Objection (Tango)
When a witness has present knowledge but has momentarily forgotten, you can ask the court to do this
What is refresh their recollection?
The burden of proof for a violation of an order of protection
What is a willful violation by clear and convincing evidence?
The standard of proof for modification of custody
What is substatantial change in circumstances + best interests of child, by fair preponderance of evidence?
What is 120 days?
Parentage can be established through marriage, an acknowledgement of parentage, or this
What an order of filiation?
When a Respondent doesn't take testify during a family court case and asserts his Fifth Amendment privilege, you should do this
What is ask the Court to draw a negative inference?
What is affinity? (any legal marriages that tie you to a person)
The seminal case in NY governing relocation
What is Tropea v. Tropea?
Before filing for divorce, you must satisfy residency requirements and also this
What are grounds for divorce (pursuant to DRL 170)?
The basic support award (in a percentage) for one child
What is 17%?
The proper objection when Opposing Counsel seeks to enter uncertified copies of documents showing your client's Virginia license was suspended under the business records exception
What is uncertified and not authenticated (pursuant to CPLR 4540)?
While limited discovery is allowed in family offense cases, you can request this to get more information
What is a bill of particulars? (CPLR 3041 and 3042 - not a discovery device. It is an amplification of pleadings, it is a statement of what the provider intends to prove, not a statement of facts made under oath).
When a non-parent petitions for custody, they must show this
What are extraordinary circumstances + best interests?
To preserve assets or money in a divorce such as in a safety deposit box, you may want to file this
What is an Order to Show Cause for a restraining order?
If a client is on public assistance and does not want support, they can do this with OCSE
What is a file a DV waiver?
The proper objection for a request to have a child testify at an in camera hearing in a family offense trial
What is hearsay (no exception under 1046(a)(vi) for statements made by child about abuse or neglect because this is not a CP proceeding)
Preventing someone from calling 911 constitutes this family offense
What is criminal mischief (in the 4th degree)?
When a court may deny visitation
What is when there is substantial evidence that such visitation is detrimental to the children's welfare
This useful provision presumes the authenticity of a document produced by opposing party in response to a discovery demand
What is CPLR 4540-a?
A substantial change in circumstances to modify would be 3 years have passed since the last order was entered or modified, incarceration, or this
What is a change in either parent’s gross income by 15% or more?
The request you can make when your client testifies that Respondent abused drugs while caring for their child
What is allow pleadings to be amended to conform them to evidence (CPLR 3025(c)?
A court may find criminal obstruction if a respondent applies pressure to the petitioner's throat or neck, or does this
What is block the nose or mouth of such person?
Bases or reasons to request a forensic evaluation
What are drug abuse, mental illness, parental alienation, alcohol abuse, child severely autistic or medical issue, parental unfitness, child abuse or neglect, and/or domestic violence allegations?
The destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence
What is spoiliation? (CPLR 3126 governs remedies)
Reasons to request the court impute income to opposing party
What are (i) where a party’s lifestyle is inconsistent with his claimed income, (ii) where a court discovers that a party has concealed assets and income, (iii) where the party simply fails to preserve or produce accurate evidence as to his or her finances, or (iv) manner in which the income is received is disguised.