Case Law Update
The Domestic Violence Case Law is now available on the Online Resource Center where you will find comprehensive summaries of selected domestic violence-related state court decisions in New York, as well as some federal decisions. Access is restricted to New York State-based civil legal services attorneys.
Child Welfare
Court of Appeals to Rule on Child Witnessing of Domestic Violence
June 1, 2004
Federal civil rights class action suit filed on behalf of battered mothers and their children challenging the constitutionality of New York City’s child protection practices in cases involving domestic violence. Read More
Child Welfare Archives
Confidentiality
New Social Security Numbers for Domestic Violence Victims
June 1, 2004
A summary of how to obtain a new Social Security number for victims of domestic violence. Read More
Confidentiality Archives
Criminal
Court of Appeals Affirms People v. Wood Decision
January 1, 2001
Court of Appeals affirmed the People v. Wood decision issued by the Appellate Division 4th Department, holding that double jeopardy prohibited finding the Respondent guilty of contempt 1st for violating a criminal court order of protection when he had previously been found to have willfully violated a Family Court order of protection based on the same underlying acts. Read More
Criminal Archives
Custody & Visitation
New Law Provides Assigned Counsel in Certain Supreme Court Proceedings
October 1, 2006
Under Family Court Act §262, certain litigants are entitled to assigned counsel in a myriad of Family Court proceedings including, but not limited to, family offense, custody and visitation, paternity establishment, child welfare, and contempt matters. Read More
Custody & Visitation Archives
Family Offense & Order of Protection
"Fair Access" to Civil Orders of Protection
A Progress Report One Year Later
January 16, 2010
To victims of intimate partner violence, civil orders of protection represent one of the most sought after and useful legal remedies available to help provide protection from abuse. Read More
Family Offense & Order of Protection Archives
Stalking
Court of Appeals Upholds the Constitutionality of New York’s Stalking Law
August 1, 2003
The Court of Appeals rejected arguments by defendant, Paul Stuart, that the New York State anti-stalking law was unconstitutionally vague both on its face and as applied to him. This was the first legal challenge to ascend the entire appellate ladder in New York State Read More
Stalking Archives
State & Federal Fire Arms
Federal Domestic Violence Crimes
January 1, 2001
This article has been updated in light of the recent amendments to the following crimes that were contained in the Victims of Trafficking and Violence Prevention Act of 2000 of which VAWA II was a part of. Read More
State & Federal Fire Arms Archives