New Hope Card Program to Enhance Safety of Domestic Violence Survivors

Schuyler County Attorney Steven Getman wants Domestic Violence Survivors to know about the implementation this month of the Hope Card program, a new initiative of the New York Courts that will further enhance the safety of domestic violence survivors, family court litigants and of crime victims generally.

“A Hope Card is a portable version and/or summary of an order of protection,” Getman said. “Parties with final orders of protection may request and receive, free of cost, a physical Hope Card, a digital Hope Card, or both, which they can carry in their wallet, pocket, or on their cell phone.”

“An order of protection is issued by a court to limit the behavior of someone who harms or threatens to harm another person,” he continued. “It is used to address various types of safety issues, including, but not limited to situations involving domestic violence, child abuse and neglect and crime victim safety. Family courts, criminal courts and supreme courts can all issue orders of protection where legally authorized.”

According to Getman, the physical Hope Card is a durable, wallet-sized card with a summary of the information on the order and a link to a digital image of the order. A digital Hope Card is a digital image of the order. Physical Hope Cards are sent to the protected party by mail, while digital Hope Cards are sent by email or text message, with a secure link to the digital image.

“Protected parties can readily provide vital information regarding orders of protection quickly and effectively to law enforcement in an emergency,” Getman said. “The cards will also enable protected parties to share the details of an order with their school, workplace, family or friends.”

Implementation of the Hope Card program follows passage last year in New York State of the Hope Card Act, designed to empower domestic violence survivors to enforce their orders of protection, Getman noted.

A Hope Card request can be made online or by filing a Hope Card Request form with the court clerk’s office at any Criminal, Family, or Supreme court. Hope Card Request forms are available online or at a criminal, family, or supreme courthouse.

Copies of the request form will also be available online at the Schuyler County Attorney’s Office webpage.

The Schuyler County Attorney is the legal advisor for county government. The Schuyler County Attorney's Office also serves as “presentment agency,” prosecuting cases of juveniles accused of crimes or delinquent behavior in Family Court as well as the attorney for the Department of Social Services when investigating and prosecuting Family Court cases of child abuse and neglect.

For more information about Hope Cards and who can request them, click here.WENY News

October is Domestic Violence Awareness Month

Office for the Prevention of Domestic Violence

Domestic Violence Awareness Month is an opportunity to Start the Conversation about this important issue in all aspects of your life and show those impacted by domestic violence

that they are not alone. Whether you share the NYS Domestic and Sexual Violence Hotline number, join one of our Domestic Violence 101 trainings, or wear purple on October 19 for #PurpleThursday, this page is designed to share ways you can be an ally this October and all year long!

Here are some highlights of this month’s activities:

• Every Tuesday in October: Domestic Violence 101.
• October 1: New York State Assets lit up in purple
• October 17-19: The New York State Clothesline Project in the Empire State Plaza Concourse. The exhibit will focus on providing a platform for survivors to help them break the silence surrounding their abuse.
• October 19: Wear purple in honor of #PurpleThursday
• October 19: New York State Assets lit up in purple
• October 25: Start the Conversation: Engaging Men and Boys panel at Syracuse University
• All October: A social media campaign to help people #StartTheConversation in all aspects of their life

And locally, on Oct. 10 in Schuyler County, members of the community will gather in LaFayette Park in Watkins Glen from 6 p.m. to 7 p.m.

New help for victims of economic abuse announced

Effective this month, the State Office for the Prevention of Domestic Violence will begin distributing informational materials on economic abuse.

Informational materials for victims and survivors of domestic- and gender-based violence will include connections to housing resources, local social service offices, and more to help individuals attain safety and stability.

According to the National Coalition Against Domestic Violence, more than 90 percent of survivors of domestic violence have suffered economic abuse, but many people do not see themselves as being in an abusive relationship if they are not being physically harmed.

For more information, click here.

Kyra’s Law: reforms proposed to address domestic violence, protect children

A proposed law to reform New York State’s divorce and Family Courts to protect children and families at risk of domestic violence, is moving closer to passage.

"Kyra’s Law," currently in committee, would amend Domestic Relations Law 240, adding a number of requirements and presumptions in any custody and visitation proceeding involving allegations of child abuse or domestic violence by a parent, regardless of whether the allegations involve the subject child.

The provisions include:

• A requirement that the court must first consider allegations of child abuse or domestic violence before considering any other best interest factors and hold a hearing on the allegations within 60 days of the filing of a petition.
• If the court finds a pattern of domestic violence or child abuse, then the court must award sole custody to the “non-offending parent” and must suspend visitation, or only award professionally supervised visitation, without court discretion.
• In any custody and visitation proceeding where such pattern is found, concerns regarding parental alienation are not admissible and may not be considered in a best interests determination.

The proposed law would also mandate domestic and child abuse training for state judges and other court officials.

For the complete text of the proposed law, click here.

2022 National Domestic Violence Prosecution Conference Announced

The Association of Prosecuting Attorneys and the Domestic Violence (DV) Prosecution Committee will host the Fourth National Domestic Violence Prosecution Conference on May 23-25, 2022 in Villanova, Pennsylvania:

The conference is meant to bring together practitioners to provide a forum for deeper learning of enhanced strategies for the

investigation and prosecution of DV-related crimes. Consisting of various presentations, group discussions, and resource-sharing opportunities, the convening will provide attendees with a chance to strengthen their understanding of the intricacies and data-driven approach to DV investigation and prosecution over the course of two and a half days. Topics will include the connection between DV and violent crime, how to handle victim recantation, and special considerations for virtual hearings.

This conference is intended for prosecutors and victim advocates involved in the prosecution of DV-related crimes.

Learn more and register here.

Fourth National Domestic Violence Prosecution Conference to be held in March

The Association of Prosecuting Attorneys has announced its Fourth National Domestic Violence Conference for prosecutors and victim advocates on March 18-20.

Nationally- and internationally- renowned faculty members will facilitate discussion and train

participants on practical strategies and model policies in domestic violence prosecution. The Conference will be presented at Brooklyn Law School. A Thursday night reception at Brooklyn Law’s Subotnick Center will feature Poster Sessions amidst stunning views of New York City.

Prosecutors and victim advocates with all levels of experience are encouraged to attend. The conference will focus on the needs of jurisdictions responding to domestic violence cases.

For more information, including how to register, click here.

New York's new Domestic Violence laws take effect

New York state officials have enacted three new pieces of legislation that aim to expand protections for victims of abuse and domestic violence.

These measures are intended to:

• broaden the definition of domestic violence to include forms of economic abuse, including identity theft;
• give victims the choice to vote by mail-in ballot, even if they remain within the county where they are registered to vote; and
• allow victims to report abuse to any law enforcement agency in New York State, regardless of where the violence originally took place.

For more on these new laws, click here.

New York enacts Domestic Violence Survivors Justice Act

New York State has passed legislation to expand the situations in which judges can consider domestic violence survivors’ abuse when determining appropriate sentences for victims.

The Domestic Violence Survivors Justice Act (DVSJA) will, according to one report, allow judges to impose an alternative sentence if he or she finds that:

1) the defendant, at the time of the offence, was a domestic violence victim subjected to substantial physical, sexual, or psychological abuse inflicted by a member of the same family or household;
2) the abuse was a significant contributing factor to the criminal behavior; and
3) a sentence under the general sentencing provisions would be ‘unduly harsh.’”

The provisions dealing with resentencing become effective August 12, 2019. For sentences imposed going forward, the law became effective immediately.

The complete text of the law can be found here.

National Domestic Violence Prosecutorial Training Announced

The Association of Prosecuting Attorneys (APA) is hosting a national Domestic Violence Prosecutorial Conference on June 6-8, 2018 in Kansas City, Missouri.

The conference will focus on the needs of jurisdictions responding to domestic violence cases and will have three specific themes: management, trial issues, and victims. Expert faculty members will facilitate discussion and train participants on practical concepts and model practices in domestic violence prosecution.

Prosecutors with all levels of experience are encouraged to attend. For more on this training, click here.

Home Truth: A Film Screening and Discussion on Domestic Violence and Human Rights

The Berger International Legal Affairs Program at Cornell Law School is co-sponsoring Home Truth: A Film Screening and Discussion on Domestic Violence and Human Rights:

In 1999, Colorado mother Jessica Gonzales experiences every parent’s worst nightmare when her three young daughters are killed after being abducted by their father in violation of a domestic violence restraining order. Devastated, Jessica files a

lawsuit against the police, claiming they did not adequately enforce her restraining order despite her repeated calls for help that night. Determined to make sure her daughters did not die in vain, Jessica pursues her case all the way to the U.S. Supreme Court and an international human rights tribunal, seeking to strengthen legal rights for domestic violence victims. Meanwhile, her relationship with her one-surviving child, her son Jessie, suffers, as he struggles with the tragedy in his own way. Filmed over the course of nine years, HOME TRUTH chronicles one family’s pursuit of justice, shedding light on how our society responds to domestic violence and how the trauma from domestic violence tragedies can linger throughout generations.

There are two screening Opportunities:

Wednesday, March 14 @ 5 p.m. Myron Taylor Hall, Room 186

Thursday, March 15 @ 6 p.m. Cinemapolis, 120 East Green Street, Ithaca

A panel discussion will follow both screenings.

Jessica's case is now studied in textbooks around the country, and the domestic violence advocacy community refers to her work and her case as one of the most significant legal cases in the history of the movement.

For more on the film and the panel discussions, click here.

Domestic Violence Awareness Month: New York State “Know Your Rights” brochure

New York State has released an updated “Victims of Domestic Violence: Know Your Rights!” brochure to mark the 29th annual Domestic Violence Awareness Month.

The brochure describes key legal protections and services available to victims of domestic violence, particularly in the areas of housing and employment, under New York law and the 1994 federal Violence Against Women Act.

The brochure also includes information about new protections stemming from New York State’s recently-enacted Women’s Equality Agenda. This new legislation protects victims of domestic violence from discrimination when they attempt to rent or lease housing, and provides them with an affirmative defense in eviction proceedings and a private right of action. It also creates a pilot program to allow domestic violence victims to seek temporary orders of protection electronically rather than having to appear in person.

October was first proclaimed National Domestic Violence Awareness month in 1989 by President George H.W. Bush.

New York's updated pamphlet is available here.

New York State Domestic Incident Report Revised

The Division of Criminal Justice Services (DCJS) has redesigned the Domestic Incident Report (DIR) form "to improve its format and enhance its effectiveness and usability by law enforcement professionals.

These improvements make it easier to complete the form accurately and allow law enforcement to capture additional information, making the form more useful to law enforcement and enhancing the data included in the state's Domestic Incident Report Repository."

The DIR instructions also include "a list of some frequently seen offenses in domestic violence incidents." DCJS has produced an online training program about using the new DIR, which takes about 30 minutes to complete.

Additional documents provided with the training include an overview of the DIR Repository, a community action toolkit for addressing intimate partner violence against transgender people, and information about strangulation, including symptoms, visible signs, and interview questions

The Youthful Offender Domestic Violence Court: A Collaborative Approach to Teen Dating Violence within the Criminal Justice System

New York State prosecutors and other groups will be hosting a webinar discussing the Youthful Offender Domestic Violence Court (YODVC), a collaborative court that approaches teen dating violence cases from a teen-specific and youth development-informed perspective.

The webinar will highlight the prevalence of teen dating violence, address the unique needs of teen complainants and defendants, discuss the history and goals of the YODVC, and provide transferable lessons that prosecutors can integrate into their practice when working on teen dating violence matters.

While this webinar is focused on domestic violence/dating abuse, it is applicable to all prosecutors working with young witnesses.

For more information, click here.

The Lawyer's Manual on Domestic Violence

The New York State Judicial Committee on Women in the Courts has announced publication of the newly revised Lawyers Manual on Domestic Violence.

This 6th Edition marks the 20th anniversary of the publication.

The last edition was published in 2006.

The volume is available online.

#DVFree: Implementing the Human Right to be Free from Domestic Violence

A panel discussion will be head Tuesday, October 20th at 12:20 p.m. in Saperston Student Lounge, G65 Myron Taylor Hall, Cornell University:

"#DVFree: Implementing the Human Right to be Free from Domestic Violence in Tompkins County, NY."

Panelists will discuss their work in drafting guidelines for employers to protect victims of domestic violence.

The panel will include Heather Campbell, Executive Director, Advocacy Center of Tompkins County, Alexander Gutierrez, J.D. Candidate and member of the Global Gender Justice Clinic, Carolina Morales, J.D. Candidate and member of the Global Gender Justice Clinic, and Amanda Reynoso-Palley, J.D. Candidate and member of the Global Gender Justice Clinic.

The panel is sponsored by Cornell Law School’s Global Gender Justice Clinic and the Avon Global Center for Women and Justice.

Lunch will be served. Interested attendees should RSVP by Monday, October 19 to Christina Price, cmp265@cornell.edu.

Courts Must Consider Firearm Use or Possession and Certain Protection Order Violations When Making Bail Decisions in Domestic Cases.

From the Office of Probation and Correctional Alternatives:

CPL 510.30 was revised to require criminal courts to consider an arrested individual’s history of use or possession of firearms, and any violation of an order of protection issued by any court for the protection of a member or members of the same family or household as such term is defined in CPL 530.11(1), whether or not the order is currently in effect, when considering release on recognizance or setting bail requirements for those charged with a crime or crimes against a family or household member.

New York passes new laws to crack down on domestic violence, lewdness against children

New York state lawmakers enacted a series of bills Wednesday (July 23) that strengthen existing laws and add new measures to protect people from electronic harassment, stalking, and public lewdness.

Under the new laws, Second-degree Aggravated Harassment will make it a crime to use harassing communications that "threaten to cause physical harm to a victim or the victim's property where a defendant knows or should know that the communication will cause the victim to fear such harm."

The harassment legislation is in response to a recent court decision, striking down a previous version of the law on First Amendment grounds.

The anti-stalking measure prohibits the tracking of a person with an electronic device where "likely to cause reasonable fear of material harm to the physical health, safety or property" of another person or their families.

Finally, the state enacted a new statute, creating the crime of Public Lewdness in the First Degree, a class A misdemeanor. It applies to persons aged 19 or older who intentionally expose themselves to children under the age of 16. It is punishable by up to one year in county jail.

Previously, Public Lewdness was only a class B misdemeanor, and provided no additional penalties when the act was committed against a child.

It is hoped that these new laws, focusing on threats and endangerment of others, will strengthen protections for vulnerable members of the population, while ensuring important rights to free and open expression.

Legal links of interest for the week ending November 8

Steven Getman, attorney, reports on some news stories about lawyers and the law in the past week:

Bill to ban job bias against gays clears Senate hurdle: A measure that would outlaw workplace discrimination based on sexual orientation and gender identity overcame a significant obstacle as seven Republicans voted to begin debate on the bill.

In Bond v. U.S., the Supreme Court will decide if a treaty trumps state police powers: Carol Bond concedes that she spread a toxic chemical on the car and mailbox of a friend who had an affair with her husband. Federal prosecutors intervened in what would normally be a state criminal case to charge Bond with violating the chemical-weapons convention that the Senate ratified in 1997.

Domestic violence alerts available in New York: Victims of domestic violence can now sign-up for SAVIN-NY alerts at www.nyalert.gov by clicking on “Orders of Protection.”

D.C. Circuit rules against Obamacare contraceptive mandate: the D.C. Circuit ruled November 1 that two brothers who own and operate a food-supply company are entitled under the federal Religious Freedom Restoration Act to a preliminary injunction against imposition of the HHS mandate on contraception and abortifacients.

Judge upholds Rochester's red light camera program: A state court justice found the red light camera laws do not infringe upon a fundamental right

Legislative prayer gets Supreme Court review: The case argued at the court Wednesday involves prayers said at the start of town council meetings in Greece, N.Y., a Rochester suburb.

New York State warns residents of STAR application scam: New homeowners have received letters offering to enroll them in the STAR Program for a substantial fee; however enrollment in the the program is actually free.

For more on each of these stories, click on the links above.

New laws for the New Year

Nationwide, more than two hundred new laws will take effect January 1, according to Ovid Attorney Steven Getman.

In some states, the new laws include legalization of gay marriages and marijuana usage.

In New York State, the new laws include:

A new sales tax exemption designed to encourage solar energy use;

A law to provide new protections for domestic violence;

Laws to help craft brewers distribute their products;

A prohibition on the sale of e-cigarettes to minors;

New ways for colleges to provide health insurance for students.

According to Getman, residents with questions about their states' laws should contact a competent attorney of their own choosing in that state to make sure they understand their rights and responsibilities.

New York Increases Penalties for Repeat Domestic Abusers

New York State has enacted new penalties for repeat domestic abusers, including tougher standards for bail pending trial.

The law was signed on Thursday (October 25).  It creates the crime of “Aggravated Family Offense.”  Under the law defendants who commit certain offenses against family members and have a previous conviction for doing so within the past five years can be charged with a Class E felony, punishable by up to four years in prison.  The law also expands the definition of “Aggravated Harassment in the Second Degree” to include when a defendant, with intent to harass, annoy, threaten or alarm, causes physical injury to an individual, or to a family or household member of that individual.

The new law also requires judges to consider various risk factors, including access to firearms and previous violations of orders of protection, when setting bail for people accused of a family offense.

For more on the new law and its requirements click here.