Since the enactment of federal and state laws, creation of national and local organizations and media attention to domestic violence a plethora of research, data, statistics, resources has been publicized.  There is extensive information about the impact of domesic violence, the preventioin of domestic violence and the treatment for domestic violence victims.  And although there are several channels by which this information is brought to the attention of the public, there are still many misconceptions about issues involving domestic violence.  We will disspell some of the most common myths about the effects of domestic violence, the approach to its treatment and measures for prevention.

Here are a list of some myths:

Myth:  Only a small fraction of domestic violence victims are men, the majority is women.
Fact:  While approximately 1.3 million nationwide victims are women   yearly,  approximately  835,000 are men. According to the Center for Diseased Control and Prevention.

Myth:  Domestic violence only affects women of color or immigrant women.
Fact:  Women of all races are equally vulnerable to domestic violence.

Myth:  New York has the highest per capita rate of domestic violence related fatalities in the U.S.
Fact:  As of 2005, the last year research is available, New York came in fifth.  Data provided by the NY Office for the Prevention of Domestic Violence.

Myth:  Most of the New York victims of domestic violence had an Order of Protection in effect when their abuser murdered them.
Fact:  For the past five years, 80-90% of the murdered victims had no current Order of Protection in place.  Data provided by the NYC Office to Combat Domestic Violence.

Myth:  Most of the men who abuse their spouses/paramours do not abuse their children.
Fact:  More than 50% of the men who abuse their spouses/paramours also abuse their children.

Myth:  Most abusers who petition for child custody do not prevail.
Fact:  70% of the abusers are awarded custody of their children.  Data provided by Stop Family Violence.

Myth:  Women have nothing to worry about when alleging domestic violence to a Family Court judge, their stories are always believed.
Fact:  Many judges are more likely to not believe women, thinking that they are just making these allegations as a strategy to gain custody.

Myth:  As long as children do not see the actual acts of domestic violence, they are safe from its effects.
Fact:  80-90% of children in domestic violence households are aware that it exists even if they do not witness it firsthand. Data provided by ACADV.org

Myth:  Fathers are more likely to abuse their children than mothers are.
Fact:  Mothers who were victims of domestic violence are twice as likely to abuse their children.  According to AAETS.org

Myth:  There is no effective treatment for batterers.
Fact:  Although Batterers’ Intervention Programs  have a small effect on treatment, the impact of treatment is significant especially when treatment is continuous.

            Although milestones have been made in getting the word out, providing help to the victims and getting treatment for abusers there is still much to be done.    Getting involved, staying informed and spreading the word only helps in the effort. 

 IF YOU OR ANYONE YOU KNOW IS A VICTIM OF DOMESTIC VIOLENCE, PLEASE DO NOT HESITATE TO CONTACT THE NEW YORK STATE HOTLINE AT 800-942-6906.
 

          Domestic Violence affects every aspect of victims and their families’ lives.  Not only are families’ emotional, psychological and physical well being tremendously impacted by domestic violence, but the most basic needs, i.e. housing, employment, immigration are also subject to the negative effects of such circumstances.  Since the ubiquity of publiic awareness campaigns, which promulgated federal and state laws addressing these vital concerns, issues of housing, immigration, employment and public benefits should no longer serve as preventive measures for seeking assistance.  Although most states, including New York, have enacted important legislation to address some of the most basic needs of domestic violence victims there is much more that needs to be done.  In addition, sometimes implementing and facilitating programs, resources, etc. that adhere to these laws raises other challenges.  New York has enacted specific legislation to address some of the most important basic needs of its residents.   Some of the most important concerns are:

Domestic Violence & Immigration:
           Many domestic violence victims are foreign-born, oftentimes outnumbering U.S. citizens.  This particular group frequently do not report domestic violence for cultural reasons (domestic violence is accepted in many cultures), fear of deportation, language barriers or mere lack of awareness. Illegal immigrants are protected by state laws and local procedures, and are therefore entitled to the same treatment as U.S. citizens. 

          Police-Illegal immigrants can call the police to report domestic violence and are not subject to being questioned about immigration status.  In fact, under the Equal Protection laws, illegal immigrants are entitled to a language interpreter when they call the police and the police respond to their home. 

          Order of Protection-Illegal immigrants are also permitted to go to Family or Criminal Court to seek an Order of Protection regardless of immigration status. 

          Legal Residency-Under the federal legislation, Violence Against Women Act (”VAWA”), a woman married to a U.S. citizen or legal permanent resident may be eligible for permanenct lawful residency or legal status.  Under VAWA a waamn no longer has to rely on her husband for “family sponsorship” to become a permanent lawful resident.  She may “self petition” for permanent residency by applying with INS and showing that she was “phsyically battered” or subject to “extreme cruelty” by the hands of her spouse.  Or if is she is in deportation proceeding or can be placed in such proceedings, the court can waive deportation and grant residency upon a showing of either.  Alternatively, the domestic violence victim can apply for a special visa, called the U-visa, which was created by Congress in 2000.  This visa permits victims of “serious crimes” to work in the United States and after three years, apply for permanent residency if they can show “hardship”.
Domestic Violence & Child Custody/Visitation:
           Child custody is not presumed to be with either parent.  Although one parent may have physical custody, legal custody must be determined by the court.  The courts use “the best interests of the child” standard to determine whether sole custody or joint custody should be awarded.  One factor the courts routinely consider is whether there is domestic violence or was a history of domestic violence between the parties.  Domestic violence in the home or between the parties prohibits the court from awarding joint custody since the parties have to communicate and interact regularly in such situations.  Sole custody is awarded with child visitation to the non-custodial parent.  The court can award unsupervised visits with third party transfer, supervised visits (where the visits are supervised by a relative, close family friend or licensed agency) or therapeutic visits ( where  a licensed professional interacts with the parent and child during the visit to improve the parent-child bond).   Only in extreme cases will visitations be suspended altogether.

Domestic Violence & Public (Government) Benefits:
           Most domestic violence victims wind up being recipients of public benefits since many of them depended on their abusers for financial support.  Financial assistance, food stamps, Medicaid and housing benefits are the most common programs domestic violence victims seek. 
          Housing-Domestic violence victims may be referred to shelters based on family size/structure.  The shelters are comprised of three groups: families, pregnant families (where a single or married victim is pregnant or parents of a pregnant person over 21 years) and single adults.  other government housing programs include Section 8 Housing, New York City Housing Authority (”NYCHA”) housing and rental assistance programs.  Section 8 and NYCHA requires the victim meet “emergency” criteria.  While rental assistance programs are designed for shelter occupants who work individuals and meet income requirements. 
          Food Stamps-Domestic violence victims may be eligible for Expedited Processing, if you are eligible for Food Stamp Benefits and Your household has less than $100 in cash and other available resources and will have less than $150 in gross income during the month that you apply or your income and available resources are less than your rent or mortgage plus heat, utilities and phone.
          Financial Assistance-The Family Violence Option (passed in 1997 to address the safety needs of domestic violence victims and their children) protects victims from being sanctioned for their failure to meet the Temporary Assistance to Needy Families (”TANF”) requirement, specifically regarding workk and child support.  The requirements may be waived if meeting these requirements may pose a risk of harm to the victim and their children.

Domestic Violence & Employment:
           Incidents of domestic violence costs employers millions of dollars as a result of unproductivity.  Many employers are directly affected by incidents of domestic violence by absenteeism, work performance and/or implementing safey measures.  However, employees who are victims of domestic violence are protected by state ( and federal) laws that address employment related issues. 
          Discrimination-Domestic violence victims may not be discrimated against, refused hiring or discharged based on history or presence of domestic violence.
          Job security-An employee may not be penalized for taking time off to appear in court, to speak with the District Attorney’s office or otherwise pursuing legal actions or legal rights related to domestic violence.
          Unemployment Benefits-If an employee voluntarily quits a job because of domestic violence related incidents or is discharged because of “misconduct” resulting from absenteeism or lateness as a result of domestic violence, he/she can not be denied unemployment benefits based on either.
          Job Benefits-An employee who is a victim of domestic violence may make reasonable changes to employment benefits at any time during the calendar year if they are separated from their domestic partner/spouse as a result of domestic violence.
          Order of Protection-Employers must enforce and adhere to restrictions directed in an Order of Protection, where those restrictions relate to the victim’s place of employment.

           Domestic violence can adversely affect every aspect of the victim’s life, from what they eat to where they live.  More often than not, victims are forced to face these issues with no guidance. Although a few are mentioned here, there is a plethora of day to day activities that are impacted, directly and indirectly.  There are many resources on the state and local level, geared toward addressing the extensive number of issues and therefore, should never serve as a deterrent to leaving a volatile situation.

IF YOU OR SOMEONE YOU KNOW IS A VICTIM OF DOMESTIC VIOLENCE, DO NOT HESITATE TO CONTACT THE NEW YORK STATE HOTLINE AT 800-942-6906.

          Each year domestic violence advocates are making more and more strides in getting out the message “domestic violence can be fatal”.  Getting attention, taking action and seeing results has been the efforts of many of New York’s social service agencies, resource centers, professionals, polititicians, etc.  As a result, this year alone, there has been a considerable number of bills passed by both Houses and signed into law by the Governor.  Although there were more than triple the number of bills introduced than than the total actually passed, New York still made some strides in addressing some major issues that arise in domestic violence situations. Here is a list of the laws (and amendments) of 2007 that affect domestic violence cases, both victim and batterer:
               1.   Domestic violence survivors leaving their apartments to avoid further violence or the threat of violence, may do so without facing the possibility of civil penalties for breaking their lease.  The amendment to Real Property Law § 227-c authorizes the same court that issued the order of protection to also terminate the residential lease before the lease term ends.  Before making a request in court for lease termination, the victim must have attempted to negotiate a termination with the landlord, and gotten nowhere. The petition for relief itself, must provide notice of the proceeding to the landlord and any co-tenants, including the batterer if he is a co-tenant. The victim must also show that there is substantial risk of physical or emotional harm to him/her or his/her child (even with the order of protection), that relocation will substantially reduce the risk, that attempts for a voluntary termination from the lease were denied, and he/she is acting in good faith. If a lease termination order is granted, the victim must timely pay (or have paid) all sums due and must return the property free of occupants. If, however, there is(are) co-tenants, the victim is not responsible for removing the co-tenant from the premises after an order is issued. This law empowers the court to sever the joint tenancy, allowing the co-tenant to assume the lease a alone, unless all tenants agree to a complete termination. The law also outlines procedures for adjustments in rent and for the setting the termination date. This law took effect October 1, 2007.
               2.   Sex traffickers are now subject to criminal prosecution in New York, and not just federal prosecution.  This new law, Penal Law §§230.34 and 135.35, Penal Law §§230.36 and 135.36 provides that victims of sex and labor trafficking will not be held accountable as accomplices to their traffickers. Sex trafficking and labor trafficking are now included under Penal Law §460.10 and Criminal Procedure Law §700.05 as criminal acts that may be the basis of an enterprise corruption charge and prosecutors are authorized to employ wiretaps on trafficker’s telephones. Also, Executive Law §621(5) is amended to reflect the criminalization of labor and sex trafficking; Penal Law §230.03 is repealed, and Penal Law §230.04 elevates the crime of patronizing a prostitute from a B misdemeanor to an A misdemeanor. A person who knowingly sells travel-related services for prostitution tourism in another jurisdiction is guilty of a felony under Penal Law §230.25(1).  Defendants convicted of sex trafficking must also register as a sex offender pursuant to Correction Law §168-d(1)(b); Social Services Law was also amended to add a new Article 10-D, which sets forth the definition of human trafficking victims and provides for services available to human trafficking victims as soon as practicable, which included non-citizens.   An Inter-Agency Task Force was created to oversee sex and labor trafficking, whose responsibilities include assessing the state’s progress in preventing human trafficking, prosecuting traffickers and providing services victims of human trafficking.  This law will take effect on November 1, 2007, but the Inter-Agency Task Force law is effective immediately.

               3.   Batterers applying for firearms license now face stricter requirements where a court finds that there was a willful violation of orders of protection, which caused physical injury.  Criminal Procedure Law §§530.14(1)(a)(ii)(A) and 530.14(3)(a)(i) were amended and requires a court to order the revocation of or defendant’s ineligibility for firearms licenses and/or to order the immediate surrender of all firearms owned or possessed by the defendant upon determination that the defendant willfully violated a temporary or permanent order of protection by inflicting physical injury upon another person. This amendment now lessens the degree of injury from “serious physical” to “physical injury”.  This law took effect August 2, 2007.

               4.   Domestic violence victims may now have a court issue a temporary or permanent order of protection in a broader range of cases than just criminal and family offense cases.  Criminal Procedure Law currently authorizes orders of protection to be issued in criminal family offense case or non-family offense cases as a condition of any order of release on own recognizance (ROR), adjournment on contemplation of dismissal (ACD), pre-trial release (non-family offenses only) or bail. However, neither CPL §§530.12 or 530.13 expressly permit the issuance of a temporary order of protection where the defendant was committed to the custody of the sheriff, rather than released. Although a defendant may not be released s/he may continue to pose a threat to the victim or have contact with her from the confines of jail. By amending CPL §§530.12(1) and 530.13(1), this new remedial law provides the courts with express permission to issue a temporary order of protection “in conjunction with any securing order committing the defendant to the custody of the sheriff.” This law took effect July 3, 2007.

               5.   Batterers on probation may face violation of probation for family offenses.  The amendment to the Criminal Procedure Law and the new section (§410.92), allowed the Division of Probation to establish pilot projects in four New York State counties outside of NYC. Additionally, the law also amends Correction Law §500-a(1)(c) to permit temporary detention of individuals in violation of their probation for family offense, sex offense or youthful offender convictions.   Under the new law, a person on probation may be taken into custody for a violation of a condition of a sentence of probation when the Director or Deputy Director of the local Probation Department determines that the probationer is a public safety risk and the probationer may be detained for up to 48 hours to permit the sentencing court to determine whether the he/she violated a condition of his or her sentence. If the sentencing court finds reasonable cause that a condition of the sentence was violated, the court may commit the probationer into the sheriff’s custody, set bail or release the person on their own recognizance. If there is no probable cause, the probationer will be released. Further, the law requires the Office of court Administration to ensure that judges in pilot program communities are available to review the status of persons in custody pursuant to the detainer. The law took effect July 18, 2007.

               6.   The Office of Court Administration was authorized to create rules for selected Family Courts (in Erie, Onondaga, Monroe, Nassau, New York, Westchester, Richmond, Kings, and Albany counties) to institute experimental programs that will allow temporary or permanent orders of protection to be transmitted to the police or sheriff, by fax or electronic means, for service on the batterer.   However, participation in this pilot program is voluntary.  This law took effect July 18, 2007.
               7.   Domestic violence victims no longer have to pay the sheriff’s departments in New york, for serving orders of protection or any other documents attached to orders of protections. This includes fees for mileage associated with service and/or fees where an order cannot be served in one attempt. This law adheres to the STOP Formula Grant Program’s requirements under the federal Violence Against Women Act, which states that survivors of domestic violence, sexual assault and stalking who obtain civil orders of protection from their offenders should not have to bear financial expenses related to obtain these orders.  This law took effect August 8, 2007.  
               8.   Destruction of property or vandalism (”criminal mischief” crimes) are now “family offenses” . An amendment to §812(1) of the Family Court Act and §530.11 of the Criminal Procedure Law adds the crime of criminal mischief (PL §145.00-145.12) to the list of enumerated family offenses under which both the Family and the Criminal courts have concurrent jurisdiction. Additionally, criminal mischief constitutes four different crimes with four different degrees under the Penal Law and this new law does not specify which crime elements must be met to be considered a “family offense”.  This law will take effect November 13, 2007.

IF YOU ARE A VICTIM OF DOMESTIC VIOLENCE  OR KNOW SOMEONE WHO IS, PLEASE SEEK HELP FROM THE NUMEROUS AGENCIES THAT PROVIDE EVERYTHING FROM HOUSING TO FINANCIAL ASSISTANCE.  CONTACT THE HOTLINE AT 800-942-6906.

          Although New York has broadened the services made available to victims of Domestic Violence since 1996, many victims are not taking full advantage of them.   The New York State Office of Prevention of Domestic Violence and New York City Office to Combat Domestic Violence has been instrumental in implementing some very vital services to assist domestic violence victims and their families with everything from shelter to counselling to financial assistance.  These services have revised the way the police respond to domestic violence victims, the locations where referrals services are offered and even broadened eligibility of services.  Of course these improvements could not have been done if it were not for the legislature, the judiciary and law enforcement, but the states’ agencies on domestic violence has been critical in actually getting the services the victims. 

          Although there have been milestones in implementation there are some very important things that many do not know exist.   Here is a list of some of the most important:

1.     The police are encouraged to make follow up visits to the victim and their family, ensuring that there are no further incidents of harm, threat or injury; that service referrals were made and to reassure the family.

2.     Victims are entitled to police protection regardless of immigration status, they are prohibited from inquiring about immigration status when responding to a domestic violence call.

3.     Same sex couples and New York City domestic partners are included in NYPD’s definition of “family” or “household” and therefore, are entitled to the same treatment & services under domestic violence.

4.     Victims can monitor their abuser’s release from jail by registering with the Victim Information & Notification Everyday (”VINE”) by calling 888-VINE4NY and setting up a password to receive automated notifications.

5.     The Human Resources Administration has a program called Alternative to Shelter (”ATS”) which allows victims, who have a valid Order of Protection, to safely stay in their homes with a state-of-the-art security system that is directly linked to the NYPD.

6.     Although the Section 8 and public housing priorities are no longer available for homeless victims, there is a new rental assistance program called Housing Stability Plus, offered by the Department of Homeless Services.   The program offers market rate rental supplements to homeless families who leave the homeless shelter and are ready for permanent housing. 

7.     New York State’s Crime Victims Board may compensate victims for lost wages, moving expenses, essential personal property and medical/counselling services.   All police stations are encouraged to keep the applications on hand.

8.     Family Court and Supreme Court (including the new IDV courts) may make an Order of Protection as part of a child custody and child support order.  Conversely, the judge can make an order of child support as part of an Order of Protection.

9.     A valid out-of-state Order of Protection, even a temporary Order of Protection, is enforceable in New York Criminal Court and Supreme Court, as part of a divorce, legal separation or annulment.  Although registering the Order of Protection is not required, it should be registered in the NYS registry to ensure widespread alert.

10.     A victim may apply to the Social Security Administration for a new social security number as long as they can prove that they are in danger if their identity and/or location are obtainable.  The SSA requires proof of domestic violence, proof of immigration status and the old social security number.

IF YOU ARE A VICTIM, YOU SHOULD BE PERSISTENT IN SEEKING SERVICES FROM POLICE, THE COURTS, HOSPITAL/MEDICAL PROVIDERS, CLERGY, AGENCIES, ETC. DO NOT GET DISCOURAGED.  THERE MAY BE SOME CHALLENGES BUT THERE ARE AN ABUNDANT OF PROVIDERS WILLING TO HELP.