In a divorce proceeding involving legal determination of the child support, and alimony obligations, the court will reach a global ruling while considering compelling elements enumerated in the Statute pertaining specifically to alimony but the decision will not be in vacuum. The Statute specifically provides order of alimony when “just and proper” factoring the listed legal elements that the court balances as well as all the relevant factors necessary for a fair and equitable award: (1) ability of the party seeking alimony to be wholly or partly self-supporting; (2) time necessary for the party seeking alimony to gain sufficient education or training
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Monthly Archives December 2018
CONSTITUTIONALITY OF THE STALKING STATUTE: RECENT COURT OF APPEALS DECISION
The Court of Appeals in Beachum v. US decided on December 20, 2018, analyzed and ruled on whether the DC Stalking Statute as written was constitutional. Section 22-3133 (a)(3) in pertinent parts provides that: It is unlawful for a person to purposefully engage in a course of conduct directed at a specific individual . . . [t]hat the person should have known would cause a reasonable person in the individual’s circumstances to: (A) Fear for his or her safety or the safety of another person; (B) Feel seriously alarmed, disturbed, or frightened; or (C) Suffer emotional distress. The appellant argued
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RECENT COURT OF APPEALS DECISION: REVERSAL DUE TO ERROR IN LAW
The Court of Appeals in Solon v. US decided on November 29, 2018, reversed a disorderly conduct conviction as it disagreed but the trial court’s statutory interpretation. Solon had intermingled with the Climate Movement March carrying signs in support of the administration and generally causing agitation and stir among the demonstrators. She was ultimately put under arrest and charged with disorderly conduct as well as two assault charges again two individuals. The DC disorderly conduct statute (D.C. Code § 22-1321 (a)(1) provides: in any place open to the general public, . . . it is unlawful for a person to
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