In Matter of Emily I. v. Amy J. , Emily's father wanted the Lawrence County Family Court to declare the child a victim of abuse.
When Amy realized there was no possibility the couple would reconcile, she shot and seriously injured Emily's dad while he held the infant.
After Amy was charged with attempted murder and reckless endangerment, the father filed the Family Court proceeding. Although she asked the judge to postpone the matter while her criminal case was pending, her request was denied and the Family Court ultimately found against her.
On appeal, the Appellate Division, Third Department, noted the Family Court has the discretion to allow a hearing to proceed, even though a criminal case may be ongoing. Here, no error could be discerned because a delay wasn't in the child's best interests and the Family Court didn't draw an unfavorable inference from Amy's refusal to testify.
If you believe that ....
To download a copy of the Appellate Division's decision, please use this link: Matter of Emily I. v. Amy J.