Legal Opinion
Jose M. v. Tatianna T.
New York Family Court
Decided January 18, 2011PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
W. Dennis Duggan, J.
The petitioner in his family offense petition alleges that “around May 2007 . . . [his wife] banged [his] head against the *949wall bit [his] head, drew blood.” He also alleges that in 2005, his wife assaulted him by slapping his face while he was incarcerated. The parties have no children.
The issue in this case is whether the petition should be dismissed because the allegations are stale. Family Court Act § 812 (1) was amended, effective August 13, 2010, to add the following: “[A] court shall not deny an order of protection, or dismiss a petition, solely…
2Cases cited6 opinions
- Hall v. HallAppellate Division of the Supreme Court of the State of New York · 2007
- Yoba v. YobaAppellate Division of the Supreme Court of the State of New York · 1992
- Swersky v. SwerskyAppellate Division of the Supreme Court of the State of New York · 2002
- Thomas v. ThomasAppellate Division of the Supreme Court of the State of New York · 2006
- Ann P. v. Nicholas C.P.Appellate Division of the Supreme Court of the State of New York · 2007
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ovsanik v. OvsanikAppellate Division of the Supreme Court of the State of New York · 2011
- OVSANIK, DIANA M. v. OVSANIK, RONALD P.Appellate Division of the Supreme Court of the State of New York · 2011