Legal Opinion

J. D. v. N. D.

New York City Family Court

Decided October 8, 1996PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Howard Spitz, J.

*878With the enactment of chapter 85 of the Laws of 1996, the court is now mandated to factor "domestic violence” into a custody determination, but the statute is silent as to its exact definition. However, a careful reading of it shows that domestic violence is not limited to overt acts of violence which cause physical injury. The Legislature implicitly recognized that domestic violence is not a static concept, when it stated in section 1 of chapter 85 of the Laws of 1996 that: "A home environment of constant fear where physical or psychological violence is…

2Cases cited3 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
  3. Pasco v. NolenAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by3 opinions

  1. In re Lonell J.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Peters v. BlueNew York Family Court · 1997
  3. Smith v. PurnellAppellate Division of the Supreme Court of the State of New York · 1998

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