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Lawyer's Manual on Domestic Violence

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Lawyer's Manual on Domestic Violence Printer note: Back cover is all white. “Floating” spine Purple ends at spine. center line L Lawyer’s Manual on Domestic Violence a w R y e Representing the Victim, 6th Edition e p r Lawyer’s Manual on Domestic Violence ’ r s e Edited by s M e Representing the Victim, 6th Edition n Mary Rothwell Davis, Dorchen A. Leidholdt and Charlotte A. Watson a t n i n u g a t With each edition, the Lawyer’s Manual has provided guidance on increasing numbers of l h Edited by o topics from leading experts, and this new edition continues to add to this indispensable e n V resource. It is, without a doubt, a powerful tool for those on the front lines and in the trench- Mary Rothwell Davis, Dorchen A. Leidholdt and Charlotte A. Watson i D c o es to bring justice and safety to victims and accountability for perpetrators. There is valuable t i m information across these pages for judges, prosecutors, law enforcement, government agen- m , e cies, service providers, treatment professionals, community groups, and others who seek to 6 s t t protect victims and uphold the law. h i c Hon. Jonathan Lippman E d V i i Chief Judge of the State of New York t o i o l n e This 6th Edition of the Lawyer’s Manual on Domestic Violence marks the twentieth year n since publication of the first Manual in 1995 when the New York State legislature set in c e motion what soon became a sea change in how New York law addressed domestic vio- lence. It has been ten years since publication of the last edition of the Lawyer’s Manual on Domestic Violence and during that time the law in this area has continued to evolve at a rapid pace. Our goal is to engender an understanding of the dimensions of domestic violence M a r and the history that has brought us to where we are today. We hope this book will provide y R the wisdom and the technical information to help guide those called upon to respond within o t h the legal system. w e l C Hon. Betty Weinberg Ellerin l h D a a Presiding Justice, Appellate Division, First Department (Ret.) r v l o i E s t d , t i e D t e A o This guide is an amazing compendium of spot-on critical information. Everyone doing this d r . c b W h work should read it, not just victim/survivor attorneys! y e a n t s o William M. Schaefer, Jr. A n . L VAWA/Victim Services Unit Manager e i d Office of Program Development and Funding h o l New York State Division of Criminal Justice Services d t a n d A version of this manual in PDF form is available through the links at: Supreme Court of the State of New York, Appellate Division, First Department www.nycourts.gov/ip/womeninthecourts/publications.shtml and The New York State Judicial Committee on Women in the Courts www.probono.net/ny/family/library.cfm Lawyer’s Manual on Domestic Violence Representing the Victim, 6th Edition Edited by Mary Rothwell Davis, Dorchen A. Leidholdt & Charlotte A. Watson Supreme Court of the State of New York, Appellate Division, First Department Hon. Luis A. Gonzalez, Presiding Justice New York State Judicial Committee on Women in the Courts Hon. Betty Weinberg Ellerin, Chair This text is an unofficial publication of the Appellate Division, First Department, Supreme Court of the State of New York and the New York State Judicial Committee on Women in the Courts. The content represents the views of the contributors and does not necessarily reflect the views of the New York State Unified Court System, the Committee, or any New York State Judge. © 2015 All rights reserved This project was supported by subgrant No.SV14-1117-E00 awarded by the state administering office for the STOP Formula Grant Program. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the state or the U.S. Department of Justice, Office on Violence Against Women or the NYS Division of Criminal Justice Services. Dedication These three judicial leaders devoted their minds, hearts and the transformative power they held in their institutional roles to ensuring that domestic violence be recognized as a scourge that could and would be addressed by our courts. Hon. Betty Weinberg Ellerin • Hon. Judith S. Kaye • Hon. Jonathan Lippman We dedicate this 6th edition of the Lawyer’s Manual on Domestic Violence to them, with our deepest gratitude. The pages of this book, with its chapters, paragraphs and words that enfold knowledgeable discussion of legal strategy, legislative reform, and energetic social advocacy, have a tendency to tear open, and we see beneath the language the faces and terror of those living among us in fear of domestic violence. These fellow humans might be next to us on the bus, or in the apartment just two floors down, or handing us our items at the check-out counter. We do not see them. But this book reveals the horror that is all around us, too often invisible: a version of hell. Teodors Ermansons, Graphic Designer (retired) Office of Court Administration –Spoken upon completing design of this book. Acknowledgements Hon. Jonathan Lippman, whose steadfast and energetic willingness to name domestic violence as one of the central concerns of the court system under his leadership has helped moved forward justice and jurisprudence. Hon. A. Gail Prudenti, whose sensitivity to New York’s most vulnerable citizens and the centrality of our courts to bettering their lives has helped make our judicial system ever more responsive. Hon. Lawrence Marks, our new Chief Administrative Judge, who will carry forward administration of justice in domestic violence cases. Hon. Luis Gonzalez, whose leadership of the Appellate Division, First Department has embraced the publication of this book and the promotion of best practices for domestic violence cases in New York courts. Hon. Betty Weinberg Ellerin, Chair of the New York State Judicial Committee on Women in the Courts, special counsel to Alston & Bird, and former Presiding Justice of the Appellate Division, First Department for her constant leadership, vision and perseverance in the pursuit of justice. Teodors Ermansons, who designed the cover and the book, cheerfully helping the co-editors through draft after draft of these chapters until they were perfect or, given Ted’s impending and well-deserved retirement, we ran out of time. This book would not have been without his tireless care, attention and help. U.S. Department of Justice’s Office on Violence Against Women & the New York State Division of Criminal Justice Services for a generous STOP grant that underwrote creation of this book. Jill Zuccardy, Amanda Norejko, and William Silverman of Greenberg Traurig for invaluable proofreading. The contributors, one and all, who took time in professional lives that were already stretched to the breaking point to share with our readers and with the Bar the extraordinary collective wisdom they carry. We are so very grateful. Mary Rothwell Davis Dorchen A. Leidholdt Charlotte A. Watson Summary of Contents Acknowledgements v 7 Intimate Partner Sexual Assault: Summary of Contents vi An Overlooked Reality of Domestic Violence Table of Contents viii by Jill Laurie Goodman Foreword by Hon. Jonathan Lippman xxv updated by Introduction by Hon. Betty Weinberg Ellerin xxvi Lynn Hecht Schafran & Eliana Theodorou 68 Section 1 Introductory Matters 8 Taking Stalking Seriously by Hilary Sunghee Seo 77 1 Ensuring Victim Safety and Abuser Accountability: Reforms and Revisions in 9 Litigating Family Offense Proceedings New York Courts’ Response by Nicole Fidler & Dorchen A. Leidholdt 87 to Domestic Violence by Hon. Jonathan Lippman 1 Section 3 Domestic Violence in the Courts 2 A Look Back on Our 40-Year 10 Representing Victims of Domestic Violence in Walk, and a Glimpse Ahead Supreme Court Matrimonial Actions by Charlotte A. Watson 18 by Hon. Emily Ruben 108 11 Prosecuting a Domestic Violence Case: Section 2 Fundamentals of a Looking Beyond the Victim’s Testimony Domestic Violence Case by Elizabeth Cronin 116 3 Interviewing and Assisting Domestic Violence Survivors 12 Compensation for Domestic Violence Victims: Tort by B. J. Cling & Dorchen A. Leidholdt 32 Remedies and Beyond by Betty Levinson 130 4 Assessing Lethality and Risk: What Do We Know, How Can We Help? 13 The Rights of Domestic Violence Victims in by Hon. Janice M. Rosa 46 Criminal Proceedings by Christina Brandt-Young 140 5 Police Response: Mandatory Arrest & Primary Physical Aggressor 14 The Integrated Domestic Violence Court: by Lisa Fischel-Wolovick 52 New York’s Successful Experience by Hon. Daniel D. Angiolillo 150 6 Firearms Seizure in Domestic Violence Proceedings by Hon. Mary Anne Lehmann 62 vii Section 4 Children and Domestic Violence 24 Disabled Victims of Domestic Violence 15 Litigating Custody and Visitation by Mary Rothwell Davis 302 in Domestic Violence Cases by Kim Susser 163 25 Abuse in Later Life: Domestic Violence and the Older Client 16 Child Welfare Cases and Investigations by Mary Rothwell Davis 316 Involving Domestic Violence by Jill M. Zuccardy 182 Section 6 Employment, Housing and Benefits 26 Domestic Violence Victims Representing Domestic Violence Victims 17 and Employment Law: in Child and Spousal Support Cases Safeguarding the Workplace by Roxana Bernal & Amy Hozer 196 by Wendy R. Weiser & Deborah A. Widiss updated by 18 Interstate Custody for Domestic Violence Christina Brandt-Young & Jelena Kolic 329 Victims and Their Children: The UCCJEA and Relocation 27 Public Assistance and Housing: Updated by Mary Rothwell Davis 208 Navigating Difficult Benefits Systems by Jack Newton, 19 International Custody Disputes and Abduction: Amy Schwartz & Sharon Stapel 343 Invoking and Defending Against UCCJEA and Hague Convention Claims Helping Immigrant Victims of by Betsy Tsai, Mary Rothwell Davis 28 Domestic Violence Access Federal & Josephine Lea Iselin 221 and State Public Benefits by Barbara Weiner 369 Section 5 Protecting All Victims 20 Lesbian, Gay, Bisexual, Transgender and Section 7 Offender Accountability Queer Victims of Intimate Partner Violence 29 Batterer Intervention Programs: by Sharon Stapel & Virginia M.
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