Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
390 Stephanie Nilva and Kristine Herman dramatic misunderstandings if you have not clarified your client’s expectations in advance. Additionally, it is not uncommon for young people to test an adult’s loyalty or the boundaries of the relationship. Such testing might take many forms including hostility or trying to distance themselves to protect against feeling disappointed or abandoned. Remain alert to what your client’s motivations might be in pushing you away, and focus on reassuring her that she can rely on you. In your interview, explore the client’s abusive relationship but also the relationships of her family and friends. She may be close to her abuser’s relatives or have friends or relatives who date his friends or relatives, and this can cause her to feel pressured by additional people who have a stake in her relationship and any decisions she might make. Be particularly delicate about discussing the client’s sexual activity or any potential sexual assault, as this may raise additional defenses. A client willing to disclose physical abuse to you or to her family still may avoid sharing information about her sexual activity or assaults. You should, however, make clear that you are open to hearing about sexual abuse. Communicating With Your Young Client Be sure to explain to your client all of her legal options and every step of the legal process. Be clear, consistent and honest about the system’s limitations, and never make any promises that you can’t keep. In both face-to-face meetings and telephone contacts, extra care should be taken not to talk down to her or treat her as though she were a child. She may be young, but it is important that she be taken seriously and not treated in a condescending manner that minimizes her experiences, thoughts, or concerns. You will want to be extra aware of giving your young client all the respect and attention you automatically would give to someone older. Avoid taking calls or shifting your attention while your client is speaking. Be sure to acknowledge her feelings and circumstances. Validating her experiences and concerns about peer pressure or her social challenges with friends and relatives will help gain your client’s trust. Your client may have reasons for her behavior that seem ridiculous at first — she may tell you she stays with her abuser because he’s cute — and your ability to take her seriously will help her trust you. When communicating with your client, an authoritarian approach is likely to backfire, and avoiding any semblance of judgment or overassertive behavior will be helpful. Every attempt should be made to offer the client extensive information and guidance while supporting her choices. Your client will need concrete suggestions of how to increase her safety while in the relationship, but
Advocating for Youth in Domestic Violence Proceedings 391 your ideas will be better received if you brainstorm with her about her circumstances rather than simply lecturing her. Justice System Response Challenges to Access in New York State In New York, an order of protection can be issued by the Family Court only if the parties to the case are related by blood or marriage or share a child in common. Civil Supreme Court is open to domestic violence victims only if they are married. The vast majority of young people in intimate or dating relationships are not eligible for assistance in the civil courts and may use only the Criminal Court — which is open to individuals in all relationships — to access legal protection. Only a young person married to, or sharing a child in common with, the abuser will be eligible to seek assistance in both Family and Criminal Court simultaneously. Because the two court systems have different purposes, entry points, and relief available, you will have to be prepared to explain both systems to eligible clients. Beyond explaining eligibility, you should be prepared to explain the steps involved in each process. The idea of going to court — particularly Criminal Court — may be unusually intimidating and unappealing to a young victim, and your ability to demystify the process for your client may impact her decision to seek an order of protection. Criminal Justice System Many adolescent characteristics create challenges for advocates working with teenagers who are complaining witnesses in criminal cases. While victims of all ages may be reluctant to use the Criminal Courts to obtain protection, young victims are likely to be more secretive and distrustful of adults, especially police. Like an adult victim, a teen might avoid the police if her suspicion or fear of criminal authorities is greater than her concern for her own safety. She may be worried that speaking to police would implicate her in criminal behavior that she might have been encouraged or forced into by the abuser. Your client probably will struggle with making a decision that will further anger the abuser or result in punishment and a possible criminal record for her batterer. Her unwillingness to expose the abuser to sanctions may arise from fear or concern for him or for herself. She may be an undocumented immigrant and concerned about her own status or that of her family. If the abuser is
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Advocating for Youth in Domestic Violence Proceedings 391<br />
your ideas will be better received if you brainstorm with her about her<br />
circumstances rather than simply lecturing her.<br />
Justice <strong>System</strong> Response<br />
Challenges to Access in New York State<br />
In New York, an order of protection can be issued by the Family <strong>Court</strong> only<br />
if the parties to the case are related by blood or marriage or share a child in<br />
common. Civil Supreme <strong>Court</strong> is open to domestic violence victims only if they<br />
are married. The vast majority of young people in intimate or dating relationships<br />
are not eligible for assistance in the civil courts and may use only the Criminal<br />
<strong>Court</strong> — which is open to individuals in all relationships — to access legal<br />
protection. Only a young person married to, or sharing a child in common with,<br />
the abuser will be eligible to seek assistance in both Family and Criminal <strong>Court</strong><br />
simultaneously. Because the two court systems have different purposes, entry<br />
points, and relief available, you will have to be prepared to explain both systems<br />
to eligible clients. Beyond explaining eligibility, you should be prepared to<br />
explain the steps involved in each process. The idea of going to court —<br />
particularly Criminal <strong>Court</strong> — may be unusually intimidating and unappealing to<br />
a young victim, and your ability to demystify the process for your client may<br />
impact her decision to seek an order of protection.<br />
Criminal Justice <strong>System</strong><br />
Many adolescent characteristics create challenges for advocates working<br />
with teenagers who are complaining witnesses in criminal cases. While victims<br />
of all ages may be reluctant to use the Criminal <strong>Court</strong>s to obtain protection,<br />
young victims are likely to be more secretive and distrustful of adults, especially<br />
police. Like an adult victim, a teen might avoid the police if her suspicion or<br />
fear of criminal authorities is greater than her concern for her own safety. She<br />
may be worried that speaking to police would implicate her in criminal behavior<br />
that she might have been encouraged or forced into by the abuser.<br />
Your client probably will struggle with making a decision that will further<br />
anger the abuser or result in punishment and a possible criminal record for her<br />
batterer. Her unwillingness to expose the abuser to sanctions may arise from<br />
fear or concern for him or for herself. She may be an undocumented immigrant<br />
and concerned about her own status or that of her family. If the abuser is
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