No Contact Orders

No Contact Orders As Part Of Restraining Orders And Bail Conditions

January 3, 2018 by Leave your thoughts

ATTORNEY CRIMINALLY CHARGED In the opinion of Gallant’s Case, issued December 29, 2017, the New Hampshire Supreme Court upheld the suspension of Attorney John F. Gallant from the practice of law. The case demonstrates the intersection between family law and criminal law. Attorney Gallant represented his former law partner whose ex-girlfriend obtained a restraining order against him. Attorney Gallant was...

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A Case Concerning Pretrial Credit

December 4, 2017 by Leave your thoughts

Pretrial Credit Case In the recently issued opinion of State v Theo Bosa the New Hampshire Supreme Court had occasion to clarify how pretrial credit should be calculated when a defendant has charges pending in different courts. Theo Bosa was charged with a felony level assault of his girlfriend in Superior Court. He also had warrants that the police discovered...

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When One Spouse Dies in the Middle of a Divorce

November 14, 2017 by Leave your thoughts

Dying For a Divorce Arthur and Patricia Sweatt were going through a divorce after 36 years of marriage. Sadly, Patricia was also terminally ill. In the middle of their divorce, she filed a motion to “bifurcate” the proceedings. What this means in plain English is that she wanted to have the divorce made final while she was still alive, even...

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Witnesses in a Foreign Country

October 15, 2017 by Leave your thoughts

Three Hung Juries One of New Hampshire’s most convoluted murder cases is going forward. Back in 1988 the police charged Anthony Barnaby with stabbing two women to death. Prosecutors tried Barnaby three times in 1989 and 1990. Each of those trials, however, ended in a hung jury. This means at least one juror did not find Barnaby guilty. Back then,...

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Bad Fences Make Bad Neighbors

September 14, 2017 by Leave your thoughts

We here at Cohen & Winters don’t practice land law.  A recent New Hampshire Supreme Court decision, however, provides an interesting look at how you can lose your property rights if you aren’t careful. Trouble in Paradise The McKay family has had property in Hampton, near the beach, since 1963. In 1993 they put up a fence between their property,...

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Alimony is Unpredictable

August 16, 2017 by Leave your thoughts

“Got those alimony blues And I sure got to pay some dues” -T. Bone Walker, 1975 Long-Term Marriage In 2014, after over thirty years of marriage, Leslie and Harry Dow divorced. For most of the marriage Leslie worked at a preschool earning up to $21 per hour.  In 2010, however, she and her husband agreed she would quit her job...

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How many DWI/DUIs do you see?

August 2, 2017 by Leave your thoughts

On August 1st, 2017 the New Hampshire Supreme Court issued an opinion reversing and vacating, in part, two convictions for aggravated driving while intoxicated (DWI) for James Fogg. Mr. Fogg was operating his vehicle in Concord while under the influence of drugs. He crashed into another vehicle causing serious bodily injury to both occupants. The State elected to charge him...

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Lessons on Child Support

July 14, 2017 by Leave your thoughts

Child Support Decision A recent court decision sheds a little light on some complications that can arise in child support cases. The parents divorced in 2009. At the time of divorce the judge ordered the father to pay $3,200 a month for three children. He paid the support through the 2015 when the mother filed a motion to raise it. Can...

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