EXPOSING CHILD TO DOMESTIC VIOLENCE

The ending here is different than HBO's courtroom scene finale in Big Little Lies.

Matter of Jayce J. v. Jaquana J., Date filed: 2019-07-29, Court: Family Court, Bronx, Judge: Judge Michael Milsap, Case Number: NN-34471-2/18:

"….It is clear there is a history of domestic violence between Mr. M. and Ms. J. and that such violence has occurred in the presence of the children. In fact, respondent has filed two recent family offense petitions seeking an order of protection on behalf of herself and the children. (Docket O-XXXX/XX filed on 5/7/19 was dismissed for failure to prosecute and Docket O-XXXXX/XX filed on 6/25/19 is currently pending). The petitions allege Mr. M. has threatened Ms. J. with harm, including a threat with the use of a gun.

Pursuant to FCA §1012(f)(i)(B), a neglected child is defined as one “whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his/her parent…to exercise a minimum degree of care…in providing the child with proper supervision or guardianship, by inflicting harm , or a substantial risk thereof”.

This court entered an order of protection on 5/10/17 that required John M. to stay away from Jaquana J. and the children Avianna M. and Jayce J. except for ACS arranged visits. That order continued beyond that date and was in place when respondent Ms. J. appeared and submitted to the court’s jurisdiction. Ms. J. with counsel present was aware that the order was thereafter continued and therefore was in place on 6/4/18. Respondent acknowledged knowing that the full stay away order was in place when she initiated a meeting with Mr. M. and on that date she was assaulted by Mr. M. on the street with the children being present. It is well established that acts of domestic violence may be a basis of a neglect finding due to the children being at risk of physical or emotional harm. See In Re Mohammed J., 121 A.D.3rd 994, 995 N.Y.S.2d 126 (2nd Dept. 2014); In Re Jordan E., 57 A.D.3d 539, 869 N.Y.S.2d 162 (2nd Dept. 2008). Additionally, a neglect finding may be based on a parent’s failure to protect a child from continued exposure to domestic violence. Katherine GG v. Kenneth II, 254 A.D.2d 538, 678 N.Y.S.2d 689 (3rd Dept. 1998). Respondent Ms. J. has shown flawed parental judgment by continuing to have contact with Mr. M. with the children being present knowing of his assaultive behavior and thus knowingly exposing the children to violence with a risk of physical and/or emotional harm.

Therefore, this court enters a finding of neglect against respondent Ms. J. due to her inadequate supervision and guardianship by allowing the children to be exposed to domestic violence despite an order of protection that was in place to protect the children from further exposure to such."