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All posts tagged with Two Court Systems
Steve seeks a Temporary Order of Protection in New York. The TOP is granted. At the evidentiary hearing, Tara and her attorneys fail to appear. Twice. A second default is entered. Judge Humphreys recuses himself.
The case passes to a fourth judge. Schauer vacates the Horowitz default and issues two temporary orders of protection — one against each party. The poisoner and the poisoned are treated as symmetrical threats. Steve tells the court a permanent temporary order does not give him a chance to face his accuser. The court tells him he is muddying the record.
Brienne Walsh had been writing about the household for years. Her deposition was taken September 29, 2020. Under oath, she confirmed the abuse. She confirmed the CPS calls. The family screamed at her for testifying. Her testimony was admitted at trial without objection.
The Appellate Division, Second Department rules: the default did not occur. The blanket deletion order was not tailored as precisely as possible to the exact needs of the case. 214 A.D.3d 890. Two holdings that dismantle the foundation. The Family Court does not act.
The civil battery case reaches trial in San Francisco Superior Court. A different courtroom. Twelve neutral citizens. Abby Tedla testifies. Brienne's deposition is admitted without objection. The jury hears the full story for the first time.
The verdict: battery, fraud, intentional infliction of emotional distress, domestic violence — with a finding of malice. Eleven to one. Approximately three hundred thousand dollars. The vote was not close.
Tara appeals the battery verdict. Three arguments. The appellate court finds none of them persuasive. The jury's findings survive review. The judgment is domesticated in the same county where the family court orders remain in effect.