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DecisionsSingle act of domestic violence sufficient for finding of neglect

June 16, 2020

So ruled the New York Family Court and upheld by the appellate division in Matter of Mateo M.S.J. (Daniel M.A.) where the respondent struck the mother in the arm with a cell phone while she was holding the child and that the child was “paralyzed” appeared afraid and later refused to eat.

The appeals court stated that an application to dismiss in the interests of justice was not preserved. So that was interesting because usually an oral application to dismiss during summation is seen by trial practitioners to preserve that – indicating that perhaps more is required to preserve those rights. It is unclear whether that facet would have prevailed in this case, or perhaps whether there was more to this than met the eye but not discussed in the appellate record.

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About the author:

Founder and Principal Attorney at the Law Office of Bryan Greenberg LLC, Middlesex County, NJ. With an unwavering commitment to guiding individuals through the complex and emotional landscape of divorce and family law matters, Bryan stands as the founding attorney of Law Office of Bryan Greenberg. Backed by years of legal expertise and a deep understanding of Middlesex County's legal landscape, Bryan is dedicated to offering compassionate yet pragmatic solutions to every client's unique situation. Through insightful blog posts, Bryan shares valuable insights, tips, and advice on navigating the challenges of divorce and family law, helping individuals make informed decisions during these critical life transitions. For comprehensive legal guidance and empathetic support, turn to Bryan Greenberg and the team at the Law Office of Bryan Greenberg.

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