
Husband allegedly murders Wife with a shotgun.
Husband apparently defends that he did not mean to hurt Wife. With his shotgun.
Husband is convicted of murdering Wife.
Husband is sentenced for murdering Wife.
11 years. $65,000 restitution to Wife’s parents and two children.
Critics of the sentence, who reportedly include numerically significant members of the New Zealand legal profession, are, quite vocally, predicting that a sentence so light virtually invites murder as a pragmatic alternative to divorce.
Meanwhile, domestic violence experts are speaking out to draw attention to the prudence of abuse victims:
It is believed that Wife’s family may also be considering a civil suit for additional damages from Husband and/or appealing Husband’s sentence.
Read more in this New Zealand Herald article: Meads sentence sets ‘dangerous precedent’.
Some months ago, a four year old Brooklyn Girl, who weighed only eighteen pounds, died of malnutrition, dehydration, drug poisoning and injuries resulting from abuse.
New York’s child welfare agency was already involved in the Girl’s life and had assigned a caseworker to her case.
At the time of her death, the Girl had allegedly been beaten regularly … and bound to her bed.
Her mother and grandmother both reportedly were aware of these facts.
The Girl’s mother and grandmother have both since been indicted for murder and manslaughter, respectively.
The Girl’s caseworker and his supervisor both allegedly subsequently made false entries in the Girl’s case file to reflect, fraudulently, that the child welfare agency had done its job, visiting, or attempting to schedule visits to the Girl’s home, and checking on her welfare.
In fact, the caseworker reportedly made no visits or attempts to check on the Girl and had not complied with the agency’s requirement of biweekly checks.
For their alleged negligence and attempted fraud in this case, the child welfare agency’s caseworker and supervisor were indicted for criminally negligent homicide, official misconduct and endangering the welfare of a child, as well as falsifying and tampering with public records.
The charges against the child welfare workers are believed to be the first of their kind in New York.
The child welfare workers’ defend that they were just following orders from higher ranked individuals in the agency and, apparently, that they are unfairly being made scapegoats.
The child welfare agency is concerned that the charges will adversely impact recruiting of child welfare staff.
Read more in this New York Times article: Welfare Worker and Supervisor Charged in Death of Child.
New York Girlfriend and Boyfriend have been dating for over six months.
Girlfriend is 32 years old, a foster parent of a 17 month old Baby and a 9 year old girl, and the mother of an 11 year old girl.
Boyfriend is 19 years old.
Girlfriend left Baby in Boyfriend’s care while taking the two girls to school.
When Girlfriend returned home, Baby was unconscious and in respiratory distress.
Baby was later diagnosed with broken ribs and a ruptured spleen, and was assessed as being in critical condition.
Baby’s injuries are under investigation by authorities.
Law enforcement authorities suspect that Baby’s injuries are the result of Boyfriend beating Baby.
Boyfriend turned himself in to authorities and is now under arrest on charges of assaulting Baby.
According to accounts of third parties, Boyfriend believed that Baby needed to grow “tougher”.
Yet Girlfriend reportedly insisted that Boyfriend is “good” to her children.
Prior to the suspected beating, Baby had been recovering from prenatal heroin addiction and doing well in foster care with Girlfriend.
In fact, Baby’s adoption by Girlfriend is underway.
It is unknown whether recent events jeopardize the adoption.
Read more in this New York Times article: Arrest Made in Beating of a Child in Brooklyn.
Kentucky Father places Infant son into an oven. A cold one, but an oven.
Father is arrested for this conduct.
A Kentucky criminal court judge bars Father from having any contact with Infant.
Close to a year ago.
Now, Father’s attorney requests supervised visitation for Father, since Father is at-large on bail.
However, the criminal court judge denies Father’s request, and extends his earlier ruling absolutely prohibiting any contact with Infant.
Read more in this Paducah Sun article: Dad in oven case gets no visitation and this Lex 18 NBC TV News article: Man Not Allowed Contact With Infant Son He Put In Cold Oven.
Family member hurts or even kills another family member.
Then seeks to profit from having harmed their family member.
Perhaps they will collect an inheritance.
Perhaps they will collect alimony in a lump sum.
Etc. Etc.
Some Florida legislators don’t think that’s right. And aim to prevent it from happening.
So they have drafted legislation to block a convicted criminal from profiting from hurting a family member.
The proposed legislation is inspired by similar legislation in New Jersey.
Read more in this Sunshine State News article: Bipartisan Bill Aims to Stop Criminals Profiting After Injuring Family.
This blog generally steers away from family law issues arising with celebrities from the entertainment world. They receive more than enough coverage from other sources.
But every “rule” is made to be broken.
In a recent television interview with a Celebrity on a media campaign, the topic of his alleged domestic abuse was broached … and casually dismissed, as though nothing.
The celebrity reportedly accidentally shot his then-fiancee some years ago.
Later on, a different woman accused him of smacking her in the head for rejecting his sexual overtures. The Celebrity settled her civil suit against him out of court.
Later, yet another woman pressed criminal charges against him for allegedly knocking her to the floor of his home. The Celebrity reportedly pleaded “no contest”.
Later, the Celebrity’s ex-wife got a domestic violence restraining order of protection against him.
Later, his subsequent wife pressed criminal charges against him for assaulting her with a knife. The Celebrity pleaded guilty and was put on probation.
Later, yet another woman pressed criminal charges against the Celebrity over the Celebrity’s rampage in a hotel room, that chased her into hiding in a locked bathroom. Police declined to prosecute.
Later, the Celebrity’s latest ex has obtained a domestic violence restraining order against him for graphic violent threats. The Celebrity’s children were removed from his home by child welfare auuthorities.
The Celebrity is handled with kid gloves and is enjoying great popularity. His recent interviewer seemed reportedly downgraded domestic violence.
Is something wrong with this picture?
What does it say about our collective attitude toward domestic violence?
Read more in this New York Times editorial: The Disposable Woman.
Florida Husband and Wife have two teen-aged Children.
Wife allegedly murders both Children.
Wife is arrested on murder charges.
Wife is represented in criminal court by public defenders.
The County seeks to freeze Wife’s assets and slap a lien on them to recover legal fees for the public defenders’ services.
Wife agrees to the freezing and lien.
But Wife’s assets are marital property – shared with Husband.
Husband objects to both the freezing and lien in the criminal court proceedings.
Husband has recently filed for divorce from Wife.
Husband argues that it is family court, not criminal court, that should rule on Husband’s and Wife’s marital assets.
Further, Husband asserts, he should not be forced into funding Wife’s defense.
Wife contends, without explanation, that Husband’s interest in their marital assets would not be affected by the freezing and lien.
After a hearing on the issue, the criminal court denies the motion to freeze Husband’s and Wife’s assets and subject them to a lien in favor of Wife’s public defenders.
Read more in this St. Petersburg Times article: Schenecker contests wife’s motion to freeze assets and this St. Petersburg Times article: Judge denies motion to freeze Julie Schenecker’s assets.
“Your calls may be recorded.” That’s what the sign says.
In plain view of the residents. In a jail in New York.
Despite that warning, many inmates being held on criminal charges of domestic violence pay it no heed.
They flagrantly violate criminal court orders for “no contact” with alleged victims of criminal domestic violence, by calling the victims up and confessing, apologizing, warning, dictating, professing love, etc., etc., all with the goal of undermining prosecution of the cases against them.
But recordings of such calls are routinely admitted in New York criminal prosecutions for domestic violence.
Making the alleged victims (unwilling) witnesses for the prosecution – even if they don’t testify live in court, or do, but testify favorably to the defense live in court.
The tapes may be used in court under special rules of evidence that apply.
In one case, an accused called his alleged victim 1,200 times.
Read more in this New York Times article: Abuse Suspects, Your Calls Are Taped. Speak Up.
Stepfather in Germany lives with Wife and fifteen children.
Four of the children are Stepfather’s stepchildren from a prior marriage of Wife’s.
Four of the children are Wife’s and Stepfather’s together.
Seven of the children are children of Stepfather’s stepdaughter and … Stepfather’s. As confirmed by DNA testing.
Stepfather allegedly regularly raped his Stepdaughter and two of his own children for twenty years.
Stepfather also reportedly prostituted his own daughter and his stepdaughter for money.
Stepfather is also accused of nonsexual domestic violence against members of his family.
Stepfather is charged with 350 separate counts of sexual offenses against his children and stepchildren, and roughly 35 counts related to prostitution.
If convicted of the 350 plus separate transgressions over a twenty year period, Stepfather faces up to fifteen years’ imprisonment.
Read more in this GlobalPost article: Germany’s Detlef S accused of sexual horrors against his children (VIDEO) and this Discount Vouchers News article: Man accused of 20 years of child abuse.
Louisiana Mother gets pregnant with Father’s Child.
Father knows that he will have to pay child support for Child.
Father allegedly beats Mother about the belly.
Father’s reported goal is to destroy the unborn baby … to avoid child support.
Father is charged with attempted feticide and other charges.
Father prepares to enter a plea agreement.
The criminal court fines Father $300.
Then all charges against Father are dropped, with Mother’s blessing.
This is not Father’s first arrest on domestic battery.
Read more in this [Abbeville, LA] Vermilion Today article: Charges dropped against Eunice man accused of attempted feticide.
Florida Woman obtains domestic violence restraining order of protection against Man.
Undeterred, Man reportedly calls and sends text messages to Woman repeatedly.
Woman contacts police to report Man’s violations of injunction for protection against domestic violence.
Patrolman comes to Woman’s house.
While Patrolman is at Woman’s home, Man calls Woman.
Patrolman advises Man he is violating domestic violence injunction.
Man excuses his conduct by the fact that he is presently in another state.
Patrolman advises Man that that does not excuse or insulate Man from restraining order.
While Patrolman is still at Woman’s home, Man calls again.
Patrolman again advises Man he is violating the order of protection, and admonishes him against calling Woman again.
Man states he is calling Patrolman, not Woman.
Patrolman instructs Man to call him at police station and not to call Woman’s phone again.
Man is arrested for violating Woman’s order of protection.
Read more in this [Crestview] Northwest Florida Daily News article: Man calls woman twice while she’s reporting him to police.
Domestic abusers often cut their teeth on abusing pets and other animals before they graduate on to people. Other abusers abuse animals parallel to abusing human victims.
The correlation between animal abuse and abuse of humans is so strong that Florida’s domestic violence statute expressly authorizes the court to consider injury or killing of a pet as a factor in entering a domestic violence restraining order of protection.
Victims of domestic violence often stay in abusive relationships out of concern for their pets. Fifty-four percent of domestic violence victims staying in shelters report that their abuser had hurt or killed their pet.
Three states extend the protection of a domestic violence restraining order to pets. Other states are expected to follow their lead.
As a first line of defense, helping professionals should always seek out information about pets in working with victims of domestic violence.
Read more in this RDH Magazine article: Discerning the truth about abuse.
New Zealand immigrant Wife and Husband have three Children ranging from nine months to fourteen years of age.
Husband allegedly physically abuses Wife. The most recent reported domestic violence results in Husband’s criminal conviction for domestic battery.
Following Husband’s and Wife’s breakup and Wife’s reporting of his alleged abuse, Wife comes under scrutiny from immigration authorities in New Zealand.
Now that Wife and Husband are separated, Wife is required to earn a certain level of income to support a work visa.
But Wife’s income is below that threshold.
Fear of deportation is expected to have a chilling effect on reporting abuse of immigrants by other immigrants, even though such abuse appears to be on the rise.
Government assistance is available only to victims of abuse by New Zealand citizens or permanent residents.
But New Zealand talks tough on domestic violence.
Read more in this [New Zealand] Stuff article: Migrant faces deportation after abuse.
Husband and Wife have two Children together.
The time of Husband and Wife’s exchange of the Children approaches.
And Husband allegedly punches Wife in the face … and knocks her out.
Police arrive. And taser Husband.
Who resists arrest.
Husband is arrested on charges of domestic violence and criminal threats.
Read more in this San Jose Mercury News article: Woman punched unconscious during child custody dispute.
Controlling behavior in a relationship, such as monitoring a partner’s calls and text messages, or trying to influence what clothing he or she wears, might indicate a pattern of behavior culminating in abuse and violence.
So concludes a doctoral student in psychology and a team of psychologists conducting a study at the University of Arizona.
The coercive need for control is what gives rise to abusive behavior, not anger. Without regard to gender.
And violence is not a reflection of loss of control, but a means to achieve control, through fear.
The study also finds that men and women engage in similar coercive behaviors and abusive tactics.
One key conclusion of the study is that anger management training, widely ordered in criminal domestic violence cases and sometimes in restraining order cases, doesn’t really address the real problem.
Abuse, as defined by the study, includes psychological abuse, sexual assault, intimidation, coercion, physical abuse, threats and more aggressive physical violence.
Read more in this University of Arizona News article: Coercive Habits Lead to Intimate Partner Abuse.
Missouri Father has an adult pregnant Daughter.
Father also has a teenaged Son who, apparently, joined the family from foster care.
Son suffers from mental illness and, at times, allegedly is very aggressive.
Son presently lives in a group home equipped to provide appropriate services to meet Son’s special needs.
This arrangement is likely court-ordered through either a juvenile dependency case or a juvenile delinquency case or related cases of both types, as a result of Son’s alleged prior assault on Father.
Son is released to Father for the Thanksgiving holiday. Father and Son go to Daughter’s home for the holiday.
Over the visit, Son reportedly becomes enraged and allegedly assaults Daughter.
Upon arrival of other family members, who assist in restraining Son, Father calls Son’s Therapist.
Therapist advises Father to call the police.
Father calls the police.
The police arrive …
And ask Son whether Son wants to leave for a psychiatric facility.
Son indicates that he does not.
The police advise Father that they cannot take Son to a psychiatric facility against his will.
Father then requests, as an alternative, that they arrest Son and take him to juvenile detention.
The police advise Father that they cannot arrest Son because he is a minor.
One of the officers on the scene is a supervisor.
The officers suggest that Father take Son home with him, away from Daughter.
Father arranges for a family member to return Son to his group home.
Read more in this Kansas City [MO] Examiner article: KCPD refuse to remove homicidal teen from the home.
This particular family lives in Missouri.
But there are similar families facing similar challenges throughout Florida.
Depending upon Son’s precise conduct and history, Florida law provides at least two different mechanisms for immediate intervention in crises such as this:
In Florida, law enforcement officers should be familiar with both processes and, in appropriate cases, should be prepared to assist a parent with whichever measure is most appropriate in the case at hand.
In the event that law enforcement officers will not intercede in the immediate family crisis or in the event that family assistance is needed beyond the immediate crisis, a family law attorney with additional experience in juvenile law and, ideally, further experience in mental health law and/or substance abuse law, should be consulted as soon as possible.
Ohio Mother has ten month old Baby.
Mother is apparently unhappy with her child support.
While at her home with Baby, Mother telephones the child support enforcement agency and, angry over the response, allegedly makes a verbal threat to go to their office and murder her child support case worker, social workers and the magistrate presiding over her child support case.
A different person, who had previously threatened violence in connection with his unrelated child support case, recently made good on his threats, killing a woman and then taking his own life.
So the agency takes Mother’s threat seriously and contacts law enforcement.
Police go to Mother’s home to arrest her.
Once at the scene, the officers note that Mother’s home has considerable illegal drugs, drug paraphernalia, weapons, and alcohol on the premises, but little baby formula. The home also has the odor of recently smoked marijuana.
Mother is charged with three counts of aggravated menacing, child endangerment and drug possession, and jailed. With bail set at $1 million.
Baby is placed in the care of his grandmother.
The recent murder and the fact that the telephoned verbal threats were made against agents of the courts may have played a role in what may not be typical handling of similar cases.
Mother and Father have twenty-one month old Baby together.
Mother and Father break up.
Baby lives with Mother.
Mother and Father are competing for custody of Baby.
Suspect breaks into Mother’s parents home and kills Mother’s parents and one of Mother’s brothers.
Mother manages to hide and then escape.
Suspect claims Father hired him to murder Mother so that Father could win custody of Baby.
Father is arrested and confined without bail until trial.
Family court judge orders that Father and his family have no contact with Baby.
Father now seeks to modify that order to allow visitation and timesharing with Baby for himself and for his family.
Mother’s family oppose Father’s family having timesharing and visitation with Baby.
Father does not appear to have been present at the scene of the murders.
The family court will hold a hearing on Father’s request for visitation and timesharing.
Read more in this Chicago Tribune article: Grandparents of Darien slaying suspect seek access to baby
Florida family court enters temporary domestic violence restraining order of protection against Aggressor.
In the few short weeks thereafter, before the court has a chance to rule on whether to extend the injunction for protection against domestic violence, Aggressor allegedly violates protective order … twice.
Aggressor reportedly drove through the alleged victim’s neighborhood one time. And confronted the victim the second time … right in the courthouse where Aggressor’s case is being heard.
Aggressor is a Florida police officer, serving on Jacksonville’s force for over fifteen years.
Despite numerous citizen complaints – and two internal police department complaints against him.
Aggressor had previously been threatened with termination for further misconduct.
But that threat was never carried out. It was followed by more ineffective disciplinary measures.
Aggressor is now confined without bail in connection with one of the two charges pending against him.
Aggressor reportedly remains on voluntary leave without pay from his apparently continuing employment as a Jacksonville police officer.
It is unknown whether conviction and prolonged incarceration would jeopardize Aggressor’s law enforcement employment.
Read more in this [Jacksonville] Florida Times-Union article: Jacksonville officer finds himself on other end of law in Clay.
Florida Husband and Wife’s marriage is troubled.
Wife files for a domestic violence restraining order of protection against Husband.
Late that night, Husband awakens from a nightmare and confesses to Wife that he had dreamed of killing himself.
Husband asks whether Wife still loves him.
Wife replies in the negative.
Husband then removes a gun from underneath Wife’s pillow.
Husband tells Wife he cannot live without her.
Husband allegedly shoots at least one bullet into their bedroom ceiling.
Wife calls the police. Wife is not looking to have Husband arrested.
Instead, Wife wants to have Husband Baker Acted, that is, psychologically evaluated for posing a danger to himself and others.
Husband reportedly suffers from mental illness and is prescribed medication for same.
Husband gets his hands on a second gun.
Husband warns Wife that he will shoot at any police officers who come to their home.
Husband allegedly tries to kill himself.
Wife tackles Husband and manages to gain control of one of the guns.
Husband is arrested for discharging a weapon in a dwelling, a felony.
Husband is confined.
Husband is a Daytona Beach police officer. Wife is a former Deland police officer.
Read more in this Daytona Beach News-Journal article: Shot fired in marital discord between Daytona policeman, wife.
Husband and Wife have three Children together.
Husband is arrested for allegedly murdering Wife … before Children’s eyes.
And then fleeing from the scene with the Children in tow.
Husband is now in jail awaiting trial.
Children are in foster care.
Both sets of Children’s Grandparents are in the process of qualifying as foster parents for Children.
At a family court hearing concerning the Children, Husband requests that the Children visit Husband in jail. Husband believes that the Children would like to visit him in jail.
The Children’s paternal Grandparents support the Children visiting Husband in jail.
The Children’s maternal Grandparents object to any such timesharing with Husband.
The attorney appointed to represent the Children also objects to any timesharing with Husband, because the Children may be called as witnesses at Husband’s criminal trial and Husband might attempt to influence the Children’s testimony during visitation.
Husband’s attorney counters by proposing electronic monitoring to guard against witness-tampering. It is unclear how effectively such monitoring could guard against manipulation.
The Children’s attorney asks the Court to speak with the Children’s therapists before ruling on visitation.
The family court judge indicates he will consider Husband’s request for timesharing but that he will take no action regarding any existing criminal court orders barring or limiting contact with the Children or witnesses in general.
One can only speculate about Husband’s motivations for timesharing.
Read more in this Mankato [MN] Free Press article: Murder suspect requests visitation for kids.
Wife is convicted of stabbing Husband to death, nearly 200 times.
Wife is sentenced to twenty-five years’ imprisonment.
Wife appeals the sentencing.
Wife is granted a new trial as to punishment.
Wife argues that she was a battered spouse who acted in the heat of passion. She is seeking probation.
The prosecution argues that Wife was an angry wife who achieved a divorce by homicide.
If the murder was in the heat of passion, the maximum sentence is twenty years.
Read more in this Houston Chronicle article: DA calls Jeffrey Wright’s death ‘divorce by homicide’.
Arizona Student posts on social networking website Twitter that he would hit Arizona Judge in the face if given the opportunity.
Judge learns of post.
Judge seeks restraining order of protection against Student.
And judge’s request is granted, and order of protection is entered against Student.
Perhaps another reason to apply self-censorship on social media websites.
Still, in truth, it is questionable whether a restraining order would have been entered in Florida on similar facts … if the target were not a member of the judiciary.
Read more in this WireUpdate article: Arizona student gets restraining order after Twitter threat.
Mother and Father divorce. Mother is awarded custody of their Daughter.
Daughter lives with Mother in Mexico. Father lives abroad.
Daughter, at 13, runs away from Mother in Mexico and goes to live with Aunt in Canada, with Grandmother’s assistance.
Daughter obtains asylum in Canada under the United Nations Refugee Convention, alleging that Mother abuses her.
Mother files an application for Daughter’s return to Mexico under the Hague Convention on the Civil Aspects of International Child Abduction. Mother maintains that Father’s family orchestrated Daughter’s flight.
Once a person is granted “protected” status under the UN Convention, they cannot generally be returned to the country where they were prosecuted.
But parents have the legal right to make decisions and exercise authority on behalf of their children. Therefore, the Hague Convention likely takes precedence over the UN Convention where parental rights to a minor child are involved.
At trial, the Canadian Court orders that Daughter return to Mexico.
Aunt is appealing the ruling.
Read more in this Toronto Star article: Mexican teen who fled abuse returned to mother.
Seventeen year old Nebraska Mother has an eighteen month old Toddler.
Mother, reportedly an admitted drug user, and her Boyfriend are allegedly intoxicated.
Mother and Boyfriend allegedly duct tape Toddler to a wall, with his hands trapped behind his back.
A “sippie cup” is also taped to the wall … beyond Toddler’s reach. His fingers are bound together as well.
Mother and Boyfriend take pictures of Toddler taped to the wall.
And show / send the pictures to various friends and family members.
Who notify authorities.
Mother and Boyfriend are arrested.
Mother is sentenced to ten days’ incarceration. She is also placed on two years’ probation.
Boyfriend is sentenced to three to five years’ confinement for child abuse. He is also sentenced to additional time … on unrelated felony charges.
Child welfare / health agencies will monitor the situation on an ongoing basis.
Read more in this All Headline News article: Mom Who Duct-Taped Toddler To Wall Has Custody Of Child Again.
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