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Toby Kleinman

Toby Kleinman

June 22, 2022 | New York Law Journal

What 'Safety First' for Children Should Mean

Child safety must be addressed properly by the courts as required by the Constitution.

By Toby Kleinman and Daniel Pollack

6 minute read

May 20, 2022 | New York Law Journal

Parent Alienation and How To Survive Attacks

Advocates for protective parents need to be prepared to actually litigate when it comes to child protection and to be knowledgeable as to how to deal with attacks on good parents.

By Toby Kleinman

24 minute read

April 07, 2022 | New York Law Journal

Preparing Evidence for Use as Exhibits at Trials Involving Domestic Violence

Any and all potential evidence should be maintained, organized and useful for trial.

By Toby Kleinman and Daniel Pollack

10 minute read

February 24, 2022 | New York Law Journal

Opening and Closing Statements at Domestic Violence Hearings 

Opening statements offer the ability for the use of language that a court will remember, often using a mantra that gets repeated during the testimony and at closing.

By Toby Kleinman and Daniel Pollack

7 minute read

December 28, 2021 | New York Law Journal

Pushing Contempt in Domestic Violence Cases

Attorneys should seek to have a good rapport with a judge except where it interferes with appropriate, zealous advocacy. It is better to have a judge's respect for proper advocacy than to be thought of as "nice."

By Toby Kleinman and Daniel Pollack

5 minute read

December 22, 2021 | New York Law Journal

Changing Attorneys Once Divorce Proceedings Have Started

There are times when clients change their attorney multiple times or the adversary attempts to use changes of attorney against the litigant in a negative or derogatory fashion. Why does this happen and what can be done?

By Toby Kleinman and Daniel Pollack

5 minute read

August 27, 2021 | New York Law Journal

Helping Domestic Violence Survivor Clients After the Case Formally Ends

Where a family matter involves domestic violence, there are several things attorneys and their survivor clients should know.

By Toby Kleinman and Daniel Pollack

5 minute read

April 14, 2021 | New York Law Journal

When To File an Emergency Appeal in Family Court

Where a child has disclosed abuse, the child needs immediate protection and the court is place to go, because unlike Child Protective Services, the court has the power to stop contact between a child and a parent. To succeed with an emergent appeal, however, one must understand the high standards to prevail. In their Family Law column, Toby Kleinman and Daniel Pollack examine the issues involved with these appeals.

By Toby Kleinman and Daniel Pollack

12 minute read

March 01, 2021 | New York Law Journal

Seeking a Protective or Restraining Order Where Children Are Involved

A protective order cannot guarantee the abuse will stop and the victim and children will be safe. Nonetheless, it is a critical step to take because it helps to legally document the abusive experience.

By Toby Kleinman and Daniel Pollack

6 minute read

November 04, 2020 | New York Law Journal

Domestic Violence and Mental Health Issues in Court

Whether a domestic violence victim is representing herself or being represented by an attorney, the goal is the same: Convince the court of her own veracity and be skeptical of the other side. How is that possible when a pejorative mental health label may have been pinned onto her? In their Family Law column, Daniel Pollack and Toby Kleinman examine ways for an accuser to bolster credibility.

By Daniel Pollack and Toby Kleinman

5 minute read