Monthly Archives November 2018

DC CHILD CUSTODY JURISDICTION & VARIATIONS

Generally the DC Courts are inclined to confer and extend jurisdiction to litigants rather than declining it. This blog details some of original, continuing, and non-conventional child custody jurisdictional parameters and scope. Initial child-custody jurisdiction District has jurisdiction to make an initial child-custody determination under one of the three criteria: 1 )  The District is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and if the child is currently absent from the District, a parent or
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REVERSAL DUE TO FAULTY JURY INTRUCTIONS: RECENT DC COURT OF APPEALS DECISION:

The Court of Appeals in Coley v. U.S., decided on November 15, 2018, reversed several felony convictions due to faulty jury instructions by the trial judge. Initially during the jury polling, one of jurors expressed disagreement with the verdict, which was announced to be unanimous. The trial judge appropriately at that time instructed the jury as such and according to the Jury Instruction 2.603: “[I]n the poll of the jury, it’s become apparent that you may not have reached a unanimous verdict. Now, for this reason I’m going to ask you to return to the jury room for further consideration
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TEMPORARY RESTRAINING ORDER (TRO) v. TEMPORARY PROTECTION ORDER (TPO): DC FAMILY LAWYER

Although the Temporary Restraining Orders (TRO) and the Temporary Civil Protection Orders (TPO) sound similar, the eligibility, process and enforceability of the orders are vastly different. To be eligible to file for TPO/CPO one must meet either the interpersonal violence, intimate partner violence, or the intrafamily violence criteria. Interpersonal violence is defined as an act or a criminal offense that is committed or threatened to be committed upon a person: With whom the offender shares or has shared a mutual residence; or Who is or was married to, in a domestic partnership with, divorced or separated from, or in a
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CRIMINAL & CIVIL CONTEMPT IN DC: DC FAMILY LAWYER

The contempt powers of the court are divided into both criminal and civil contempt. Generally criminal contempt is reserved where there is willful and blatant violation of court order where as the civil contempt is reserved for non-compliance or neglect of a court order. In another word: Criminal contempt is a violation of the law, a public wrong which is punishable by fine or imprisonment or both. And the Civil contempt: is a sanction imposed by the court to enforce compliance with a court order or to compensate a party for losses or damages caused by noncompliance with a court
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