Having been involved in family law disputes for two decades,
I have seen the horror of domestic abuse, including a young
woman who was killed by her husband, one who was raped and
severely beaten, and countless others, including men, women,
children and seniors, who were otherwise abused physically,
emotionally or financially.
My daughter Grace McDermott made the below video for a
social media class at college.
It is a graphic reminder of the brutal reality of
domestic abuse. I am proud of her efforts to bring
continuing attention to this difficult problem.
http://www.youtube.com/watch?v=jOBwfQP3hqY
Copy the link and post it in your browser to view.
It is a tough one to watch, but a great reminder that anyone
on the receiving end of abuse should get out and get help
before it goes terribly wrong.
For help with an abuse problem call:
NATIONAL DOMESTIC VIOLENCE HOTLINE 1-800-799-7233
ELDER ABUSE IN NEW YORK STATE: 1-800-342-3009 (Press Option 6)
CHILD ABUSE IN NEW YORK STATE: 1-800-342-3720
Robert G. McDermott, Esq.
Tel. 631-414-0094
Email: bob@mcdermottlaw.com
Web: www.mcdermottlaw.com
Thursday, October 07, 2010
Monday, August 16, 2010
NO-FAULT DIVORCE FINALLY A REALITY IN NEW YORK
It was announced today (August 16, 2010) by Governor Paterson's office that Governor
Paterson signed into law a package of four bills that would bring significant reform to New York's outdated divorce laws. In particular, the Governor signed into law
A.9753A/S.3890, which would make New York the last State of the fifty to adopt no-fault divorce. The bill would end the requirement that a party seeking a divorce had to claim one of a limited set of reasons as the basis for doing so, a rule that forced parties to invent false justifications, and that prolonged and aggravated the painful divorce process.
The reform package also included legislation that would revise the process for setting awards of temporary maintenance while a divorce is pending, by creating a formula and list of factors that would presumptively govern such awards (A.10984/S.8390 and A11576/S.8391). This would allow for speedy resolution of the maintenance issue, and prevent less well-off parties to divorce proceedings from falling into poverty during litigation, because they lack the resources to obtain a temporary maintenance order. Another bill (A7569-A/S4532-A) would create a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys' fees.
Under current law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means. These bills received strong support from women's groups, advocates for victims of domestic violence and legal aid organizations.
"Finally, New York has brought its divorce laws into the twenty-first century," Governor Paterson said. "These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons – too often women – who did not have sufficient financial wherewithal to protect their legal rights. I commend the sponsors on providing a real and effective legislative solution to a problem that has for too long bedeviled ordinary New Yorkers."
We will provide you with more updates concerning the effect of these important new laws as they become available.
Robert G. McDermott, Esq.
Tel. 631-414-0094
Email: bob@mcdermottlaw.com
Web: www.mcdermottlaw.com
August 16, 2010
It was announced today (August 16, 2010) by Governor Paterson's office that Governor
Paterson signed into law a package of four bills that would bring significant reform to New York's outdated divorce laws. In particular, the Governor signed into law
A.9753A/S.3890, which would make New York the last State of the fifty to adopt no-fault divorce. The bill would end the requirement that a party seeking a divorce had to claim one of a limited set of reasons as the basis for doing so, a rule that forced parties to invent false justifications, and that prolonged and aggravated the painful divorce process.
The reform package also included legislation that would revise the process for setting awards of temporary maintenance while a divorce is pending, by creating a formula and list of factors that would presumptively govern such awards (A.10984/S.8390 and A11576/S.8391). This would allow for speedy resolution of the maintenance issue, and prevent less well-off parties to divorce proceedings from falling into poverty during litigation, because they lack the resources to obtain a temporary maintenance order. Another bill (A7569-A/S4532-A) would create a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys' fees.
Under current law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means. These bills received strong support from women's groups, advocates for victims of domestic violence and legal aid organizations.
"Finally, New York has brought its divorce laws into the twenty-first century," Governor Paterson said. "These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons – too often women – who did not have sufficient financial wherewithal to protect their legal rights. I commend the sponsors on providing a real and effective legislative solution to a problem that has for too long bedeviled ordinary New Yorkers."
We will provide you with more updates concerning the effect of these important new laws as they become available.
Robert G. McDermott, Esq.
Tel. 631-414-0094
Email: bob@mcdermottlaw.com
Web: www.mcdermottlaw.com
August 16, 2010
Wednesday, June 09, 2010
UPSTATE NY WOMAN CRIMINALLY CHARGED FOR COMMITTING ADULTERY
IF YOU CHEAT ON YOUR SPOUSE COULD YOU FACE CRIMINAL CHARGES IN NEW YORK ?
It is a story that has been reported by ABC News, The New York Daily News, and even papers in Europe (http://www.dailymail.co.uk/news/worldnews/article-1285015/Suzanne-Corona-face-adultery-charge-having-sex-US-park.html).
Police in upstate Batavia, New York found 41-year-old Suzanne M. Corona and 29-year-old Justin Amend engaged in a burst of passion on a table in Farrall Park at about 5:15 p.m. on Friday afternoon June 4, 2010.
After being observed engaging in sexual intercourse on a picnic table in the public park, both Ms. Corona and Mr. Amend were charged with public lewdness.
The public lewdness charge was not much of a surprise.
The second charge levied against Mrs. Corona, a married woman, was more unusual.
Mrs. Corona was also criminally charged with adultery, becoming one of a small handful people in New York State history to face the charge.
"It's a charge that all of our officers are aware of, but we don't come across it very often," Officer Eric Hill, a Batavia police spokesman, told the Democrat and Chronicle. "It's not very often you have people engaging in sexual activity in a park in broad daylight. This particular circumstance met all the criteria for the charge."
Only about 12 other people have been charged with the crime in nearly 40 years, according to experts.
Adultery and public lewdness are both misdemeanors, punishable by up to 90 days in jail or a $500 fine.
Section 255.17 of the New York State Penal Law criminally prohibits adultery,
providing, “A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Adultery is a class B misdemeanor.” A class B misdemeanor is punishable by up to 90 days in jail or a $500 fine.
A copy of the court papers detailing the charges are available on the internet at
http://www.13wham.com/media/lib/16/7/9/0/7900502d-fdb4-4962-b867-eede6e159b1f/Batavia_Adultry_Case.pdf.
Given that prosecutors who are trying to jail murderers, rapists, robbers and drunk drivers seem to have little interest in prosecuting most married folks with girlfriends or boyfriends on the side, one doubts that such prosecutions would become a new trend; however, the law remains on the books in New York.
The choice of a picnic table in a public park on a Friday afternoon in broad daylight was undoubtedly not the most prudent location for these lovebirds to express their extreme, non-marital fondness for one another.
In addition to criminal charges, you have to wonder if they got splinters, too.
It is a story that has been reported by ABC News, The New York Daily News, and even papers in Europe (http://www.dailymail.co.uk/news/worldnews/article-1285015/Suzanne-Corona-face-adultery-charge-having-sex-US-park.html).
Police in upstate Batavia, New York found 41-year-old Suzanne M. Corona and 29-year-old Justin Amend engaged in a burst of passion on a table in Farrall Park at about 5:15 p.m. on Friday afternoon June 4, 2010.
After being observed engaging in sexual intercourse on a picnic table in the public park, both Ms. Corona and Mr. Amend were charged with public lewdness.
The public lewdness charge was not much of a surprise.
The second charge levied against Mrs. Corona, a married woman, was more unusual.
Mrs. Corona was also criminally charged with adultery, becoming one of a small handful people in New York State history to face the charge.
"It's a charge that all of our officers are aware of, but we don't come across it very often," Officer Eric Hill, a Batavia police spokesman, told the Democrat and Chronicle. "It's not very often you have people engaging in sexual activity in a park in broad daylight. This particular circumstance met all the criteria for the charge."
Only about 12 other people have been charged with the crime in nearly 40 years, according to experts.
Adultery and public lewdness are both misdemeanors, punishable by up to 90 days in jail or a $500 fine.
Section 255.17 of the New York State Penal Law criminally prohibits adultery,
providing, “A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Adultery is a class B misdemeanor.” A class B misdemeanor is punishable by up to 90 days in jail or a $500 fine.
A copy of the court papers detailing the charges are available on the internet at
http://www.13wham.com/media/lib/16/7/9/0/7900502d-fdb4-4962-b867-eede6e159b1f/Batavia_Adultry_Case.pdf.
Given that prosecutors who are trying to jail murderers, rapists, robbers and drunk drivers seem to have little interest in prosecuting most married folks with girlfriends or boyfriends on the side, one doubts that such prosecutions would become a new trend; however, the law remains on the books in New York.
The choice of a picnic table in a public park on a Friday afternoon in broad daylight was undoubtedly not the most prudent location for these lovebirds to express their extreme, non-marital fondness for one another.
In addition to criminal charges, you have to wonder if they got splinters, too.
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