Volume I Issue
2 July/August 2000Inside this issue:
Stalking Law
Domestic Violence and Public Assistance
CLE Training for Attorneys
Domestic Violence Clinic
Feedback
WHAT IS FAMILY COURT?
Family Court is a civil court that was created in order to help families with certain problems. Family Courts are organized on a county system, with each county in New York State having its own family court system. Erie County Family Court is located at 25 Delaware Avenue, in downtown Buffalo.
Family Court can deal with various family problems. It can handle custody disputes, visitation disputes, questions regarding child and spousal support, child abuse and neglect cases, as well as juvenile delinquent (JD) and persons in need of supervision (PINS) cases. Orders of Protection are available from Family Court. However, unlike criminal courts (city court or justice court), the focus of Family Court Orders of Protection is to protect, not to punish for wrongdoing.
While it is not necessary to be represented by an attorney in Family Court, it can be helpful.
To start a case in Family Court, a petition needs to be prepared. This can be done by going to Petition Processing, room 410, on the fourth floor of the Family Court building.
While matters involving custody, visitation, and Orders of Protection are heard before a judge, matters regarding child and spousal support are heard by Hearing Examiners.
For those who are seeking an Order of Protection due to physical violence, emergency representation may be available, dependent upon certain restrictions. This representation is provided by Neighborhood Legal Services, Inc. in conjunction with Child & Family Services Haven House. Those eligible will be advised during the petition filing process as to the availability of representation.
...the focus of Family Court Orders of Protection is to protect, not to punish for wrongdoing.
STALKING LAW
Part I
by: Jennifer DeCarli,
Domestic Violence Legal Coordinator,
Greater Upstate Law Project
New York passed the Clinic Access and Anti-Stalking Act of 1999 during the last legislative session, effective as of December 1, 1999. The passage of this law was an important victory for domestic violence victims as it recognizes that abusive behavior often involves stalking. Domestic violence is defined as a pattern of coercive behavior used to establish and maintain power and control over an intimate partner and/or family and household member. Oftentimes, stalking behavior, such as following the victim and/or her friends and family members, constantly calling the victim or flooding her with annoying and threatening written communication, is one of many tactics an abuser chooses to maintain power and control over his intimate partner. In a study conducted by the U.S. Department of Justice in 1997, 8.1% of American women and 2.1% of men will be stalked at some point in their lives, which equals approximately 1,000,000 women and 400,000 men each year.
This new law created four different degrees of stalking : stalking 4th, stalking 3rd, stalking 2nd and stalking 1st. It is extremely important to be familiar with these new crimes, as they provide advocates with increased legal options when working with domestic violence victims.
In Part II in the next issue of the newsletter, frequently asked questions regarding the stalking law will be discussed.
Domestic Violence and Public
Assistance
By Penny Selmonsky, Esq., Neighborhood Legal
Services
Women stay in abusive relationships for a variety of reasons. In many instances, women remain because of simple economics - victims stand to lose any economic security that the batterer may have been providing. Public Assistance may be a viable alternative. The Department of Social Services now offers temporary waivers of public assistance program requirements where compliance with these requirements would place the victim or her family in greater risk of harm or make it more difficult to escape from the abuse.
A waiver is a temporary suspension of public assistance requirements. DSS can waive:
1. Child support and paternity cooperation requirements: DSS may require cooperation with child support and paternity as a condition of eligibility for ongoing public assistance. Now, for victims of domestic violence, a referral will be made to a domestic violence liaison for screening and assessment purposes. After this assessment, the domestic violence liaison will determine whether or not DSS will try to locate the absent parent, establish paternity, or establish, modify or enforce an order of support or whether they will waive any and/or all of the child support and paternity cooperation requirements.
2. Alcohol and substance abuse rehabilitation requirements: DSS can require participation in alcohol treatment as a condition for receiving ongoing public assistance. Domestic violence victims will be referred to a domestic violence liaison for assessment. After the assessment, DSS can waive the rehabilitation requirement if the liaison determines that the victim would be placed at further risk by cooperating with alcohol and substance abuse rehabilitation. (For example the batterer might discover the victim’s treatment site.)
3. Work participation: DSS may require a person to participate in a work activity as a condition of eligibility for ongoing public assistance. However, once DSS is aware of the presence of domestic violence, work requirements can be waived by the domestic violence liaison if the waiver will reduce the risk of violence.
4. Minor parent eligibility requirements: DSS may require minor parents to attend school as a condition of eligibility for ongoing public assistance. However, this requirement may be waived if it is determined that the victim will be placed at further risk by cooperating.
5. Lien requirements on real property: DSS may require the signing of liens on real property as a condition of eligibility for ongoing public assistance. However, if the domestic violence liaison determines that signing the lien on real property that is owned jointly with the batterer will put the victim at further risk or make it more difficult for the victim to escape from violence, the requirement to sign the lien may be waived.
Waivers can be granted pursuant to a determination of good cause for so long as necessary in cases where compliance would make it more difficult for such individuals to escape domestic violence or unfairly penalize those who are or have been victimized by such violence or who are at risk of further domestic violence.
Waivers must be granted for at least 4 months and will be subject to ongoing review and may be extended, modified or terminated at any time. There is no maximum time limit on the length of waivers. Waivers must be reviewed no less than every six months to determine if the waiver is necessary. DSS must continue to review the waiver status after the initial four months or whenever circumstances change. After a waiver determination has been made the domestic violence liaison is responsible for notifying the other units such as employment or child support of the waiver decision.
Navigating the system at the Department of Social Services is not always easy. With the passage of the family violence option, DSS has begun to address the safety needs of domestic violence victims and their children by including procedures of screening for victims and by granting temporary waivers of public assistance requirements. Being aware of the available waivers requirements that are available can help you to ensure that your client gets all the benefits from the Department of Social Services to which she is entitled.
The Dynamics of Domestic Violence: CLE for Civil Attorneys
Child and Family Services’ Haven House, in conjunction with Neighborhood Legal Services, Inc., and Volunteer Lawyers Project, is offering a continuing legal education (CLE) seminar for attorneys on the dynamics of domestic violence. This free full day training, entitled “Domestic Violence for Civil Attorneys: How Domestic Violence Impacts Your Practice” is being offered free of charge and will be repeated three times: September 21 and October 27, 2000, downtown at the Statler Towers Buffalo Room, and on December 2, 2000, tentatively at the UB Law School. Attendees will receive CLE credit. The training, taught by Rochester attorney Catherine Cerulli, will focus on such things as practical tips for providing representation for domestic violence victims and a case law update.
For more information, complete and return the registration form on page 4 of this issue.
ONE ATTORNEY’S EXPERIENCE:
ECBA VOLUNTEER LAWYERS PROJECT
DOMESTIC VIOLENCE CLINIC
By Kimberly Balthasar, Esq., Dempsey & Dempsey
The Haven House Legal Clinic, operated by Volunteer Lawyer's Project in conjunction with Haven House, provides on-site free legal advice to women in abusive relationships. There are financial restrictions for this program. The Clinic is staffed by a law student and volunteer attorney, who determine on a case by case basis whether a client qualifies financially and legally for the Clinic.
As a volunteer attorney at the Haven House Legal Clinic, I can testify to the service it provides to women in often desperate and difficult situations. My experience with the Legal Clinic began while I was the law school coordinator for the program, and continues to the present as a volunteer attorney. There is no singular face, nor singular voice, to the women I have heard tell their stories, but there is a singular theme...domestic violence. Many of these stories are painful to recall.
Each woman has the opportunity for a one-on-one consultation with the attorney, and has the opportunity, sometimes for the first time, to tell her story and ask questions. Many women attending the clinic ask this question: what are my rights? As we know, the answer to this question can be complex. Clients are given advice on a variety of topics, including custody, child support and divorce, and are referred to the proper agency for assistance. This is often to Neighborhood Legal Services, Inc., for an expedited referral, representation by Volunteer Lawyer=s Project or advice on how to file petitions in Family Court.
Not all of the women who utilize the services of the clinic are staying at Haven House. The clinic also serves women who are receiving other services from Haven House as well. These women are often in more precarious situations than those who are staying at Haven House because they are often still living with the abuser. Therefore, the volunteer attorneys often assist the women in creating a safety plan in the event that there is an emergency. Some general advice includes saving money, keeping a spare set of keys and clothes and hiding important documents in a safe place.
The Clinic relies upon volunteer attorneys in private practice to staff the legal counseling sessions. Volunteer attorneys may choose in advance when and how often they would like to volunteer. The average volunteer staffs the Legal Clinic one Tuesday evening every two or three months. While many of the attorneys volunteering at the Legal Clinic practice family law, the program was designed to allow any attorney the opportunity to be involved. In fact, attorneys from other practice areas are encouraged to attend. Often the women have questions on such topics as bankruptcy and real estate/landlord/tenant issues. Domestic violence training, is being offered to attorneys free of charge that will provide CLE credit. (See article on page 3).
If you know someone who would benefit from the Haven House Legal Clinic, contact Haven House at 884-6002. If you would like to volunteer as an attorney, contact Volunteer Lawyers Project at 847-0662
Clients are given advice on a variety of topics, including custody, child support and divorce.
FEEDBACK
Want more information? Complete this form and mail or fax to Neighborhood Legal Services, Inc.
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Inc., provides.
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Neighborhood Legal Services, Inc., Volunteer Lawyers Project, and Haven House have received a grant from the U.S. Department of Justice to provide holistic legal services to victims of domestic violence. This program, funded under the Violence Against Women Act (VAWA), is intended to provide civil legal services to women who are transitioning out of violent relationships and who need assistance with multiple civil legal problems. Income restrictions apply. Eligible clients not only can receive legal assistance with family and matrimonial problems, but with other civil legal problems as well, such as public assistance, SSI, housing, etc. While Neighborhood Legal Services, Inc., cannot provide assistance with immigration or bankruptcy problems under this grant, clients can be referred to Volunteer Lawyers Project for help.
To refer clients to our program, write or call Neighborhood Legal Services, Inc., and ask for the Domestic Violence voice mail box.
This bi-monthly newsletter is published by Haven House, Neighborhood Legal Services, Inc., and Volunteer Lawyers Project, Inc., to provide information to the community and to agencies regarding the civil legal services available to victims of domestic violence in Erie County. Your feedback and suggestions for future articles are welcome. You can reach us at Neighborhood Legal Services, Inc., 295 Main St., Rm. 495, Buffalo, NY 14203, ATTN: Domestic Violence Newsletter, or by email at snosenchuck@ nls.org.
Neighborhood Legal Services, Inc. (NLS) is a not-for-profit agency located in Buffalo, New York. NLS provides free civil legal services to persons with low-income and persons with disabilities through its Housing, Family, Public Benefits, and Disability Units. It also provides a wide range of technical assistance and support services, primarily under its disability-related grants.
CONTACT INFORMATION:
Neighborhood Legal Services, Inc. 847-0650
Volunteer Lawyers Project 847-0662
Haven House 884-6002
Domestic Violence Newsletter
Editor: Sharon L. Nosenchuck, Esq.
Layout Assistant: Josie K. Lipsitz
Neighborhood Legal Services, Inc.
295 Main Street
Room 495
Buffalo, NY 14203
Phone: 716-847-0650
Fax: 716-847-0227
Email: snosenchuck@nls.org
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