Lawyers Manual - Unified Court System
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Lawyers Manual - Unified Court System

Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System

nycourts.gov
from nycourts.gov More from this publisher
24.03.2013 Views

200 Hilary Sunghee Seo Advocate for Your Client with the Police Advise your client to report each incident of stalking to the police and to keep copies of all the reports; remind the police to cross reference and let them know of other reports in other locations. If you feel that the police are not taking your client’s concerns seriously and are reluctant to arrest the stalker, you may wish to, with the prior consent of your client, advocate with them directly, either by accompanying your client to the precinct or discussing her case with them over the telephone. Discuss Ongoing Safety Planning Advise your client to: change her home telephone number and locks; travel with others whenever possible; tell others where she is going and when she expects to return; keep a list of important phone numbers and the location of nearest police stations handy; vary work routes and schedules; keep money, a suitcase of clothes, backup keys and copies of important papers in a safe place; and keep her home address and phone number confidential. Assist Your Client in Filing a Family Offense Petition If your client is the victim of intimate partner stalking such that a family court will have subject matter jurisdiction of her case, you should discuss with your client the pros and cons of obtaining a family court order of protection. In family court, your client would be in control of her own case and would not have to rely on the criminal justice system to prosecute the case on her behalf. In most cases, on the same day she files a family offense petition, the family court judge will hear her case and grant her a temporary order of protection. Based on the facts of the case, the judge may grant her a “stay away” order of protection prohibiting the stalker from her home, her work place and from coming within a specified distance from her. Depending on the stalker’s personality and characteristics, such an order of protection, even while temporary, may afford your client with a strong degree of protection. On the other hand, initiating a case in family court would mean that your client has to have her stalker served and see him repeatedly in court. This may provoke the stalker and have the perverse effect of further compromising her safety. If your client decides to file a family offense petition in family court, you should accompany her to court and assist her in preparing the family offense petition whenever possible and try to find qualified legal counsel who can help her.

Conclusion Taking Stalking Seriously 201 The enactment into law of New York’s Anti-Stalking legislation was an important step in providing essential protection to a category of crime victims at grave risk of serious psychological harm, physical injury, and even death. However, stalking laws must be enforced to be effective. Crucial at this point is educating law enforcement officers, prosecutors, judges, health care professionals and the general public. Your role as victim advocate can be crucial in mobilizing a coordinated, effective and victim-centered response to stalking that can help secure her safety and bring her stalker to justice.

Conclusion<br />

Taking Stalking Seriously 201<br />

The enactment into law of New York’s Anti-Stalking legislation was an<br />

important step in providing essential protection to a category of crime victims at<br />

grave risk of serious psychological harm, physical injury, and even death.<br />

However, stalking laws must be enforced to be effective. Crucial at this point is<br />

educating law enforcement officers, prosecutors, judges, health care professionals<br />

and the general public. Your role as victim advocate can be crucial in mobilizing<br />

a coordinated, effective and victim-centered response to stalking that can help<br />

secure her safety and bring her stalker to justice.

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