Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
412 Sharon Stapel their victims that no one else will care about them, and that if victims seek assistance from others, they may be at risk for bias or even abuse, unfortunately not an unfounded concern. LGTB abusers may also use these biases within relationships to control their victims’ forms of self-expression or social contact with others.” D. Dolan-Soto & S. Kaplan, New York Lesbian, Gay, Transgender and Bisexual Domestic Violence Report, 2003- 2004: A Report of the New York City Gay and Lesbian Anti-Violence Project, http://www.avp.org/ (last visited May 1, 2006). 9. For more information on LGBT domestic violence and referrals throughout the state, contact: The New York City Gay and Lesbian Anti-Violence Project, 240 West 35th Street, Suite 200, New York, New York 10001, (212) 714-1184, http://www.avp.org, or visit the websites found in the endnotes of this article. 10. This might be uncomfortable for practitioners unfamiliar with the language or culture of the LGBT communities. However, practitioners can best help clients when they strive to understand the cultural norms and community mores of clients whose experiences are different from their own. 11. See Dorchen A. Leidholdt’s chapter “Interviewing Battered Women” in this publication. 12. This appears to be a common tactic of batterers in same-sex relationships, according to the New York City Gay and Lesbian Anti-Violence Project. Often, batterers request services pretending to be the victim, both to prevent the victim from accessing services and to keep track of the victim’s options in reaching out for assistance. There is no way to figure out which partner is statistically more likely to be the batterer based on gender in same-sex relationships. Therefore, practitioners must be vigilant in both welcoming LGBT clients but also be more deliberate in engaging in a victim/aggressor analysis of the relationship. 13. None of these factors is determinative, of course. It should be mentioned that many clients who are victims are also seeking “justice” or want their abuser “to pay.” This is a typical and normal reaction and may not indicate that the client is an abuser. However, these factors, viewed through the totality of the circumstances, including any past accusations of abuse against the client, can be helpful in determining who is the aggressor. For more information about this topic, contact The New York City Gay and Lesbian Anti-Violence Project, http://www.avp.org.
Domestic Violence in the LGBT Communities 413 14. Insured same-sex live-in partner was not a “spouse” entitled to underinsured motorist coverage under the supplementary uninsured motorist clause in the named insured’s automobile policy, even if the word “spouse” could be understood to include same-sex partners living together in a spousal-type relationship, absent evidence that the relationship between the two was of this nature. Dicta suggested that with evidence, same-sex couples might qualify as “spouse.” Ortiz v NYC Transit Authority, 267 AD2d 33 (1st Dept 1999). Unmarried same-sex couples are not considered “surviving spouses” under the Estates Power and Trust Laws (EPTL). In the Matter of Cooper, 149 Misc 2d 282 (Sur Ct Kings Co 1990), aff’d, 187 AD2d 128 (2d Dept 1993), lv dism, 82 NY2d 128. Nor was a domestic partner of a flight attendant who died in an airplane crash a “surviving spouse” for purposes of seeking death benefits. Valentine v American Airlines, 17 AD3d 38 (3d Dept 2005). Similarly, derivative lossof-consortium claim can not be maintained based on claimant’s status as registered domestic partner in New York City because lawful marriage is required. Lennon v Charney, 797 NYS2d 891 (Sup Ct, Westchester County, 2005). Most recently, the Appellate Division, Second Department held that a surviving partner of a same-sex Vermont civil union was not a “surviving spouse” within the meaning of the EPTL’s definition of classes of decedent’s distributees and therefore could not bring a wrongful death action arising from his partner’s death. The Court of Appeals dismissed appeal from the Second Department. Langan v St. Vincent’s Hospital of New York, 196 Misc 2d 440 (Sup Ct Nassau Co 2003), rev’d, 2005 WL 2542658 (2d Dept 2005), app dism, 6 NY3d 890 (2006). 15. Although we have found no case law on point, from speaking to trans activists and attorneys it appears that, for the purposes of the Family Court Act or Domestic Relations Law, the courts will likely define an “opposite gender” partner as a partner with the gender that is the opposite of the trans client’s birth certificate gender (and not his/her gender identity if it is different from that of the gender on his/her birth certificate). For example, a male-to-female transwoman would identify as a woman, but if her birth certificate still reflects “male” as a gender, the courts will likely, for the purposes of granting marriage licenses, etc., define her as “male.” 16. The Court of Appeals, in Hernandez v Robles, 794 NYS2d 579 (Sup Ct, NY County, 2005), rev’d and vacated, 26 AD3d 98 (1st Dept 2005), aff’d, 2006 WL 1835429 (2006), held that the Domestic Relations Law prohibited same-sex marriage and did not violate the equal protection or due process clauses of the New York State Constitution, and that “. . . whether such marriages should be recognized is a question to be determined by the Legislature.”
- Page 379 and 380: Helping Immigrant Victims Access Fe
- Page 381 and 382: Helping Immigrant Victims Access Fe
- Page 383 and 384: Helping Immigrant Victims Access Fe
- Page 385: Helping Immigrant Victims Access Fe
- Page 388 and 389: 370 Dorchen A. Leidholdt Traffickin
- Page 390 and 391: 372 Dorchen A. Leidholdt Before you
- Page 392 and 393: 374 Dorchen A. Leidholdt such as sw
- Page 394 and 395: 376 Dorchen A. Leidholdt keeping he
- Page 396 and 397: 378 Dorchen A. Leidholdt FGM is roo
- Page 398 and 399: 380 Dorchen A. Leidholdt Notes 1. T
- Page 400 and 401: 382 Dorchen A. Leidholdt 17. See In
- Page 403 and 404: 22 Advocating for Youth in Domestic
- Page 405 and 406: Distrust of Authority Advocating fo
- Page 407 and 408: Advocating for Youth in Domestic Vi
- Page 409 and 410: Advocating for Youth in Domestic Vi
- Page 411 and 412: Advocating for Youth in Domestic Vi
- Page 413 and 414: Advocating for Youth in Domestic Vi
- Page 415 and 416: Advocating for Youth in Domestic Vi
- Page 417 and 418: Notes Advocating for Youth in Domes
- Page 419 and 420: 23 Domestic Violence in the Lesbian
- Page 421 and 422: Domestic Violence in the LGBT Commu
- Page 423 and 424: Domestic Violence in the LGBT Commu
- Page 425 and 426: Domestic Violence in the LGBT Commu
- Page 427 and 428: Domestic Violence in the LGBT Commu
- Page 429: Notes Domestic Violence in the LGBT
- Page 433 and 434: Domestic Violence in the LGBT Commu
- Page 435 and 436: Domestic Violence in the LGBT Commu
- Page 437: Domestic Violence in the LGBT Commu
- Page 441 and 442: Appendices Power and Control Wheel
- Page 443 and 444: Appendix B Immigrant Power and Cont
- Page 445: Appendix D Lesbian/Gay Power and Co
- Page 449 and 450: Contributors Liberty Aldrich is the
- Page 451: Hilary Sunghee Seo is Co-Director o
412 Sharon Stapel<br />
their victims that no one else will care about them, and that if victims seek<br />
assistance from others, they may be at risk for bias or even abuse,<br />
unfortunately not an unfounded concern. LGTB abusers may also use these<br />
biases within relationships to control their victims’ forms of self-expression<br />
or social contact with others.” D. Dolan-Soto & S. Kaplan, New York<br />
Lesbian, Gay, Transgender and Bisexual Domestic Violence Report, 2003-<br />
2004: A Report of the New York City Gay and Lesbian Anti-Violence<br />
Project, http://www.avp.org/ (last visited May 1, 2006).<br />
9. For more information on LGBT domestic violence and referrals throughout<br />
the state, contact: The New York City Gay and Lesbian Anti-Violence<br />
Project, 240 West 35th Street, Suite 200, New York, New York 10001,<br />
(212) 714-1184, http://www.avp.org, or visit the websites found in the<br />
endnotes of this article.<br />
10. This might be uncomfortable for practitioners unfamiliar with the language<br />
or culture of the LGBT communities. However, practitioners can best help<br />
clients when they strive to understand the cultural norms and community<br />
mores of clients whose experiences are different from their own.<br />
11. See Dorchen A. Leidholdt’s chapter “Interviewing Battered Women” in this<br />
publication.<br />
12. This appears to be a common tactic of batterers in same-sex relationships,<br />
according to the New York City Gay and Lesbian Anti-Violence Project.<br />
Often, batterers request services pretending to be the victim, both to<br />
prevent the victim from accessing services and to keep track of the victim’s<br />
options in reaching out for assistance. There is no way to figure out which<br />
partner is statistically more likely to be the batterer based on gender in<br />
same-sex relationships. Therefore, practitioners must be vigilant in both<br />
welcoming LGBT clients but also be more deliberate in engaging in a<br />
victim/aggressor analysis of the relationship.<br />
13. None of these factors is determinative, of course. It should be mentioned<br />
that many clients who are victims are also seeking “justice” or want their<br />
abuser “to pay.” This is a typical and normal reaction and may not indicate<br />
that the client is an abuser. However, these factors, viewed through the<br />
totality of the circumstances, including any past accusations of abuse<br />
against the client, can be helpful in determining who is the aggressor. For<br />
more information about this topic, contact The New York City Gay and<br />
Lesbian Anti-Violence Project, http://www.avp.org.