Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
400 Stephanie Nilva and Kristine Herman 10. On average, women leave their abusers seven times before leaving permanently. June Sheehan Berlinger, Why Don’t You Just Leave Him? 4 Nursing 28, at 34-36 (1998). 11. Gender and Contextual Factors in Adolescent Dating Violence, supra, note 1. 12. Id.; S. Dasgupta, Towards an Understanding of Women’s Use of Non-Lethal Violence in Intimate Heterosexual Relationships, National Resource Center on Domestic Violence (February 2001). 13. A DIR only converts the case to an information if in the DIR the complaining witness has described the incident in her own words, named the defendant specifically, and signed the document. Clients should be instructed to write their own description of the incident on the DIR and sign it, so that the DIR can be used later as potential evidence. 14. According to Family Court Act § 822(a), “Any person in the relation to the respondent of spouse, or former spouse, parent, child, or member of the same family or household” may file the petition. Individuals in the “same family or household” include people related by blood or marriage, people who are married or divorced, or parents who have a child in common. See Family Court Act § 812 (1) (a-d). 15. Family Court Act §§ 241 and 249. The CPLR provides for representation by counsel of minors, and CPLR § 101 applies the CPLR to all matters not addressed by the Family Court Act. In practice, though, courts have determined that in paternity proceedings and child support cases involving minor parties, the FCA applies over the CPLR. Anonymous v Anonymous, 70 Misc 2d 584, 585 (Fam Ct Rockland 1972); Tiffany DD v James EE, 203 AD2d 688, 688-689 n 2 (3d Dept 1994). 16. Though CPLR § 1201 prescribes representation for a minor, the CPLR provisions only apply where the Family Court Act does not designate procedure. Family Court Act § 165 (a) and CPLR § 1201. Because Family Court Act §§ 241 and 249 preempt application of the CPLR by indicating the manner in which minors can be represented, which can include no representation, representation in Family Court is not mandatory in Article 8 proceedings for minors. 17. Though the New York State Social Services Law defines a “victim of domestic violence” as someone “over the age of sixteen,” the Family Court Act has no such designation. Social Services Law § 459-a. 18. Bureau of Justice Special Report: Intimate Partner Violence (May 2000).
23 Domestic Violence in the Lesbian, Gay, Bisexual, and Transgender Communities 1 by Sharon Stapel Domestic violence in the lesbian, gay, bisexual, and transgender (LGBT) 2 communities is an often ignored, sometimes confused, and rarely discussed problem. For the LGBT communities fighting for equality and the legitimization of their relationships, it can be difficult to admit that battering occurs. Many traditional models for addressing domestic violence assume intimate partners are heterosexual and omit reference to LGBT victims or craft solutions that fail to account for the impact of sexual orientation or gender identity. Some advocates and organizations may not know how to even begin to talk about the issue because of a lack of familiarity with the language or culture of the LGBT communities. Civil legal practitioners may want to help with the issue, but find that few, if any, civil legal remedies exist for LGBT clients. This article will explore the issue of intimate partner violence in the LGBT communities and the civil legal remedies that address this violence. Some legal remedies discussed in this article were crafted specifically to address domestic and intimate partner violence. However, since many survivors of violence in the LGBT communities cannot invoke the entire spectrum of remedies available for heterosexual survivors of domestic and intimate partner violence, also discussed are more creative, and perhaps less common, uses of law. The lesbian, gay, bisexual, and transgender communities are not interchangeable. For practitioners new to the issues of the LGBT communities, some of the language used to describe LGBT people and their partners or their identities can be confusing. Gender identity is often confused with sexual orientation. Sexual orientation is commonly defined as our preference for sexual partners — either same or opposite-sex partners. Lesbians generally identify themselves as women who partner with other women. Gay men generally identify themselves as men who partner with other men. Bisexual people often
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23<br />
Domestic Violence in the Lesbian, Gay,<br />
Bisexual, and Transgender Communities 1<br />
by Sharon Stapel<br />
Domestic violence in the lesbian, gay, bisexual, and transgender (LGBT) 2<br />
communities is an often ignored, sometimes confused, and rarely discussed<br />
problem. For the LGBT communities fighting for equality and the legitimization<br />
of their relationships, it can be difficult to admit that battering occurs. Many<br />
traditional models for addressing domestic violence assume intimate partners<br />
are heterosexual and omit reference to LGBT victims or craft solutions that fail<br />
to account for the impact of sexual orientation or gender identity. Some<br />
advocates and organizations may not know how to even begin to talk about the<br />
issue because of a lack of familiarity with the language or culture of the LGBT<br />
communities. Civil legal practitioners may want to help with the issue, but find<br />
that few, if any, civil legal remedies exist for LGBT clients.<br />
This article will explore the issue of intimate partner violence in the LGBT<br />
communities and the civil legal remedies that address this violence. Some legal<br />
remedies discussed in this article were crafted specifically to address domestic<br />
and intimate partner violence. However, since many survivors of violence in the<br />
LGBT communities cannot invoke the entire spectrum of remedies available for<br />
heterosexual survivors of domestic and intimate partner violence, also discussed<br />
are more creative, and perhaps less common, uses of law.<br />
The lesbian, gay, bisexual, and transgender communities are not<br />
interchangeable. For practitioners new to the issues of the LGBT communities,<br />
some of the language used to describe LGBT people and their partners or their<br />
identities can be confusing. Gender identity is often confused with sexual<br />
orientation. Sexual orientation is commonly defined as our preference for sexual<br />
partners — either same or opposite-sex partners. Lesbians generally identify<br />
themselves as women who partner with other women. Gay men generally<br />
identify themselves as men who partner with other men. Bisexual people often
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