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Implied Threat on Facebook Insufficient to Support Stalking Conviction

Last month, the Massachusetts Supreme Judicial Court (SJC) held that a Facebook profile may constitute a “threat” within the meaning of the Massachusetts stalking statute. However, a profile that is merely “vaguely ominous or...more

Challenging So-Called “Objective” Psychological Tests: The Use And Abuse Of Psychological Testing In Trials, Sentencing, Parole...

Criminal and civil courts and the New Jersey State Parole Board have accepted the use of psychological testing as an important component of making legal and factual determinations in both the civil and criminal litigation and...more

What is Custodial Interference?

Custodial interference is a felony. A person commits custodial interference if they keep the child from the parent who should have time with the child. Although the statutes in Arizona take custodial interference seriously,...more

Supreme Court Update: Jennings V. Stephens And Order List

Greetings, Court fans! We're back with breaking news on the certiorari front, along with a summary of one of Wednesday's decisions, Jennings v. Stephens (13-7211), on the application of certain longstanding principles of...more

NJ Assembly Passes Crime-Fraud Exception to Spousal Privilege

On December 15, 2014, the NJ Assembly passed legislation that would create a crime-fraud exception to the spousal privilege. The measure, A-3636, was a response to the decision in State v. Terry. In the case, a married couple...more

Guarding against a Trust's Destruction by Merger

A trust is not a trust if the “trustee” alone holds legal title to the subject property and alone possesses the entire beneficial/equitable interest. Instead, he owns the subject property outright and free of trust, all...more

Supreme Court Update: Carroll V. Carman (14-212), Johnson V. City Of Shelby (13-1318) And Order List

Greetings, Court fans! We're back with decisions two and three of OT14 (did you already forget about Lopez v. Smith?) as well as last week's news of cert petitions granted and likely to be granted. Police officers...more

Virginia Supreme Court Opinions Affecting Local Government Law: October 31, 2014

Happy Halloween! The Virginia Supreme Court issued opinions on Halloween this year. A complete coincidence, but I do hope that nothing in this term’s opinions has scares you! This term resulted in two cases related to...more

Domestic Violence and Divorce

Thanks to the NFL these past few weeks, domestic violence has gained national attention and even received a comment from the President of the United States. However, domestic violence (“DV”) is bigger than most American’s...more

I think my spouse is cheating. Is it a crime to spy on them?

Unexplained absences, secretive phone calls, late nights at the office – all telltale signs that your spouse may be up to no good. With advances in technology it has become easier and easier for suspicious spouses to snoop on...more

7 Facts Every Judge and Attorney Should Know When Domestic Violence Involves Strangulation

The arrests of Ravens running back Ray Rice and San Francisco 49er defensive tackle Ray McDonald have, once again, thrust the ugly specter of domestic violence into the forefront of American consciousness. One of the most...more

Time Out for Domestic Violence #FamilyLawAttorney

As a family law attorney and as a private citizen, I find it very disturbing to hear about the recent events involving professional football players Ray Rice and Adrian Peterson which has highlighted both the prevalence and...more

Off-Duty Domestic Violence — What’s An Employer To Do?

Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological trauma, or court appearances. She (or he – men can be...more

Communications Between Spouses: Are They Privileged When Wiretapped?

The New Jersey Supreme Court decided that a couple’s private communications remain protected under the marital communication privilege pursuant to N.J.R.E. 509 despite those communications being wiretapped by State...more

Affluenza – Is It Contagious?

Taking advantage of his car dealership owning parents being on vacation in the Bahamas, Cache Bar, a minor, invites his high school buddies over to liberate his parents’ locked libation cabinet. Well lubricated, Cache builds...more

Woman Scorned Tries to Poison Husband’s Pregnant Mistress

Recently, the Supreme Court issued a decision n which the facts of the case could be used for the screenplay for a v. bond In a small Philadelphia suburb, a husband and wife were experiencing marital...more

South Carolina Legislative Update - May 2014

“Crossover” Complete - The General Assembly’s May 1 “crossover” deadline requires bills to move from one legislative body to the other or require a two-thirds vote for consideration in the receiving chamber for bills...more

A Sense of Security with Orders of Protection in Arizona

Going through a divorce or a dispute in your personal life can be stressful, especially if you fear the safety of yourself and loved ones. Orders of protection are one way you can protect you and your family if you feel...more

6 Defenses To International Child Abduction

A parent who moves with a child from the child’s home country to another country, or retains the child in the other country, may face accusations that the move or retention is wrongful. The parent who stays behind may assert...more

BB&K Police Bulletin: Taking Custody of Minor from School: Officers Entitled to Qualified Immunity from Claims of Unlawful Arrest...

Overview: The Ninth Circuit Court of Appeals recently ruled that Sonora police officers were entitled to qualified immunity from claims alleging unlawful arrest and use of excessive force on an “out-of-control” juvenile. ...more

“Love and Marriage” – New Jersey Supreme Court Poised to Determine Whether the Marital Privilege Can Defeat Wiretap Evidence

In Brief - Over the past four years, the government has broadened the use of wiretaps to include insider trading, and to great success (the recent convictions of Raj Rajaratnam and Rajat Gupta serve as examples of...more

Schuyler teens ordered to detention after drinking party allegations

A pair of Schuyler County teenagers were detained by the Family Court on Thursday, following allegations of an underage drinking party and other misbehaviors earlier this year. According County Attorney Geoffrey Rossi, the...more

Steven Getman: Legal Links of interest for the week ending July 27

Steven Getman: Legal Links of interest for the week ending July 27 SUNDAY, JULY 28, 2013 Steven Getman, attorney, reports on some news stories about lawyers and the law in the past week: Cuomo signs bill to bolster...more

Domestic Violence Revisited

I hope you all had a terrific Fourth of July! I also hope that you were not a victim of domestic violence over a long, hot holiday weekend....more

Safe Haven For New Mothers

The first Safe Haven law in Illinois was unanimously passed both the Illinois House and Senate and was signed into Illinois law in August of 2001....more

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