Wife Who Had Been Shot by Husband and Who Had Had Order of Protection against Him is Murdered …

Husband and Wife have one child together, Son.

In 1997, Husband, a police officer at the time, allegedly shot Wife in the hand while they were arguing.

In 2001, Wife obtained an injunction for protection against domestic violence, or order of protection, against Husband. Wife alleged that Husband dragged her by her legs, down stairs and out of a house, while threatening to kill her.

Wife dismissed her case a few weeks later.

Recently, Husband and Wife were in the process of divorcing.

Wife went missing.

Police found Wife’s body in the trunk of her car. On the day they had a hearing in divorce court. She had been shot to death.

Wife’s Sister has Son with her.

Sister and Son are reportedly terrified of Husband, with Son believing that Husband murdered Wife.

At the suggestion of police, Sister seeks an emergency injunction for protection against domestic violence, or order of protection, against Husband for the protection of Son and his half-siblings and Sister’s entire family.

Husband has not been named as a suspect at this time.

Husband’s whereabouts are unknown.

Read more in this Chicago Southtown Star article: Family of murdered mom fears husband.

Share
Posted in Uncategorized

South Carolina Man Awarded Sole Custody As Psychological Parent of Child Not Related to Him Biologically

South Carolina Man and Woman live together.

Woman has a Son.

Man acts like any good father would toward Son.

Drives him to school. Roots for him at his ball games. Attends parent-teacher conferences. Etc., etc.

One thing is missing …

A paternity test does not bear out a biological connection between Man and Son.

Man and Woman eventually break up.

But Man and Son do not want to break up with each other.

Man goes to court to obtain visitation, arguing that he is Son’s psychological parent, the father figure in Son’s life.

But the court rules against him, because Son knows that Man is not his biological father and that someone else is.

Man appeals. And the South Carolina Court of Appeals agrees with Man.

Court awards Man visitation with Son.

Shortly before Father’s Day, Man won full custody of Son by agreement with Woman after a six year court battle.

Read more in this [Charleston, SC] Post and Courier article: Helping set legal precedent, man gains custody of boy he helped raise.

Share
Posted in Uncategorized

Securities and Exchange Commission Takes an Interest in a Divorce

Husband and Wife divorce.

Husband used to work for large software company.

Husband’s financial disclosure in divorce reveals two large payments and anticipates a further large payment from a so-called hedge fund.

Wife seeks a share of such monies. Husband impliedly disputes her right.

Further complication …

The Securities and Exchange Commission (SEC) reportedly previously investigated suspicions of insider trading between Husband and the hedge fund in stock of Husband’s former employer.

SEC has reopened the investigation since certain information and evidence came to light in the divorce case.

Wife was supposedly in possession of Husband’s computer’s hard drive, which may have had evidence stored on it. The SEC subpoenaed the drive.

Family court judge ordered that $250,000 of past payments from the hedge fund to Husband be held in escrow pending outcome of the SEC investigation.

Read more in this Washington [DC] Examiner article: Conn. divorce judge puts $250K into escrow and this Washington [DC] Post article: SEC Reopens Insider-Trading Probe

Share
Posted in Uncategorized

If You Want Speedy Justice, Head for Criminal Court, Not Family Court

In the criminal courts, the defendant can insist on speedy justice.

Not so the litigants in family court, which often operates in a virtual time warp.

Husband and Wife live in North Carolina. They have two children.

Wife files for divorce.

North Carolina Court grants permission for Wife to relocate to Rhode Island, but allows for visitation by Husband each month in both states.

The Wife reportedly tries to block Husband’s visitation and cut Husband out of the children’s lives by accusing Husband of everything from harsh discipline of the children to neglecting them to watch pornography on the internet.

Wife also obtains an injunction for protection against domestic violence, or order of protection, against Husband – in Rhode Island.

Not buying it, the North Carolina Court orders Wife to return with the children to live in North Carolina.

Unhappy with the North Carolina ruling, Wife tries to do an end run around the North Carolina courts and seeks emergency jurisdiction in Rhode Island.

Which Rhode Island’s family courts exercise … repeatedly.

Having apparently exhausted his remedies in North Carolina, Husband appeals in Rhode Island.

And Husband wins …

A mere seven years later.

The reasons Husband wins are because:

  1. North Carolina validly exercised jurisdiction in the first place and
  2. Emergency jurisdiction is inherently temporary in nature
  3. .

Read more in this Providence Journal news blog post: R.I. Supreme Court: Mother, children must return to N.C.

Share
Posted in Uncategorized