I kid you not, a Judge in Florida had to deal with what he characterized as “very minor” domestic violence between a husband and wife.
The Judge’s sentence???
The Husband is to buy the wife some flowers, take her for a nice meal at Red Lobster, and then take her bowling!
(There was no indication as to whether the Judge expected the man to pay for the meal, or to let her win at bowling!)
You can find the Article here:Judge orders man to take his wife on a bowling date.
I’m not one to minimize domestic violence, but the article describes the guy as grabbing his wife by the throat!
I can guarantee that Judge Haendiges in Erie County, NY’s IDV part (that’s Integrated Domestic Violence… pray you never have to appear there) is not quite so forgiving with people who grab their spouses by the throat, and rightfully so!
But another part of me thinks this might not be such a bad idea in some cases. The ones that come to mind are for Aggravated Harassment in the Second Degree. This diabolical law says that you can basically be found guilty for communicating with a person for the sole purpose to harass or annoy by telephone in a manner likely to cause annoyance. That’s a class A Misdemeanor (A crime punishable by up to 1 year in prison).
I will go out on a limb here and say I think it would be difficult, nay… impossible, to find a single marriage in the USA, of more than 2 years, where one spouse has not called the other on at least one occasion, pissed about something, with the specific intent to cause annoyance to the other spouse! This is a stupid law. It is on the books and people get slammed by it every day in IDV.
A number of these cases might just benefit by a sentence of flowers, Red Lobster & Bowling. Maybe Courts should try to HELP a relationship instead of sending people to jail for making a telephone call? What do you think?
P.S. I like Red Lobster! Try the Lobster Chops, they melt in your mouth!
So… a couple braniacs in New Jersey named their kid Adolf Hitler.
Story here.
And then they had a couple more kids, who they named after other nazis.
All the kids have been taken from them and are now in foster care.
Regardless of the distaste that the vast majority of human beings hold for Adolf Hitler and nazis in general, should the government be allowed to tell us what we may or may not name our children?
Sure those kids are in for a life of prejudice, beatings on the playground, and being laughed at. But many people find other names equally disdainful.
Several religions prohibit certain names for children as being offensive (Muslims prohibit the name “Allah” or anything that is too similar; several Christian sects prohibit the name “Jesus” being given to an infant, but we don’t see thousands of Hispanic-Americans who name their kids Jesus being hauled away). So what exactly makes one name more offensive than another? What makes a name so bad, that the government will take your child away if you bestow it upon your child?
Is it genocide? If so, we need to lock up everyone of Slavic persuasion who has named their child “Vlad.” After all, Vlad the Impaler killed about 40,000 (give or take a few thousand) by publicly impaling them.
Why not take the children of all the Italians who name their kid Benito (Mussolini killed about 300,000)
Or the Russians who name their kids Josef (Stalin killed about 23million people)?
Or Chinese people who name their child Mao (Mao Zedong killed between 49 and 78 million people depending on the source)?
Charles Taylor killed 220,000 in the Liberian genocide between 1989 and 1996. Should my parents be faced with government reprisals for naming me Charles?
The names of some of the worst genocide perpetrators in history are not off limits. Why should Adolf Hitler be?
Now before you go thinking I’m some kind of nazi sympathizer, or Hitler lover, let me set that record straight. I am neither.
But I do believe that everyone in America should be free to name their kid whatever they want, free from government interference.
If you want to name your new twins Bevis & Butthead, more power to ya! Want to name your baby boy Satan? Have at it. How about naming your kid “Big-Dumb-Jerk-Baby?” Fine with me. How about naming your new-born daughter “Slut?” Well, if you think it’s appropriate, go to town.
The fact that I don’t like the name you choose for your kid should not be open to public debate or governmental inquiry.
If you want to name your child something that you like, but may subject him or her to ridicule and derision by the masses, that’s your decision. It might be a bad one, and your kids will probably not thank you for it, but it is yours none the less.
Johnny Cash wrote a whole song about the topic! A Boy Named Sue.
One of the most cherished and sacrosanct concepts in American law, enshrined in our Constitution, is the right to free speech. I think that Evelyn Beatrice Hall put it best when she wrote: “I disapprove of what you say, but I will defend to the death your right to say it.”
What do you think?
Nov 16
Unable to pay child support, poor parents jailed – US news – Crime & courts – msnbc.com.
In New York State, parents have an obligation to support their children. Once a child support Order has been made, the obligation becomes something less than an altruistic ideal, and more of a monthly bill. Sometimes people fall behind in child support payments. This is termed by our legal system as falling into “arrears.” Arrearages are a bad thing, from everyone’s perspective. From the child’s point of view, they may not have enough to eat. From the custodial parent’s point of view, they may not have enough to pay the heating bill. But from the paying parent’s point of view, he or she could be facing jail time.
In New York State, once arrearages accrue (meaning they add up), the parent who is to receive child support may file a petition in Family Court. If the paying parent is found to have WILLFULLY failed to pay the support as it was ordered, that parent can be subject to jail time.
A surprising percentage of people jailed are able to miraculously make money appear, seemingly from thin air, where they previously maintained none was to be had. On the other hand, some sit in jail. The moral of the story is if you cannot pay your child support, don’t just stop paying and let the arrearages grow. For the love of Pete… DO NOT make a side deal with the recipient parent that you don’t have to pay for some period of time as these arrangements are almost never honored by the Courts (even when they are in writing, on a cocktail napkin!) and arrearages will continue growing. Speak to an attorney, consider filing a petition to modify your support obligation. Do something. Because once the arearages accrue, they generally don’t go away.
Sep 24
Divorce is a process.
Divorce is a long process.
Divorce is a long, tedious process.
Divorce is a long, tedious process that sucks the life out of you.
So, you need to remember that just because you’re going through a divorce, life goes on, and you should try to keep some sense of humor or you might just go nutz (that’s a technical legal term).
I came across this and thought I would share.
Amy Winehouse got her will right- MSN Money.
As unlikely as it may seem, Amy Winehouse was pretty savvy about her estate planning! She had recently had her will updated, and her bounty will be disposed of according to her wishes, thanks to good legal advice and her own willingness to address an issue that we all face, and all hate to think about.
Divorce can have a huge impact on your existing will. There are several different possible outcomes depending on whether one was to die during the divorce, right after the divorce without an updated will, right after the divorce with an updated will etc.
A question I often run across is whether a divorced parent can put in his or her will, that the ex-spouse is not to have custody of their children for one reason or another. What do you think the answer is?
Mosley loses title belts in divorce | Yardbarker.com.
Boxer Shane Mosley just got the decision on his divorce… his ex-wife gets to keep 3 of his title belts, one of which will go to each of his three sons as they turn 18.
Mosley is getting divorced in California, a community property state. Here in New York State, where we have equitable distribution, I tend to think he would be allowed to keep the belts, as he paid for them, literally, with blood, sweat and tears.
I think this case really highlights the difference between community property and equitable distribution states. What do you think should have happened to the belts?
On June 24, 2011, the legislature passed, and the governor signed into law, the Marriage Equality Act (DRL § 10-a, effective July 24, 2011).
Cuomo Signs Marriage Equality Act into law
The operative language is as follows:
A MARRIAGE THAT IS OTHERWISE VALID SHALL BE VALID REGARDLESS OF WHETHER THE PARTIES TO THE MARRIAGE ARE OF THE SAME OR DIFFERENT SEX.
The Act also includes extensive language to protect religious organizations and non-profits from any negative repercussions for failure or refusal to solemnize a marriage (between persons of the same or opposite sex).
Remember, before one gets married, it’s always a good idea to consult with an attorney about the possibility of a prenuptial agreement. Nobody goes into a marriage (with a partner of the same or opposite sex) thinking that it is ever going to end in divorce, but it does happen! A LOT! Having a prenuptial agreement signed before the marriage can save quite a bit of fighting at the unanticipated end of the marriage. And the divorce laws in New York are the same regardless of what sex the parties to the marriage are.
So, to all you people who are ready for a same sex marriage on or after July 24, 2011, WELCOME TO THE MARRIAGE CLUB! Enjoy the rest of your life with your chosen partner! And if the time comes when the bonds that God has created and no man should put aside need to be put aside, I’d be happy to provide you with my legal advice!
Father ruled competent for trial on molestation – Police Blotter – The Buffalo News.
I really cannot think of a more heinous crime than molesting one’s own children.
The Judge is willing to cap his sentence at 22 years if this scum takes a plea deal. What is an appropriate sentence for repeatedly molesting your own children?
I would think this deserves life in prison, myself. I’m sure certain middle-eastern countries would have a far more immediate, and permanent sentence for a person who does things like this (if the guy is guilty).
