Systems And Services Making A Difference

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N EW Y ORK S TATE ’S R ESPONSETO D OMESTIC V IOLENCESystems and Services Making a DifferenceOFFICE for the P REVENTION of D OMESTIC V IOLENCEW W W. O P D V. S T AT E.NY.US

Dedicated to creating a State in which all people live free fromdomestic violence–where equality, dignity and respect are actively embraced.D EAR C OLLEAGUE :Iam pleased to provide you with the premiereedition of the NYS Office for the Preventionof Domestic Violence (OPDV) publication,New York State’s Response to DomesticViolence: Systems and Services Making aDifference. It identifies and highlights the vastwork performed in New York State to respond todomestic violence. It provides information onfederal, state and local funding, training, services,and creative strategies used to address this issue.Because of its overlap with domestic violence,information on sexual assault has also beenincluded. It has long been my commitmentand challenge to create a single documentthat represents the totality of work beingaccomplished in the State of New York toend violence against women.OPDV is excited to distribute this comprehensivestatewide publication. There has never beforebeen a document of this magnitude. However,despite all attempts to capture every program orresponse, it is inevitable that there may be effortsnot yet identified and therefore not included inthis publication. We invite you to assist us in thisendeavor by telling us about unique, innovativeand creative strategies being embarked on inyour communities for possible inclusion infuture editions.New York continues its commitment to endviolence against women. From a Governorwho insists on “zero tolerance” and maintainsa State agency to address domestic violence,a Legislature that has passed hundreds of bills toassist victims and to hold offenders accountable,lawyers providing pro bono legal services tovictims, and programs providing life savingservices every day, we have accomplished a greatdeal. We need to continue, however, to listen toand learn from women who are abused to guideour future efforts. New York has been fortunateto receive millions of dollars in funding, however,there is so much more that needs to beaccomplished. While systems have trained amultitude of responders, there are still those whoneed to be reached. Programs have shelteredthousands of women and children, andthousands more victims need our assistance.Indeed, our work is more critical than ever.It is not feasible for one system alone to respondto domestic violence. Domestic violence affectsus all. Whether in the workplace, medicalcommunity, criminal justice system, school orspiritual community, there is an opportunity tomake a difference. We all have a part to play inending it. New York is a leader in making adifference. With your help, we will continueto lead change to move ever closer to ourgoal of ending violence against women inNew York State.Sherry Frohman, LMSWExecutive Director1OFFICE for the P REVENTION of D OMESTIC V IOLENCE WWW. OPDV. STATE . NY. US

Dedicated to creating a State in which all people live free fromdomestic violence–where equality, dignity and respect are actively embraced.New York State’s Response to Domestic Violence:Systems and Services Making a DifferenceThis publication was developed by the New York State Officefor the Prevention of Domestic Violence (OPDV)Authors/EditorsSuzanne Cecala, Program Administrator, Communications andPublic RelationsMary M. Walsh, Program Administrator, Community CoordinationProject DirectorGwen Wright, Director, Training and Policy DevelopmentAcknowledgmentsOPDV would like to thank the agencies that developed material andprovided information for this publication. They are: Center forCourt Innovation, Empire Justice Center, New York City Mayor’sOffice to Combat Domestic Violence, NYS Coalition AgainstDomestic Violence, NYS Coalition Against Sexual Assault, NYSCrime Victims Board, NYS Department of Health, NYS Divisionof Criminal Justice Services, NYS Office of Children and FamilyServices, NYS Office of Court Administration, and NYS Office ofTemporary and Disability Assistance.OPDV would also like to thank the New York Prosecutors TrainingInstitute, NYS Department of Corrections, NYS Division ofProbation and Correctional Alternatives, the New York State Police,CASA: Special Advocates for Children (CASANYS), and the LegalProject for their assistance in the development of this publication.Special thanks to: Deborah Vogel, OPDV Legislative ProgramAdministrator, for her assistance in the development of thispublication, especially the Legislation section; Kim Oppelt, Bureauof Justice Funding, Violence Against Women Unit, NYS Division ofCriminal Justice Services, for providing information and reviewingthe final document; and OPDV staff who contributed to thedevelopment of this publication, including Deborah Jakob, PattieLis, Sue Parry, and Wendy Passero.Finally, OPDV would like to thank the advocates throughout theState who work tirelessly to ensure that the voices of victims andtheir families are never lost.Graphic design by Kimberly Smith Company. 2006 by NYS Office for the Prevention of Domestic ViolencePermission to copy, use, and distribute information contained in the publication New York State’s Response to Domestic Violence: Systems andServices Making a Difference is hereby granted without fee for personal, private, and educational purposes, except that reproducing informationfor profit or any commercial use is strictly forbidden without specific permission from the New York State Office for the Prevention ofDomestic Violence (OPDV). Any reproduction or distribution of information must expressly credit OPDV in a prominent way likely to informany recipient as follows:From the New York State Office for the Prevention of Domestic Violence. New York State’s Response to Domestic Violence: Systemsand Services Making a Difference. 2006.This statement does not pertain to information in this publication that is credited to other sources, such as web sites.2OFFICE for the P REVENTION of D OMESTIC V IOLENCE WWW. OPDV. STATE . NY. US

Table of ContentsExecutive Summary . . . . . . . . . . . . . . . . . . . . . . . . . 4Criminal Justice & the Legal System (continued)Domestic Violence – An Introduction . . . . . . . . . . 6- CIVIL LEGAL SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38- FAMILY JUSTICE CENTERS . . . . . . . . . . . . . . . . . . . . . . . . . . 40- VINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41- WHAT IS DOMESTIC VIOLENCE . . . . . . . . . . . . . . . . . . . . . . . 7The New York State Office for thePrevention of Domestic Violence . . . . . . . . . . . . . . 8- OPDV HIGHLIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Legislation- NYS 2005 DOMESTIC VIOLENCE AND RELATED LAWS . . . . . 12- NYS LEGISLATIVE MILESTONES . . . . . . . . . . . . . . . . . . . . . . 14- NYS LAWS RELATED TO DOMESTIC VIOLENCE,LISTED BY SUBJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Funding- VAWA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20- NEW YORK STATE FUNDING . . . . . . . . . . . . . . . . . . . . . . . . 21- PRIVATE, CORPORATE AND LOCAL FUNDING . . . . . . . . . . . . . 27Training- PROVIDED BY THE OFFICE FOR THE PREVENTIONOF DOMESTIC VIOLENCE . . . . . . . . . . . . . . . . . . . . . . . . . . 28- PROVIDED BY ORGANIZATIONS AND AGENCIESIN NEW YORK STATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Advocacy and Direct Services – Domestic Violence- NEW YORK STATE COALITIONAGAINST DOMESTIC VIOLENCE . . . . . . . . . . . . . . . . . . . . 42- DOMESTIC VIOLENCE PROGRAMS . . . . . . . . . . . . . . . . . . . . 45- DOMESTIC VIOLENCE HOTLINES . . . . . . . . . . . . . . . . . . . . . .49Advocacy and Direct Services – Sexual Assault . .50- NEW YORK STATE COALITION AGAINST SEXUAL ASSAULT . . . . .51- RAPE CRISIS CENTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . .53- SEXUAL ASSAULT EXAMINER PROGRAMS . . . . . . . . . . . . . . . .56Protecting Children . . . . . . . . . . . . . . . . . . . . . . . . . .58Public Awareness . . . . . . . . . . . . . . . . . . . . . . . . . . .61Creative Approaches to Prevention . . . . . . . . . . . .63New York City Initiatives . . . . . . . . . . . . . . . . . . . . .65Community Coordination . . . . . . . . . . . . . . . . . . . .67Criminal Justice & the Legal System- DOMESTIC INCIDENT REPORT . . . . . . . . . . . . . . . . . . . . . . 31- ORDERS OF PROTECTION AND THENYS FAMILY PROTECTION REGISTRY . . . . . . . . . . . . . . . . . . 32- DOMESTIC VIOLENCE COURTS . . . . . . . . . . . . . . . . . . . . . . 33- INTEGRATED DOMESTIC VIOLENCE COURTS . . . . . . . . . . . . . . 35- BATTERER INTERVENTION PROJECT . . . . . . . . . . . . . . . . . . . . 36Appendix A: NYS Domestic Violenceand Rape Crisis Programs . . . . . . . . . . . . . . . . . . . 69Appendix B: NYS Sexual AssaultExaminer (SAE) Providers . . . . . . . . . . . . . . . . . . . . 753OFFICE for the P REVENTION of D OMESTIC V IOLENCE WWW. OPDV. STATE . NY. US

Dedicated to creating a State in which all people live free fromdomestic violence–where equality, dignity and respect are actively embraced.Executive SummaryDomestic violence has long been a private problem with public implications.Since the turn of the twentieth century, activists – from prohibitionists to suffragiststo civil rights leaders to feminists – have been diligent in bringing this social issue tothe forefront of the political and public policy agenda. In doing so, we have learnedthat this is an issue that affects every sector of our society.Since the late 1970’s,New York State hastaken up the challengeof responding to the needs ofvictims of domestic violence.Since the opening of the firstdomestic violence shelter inBrooklyn in 1976, residentialservices have been a priority.Today, New York has 2,768shelter beds available in a totalof 132 licensed residentialprograms across the State.New York State also boastsan extensive sexual assaultnetwork. According to theNYS Department of Health,77 rape crisis centersresponded to 18,409hotline calls and providedintervention and counselingover 140,000 times in2005*, alone.In the last ten years, theViolence Against Women Act(VAWA) has allocated morethan five billion dollars tolocales across the country withone mission in mind – to stemthe tide of violence againstwomen. New York hasreceived millions of dollars indirect funding from thefederal government. In 2005,the NYS Division of CriminalJustice Services, the Stateadministering agency of theVAWA STOP Violence AgainstWomen Program, distributedover five million dollars tosupport law enforcement,prosecution, sexual assaultand domestic violenceprograms throughout theState. In addition, severalmunicipalities and/or victimadvocacy programs receivedGrants to Encourage ArrestPolicies (GTEAP), LegalAssistance for Victims awards,Grants to Reduce ViolentCrimes Against Women onCampus, Education andTechnical Assistance Grants toEnd Violence Against Womenwith Disabilities, TransitionalHousing Assistance awards,and others as part of theVAWA grants program. NewYork was also the recipient offunding for two of the fifteenFamily Justice Centers in thecountry. These “one stopshops,” located in Brooklynand Buffalo, coordinatevarious services underone roof.New York State also spentover 103,000,000 ingovernment and privaterevenue in 2005 on servicesfor victims of domesticviolence and their children.New York State agencies suchas the Office of Children andFamily Services, CrimeVictims Board, Office ofTemporary and DisabilityAssistance, Department of4OFFICE for the P REVENTION of D OMESTIC V IOLENCE WWW. OPDV. STATE . NY. USHealth and othersdisseminated millionsof dollars in funding tocommunities in New YorkState to support domesticviolence and sexual assaultefforts on the local level.To ensure that all professionalsare afforded consistentinformation and training toenhance their response tovictims of domestic violenceand their families, New Yorkhas made training a priority.In 2005, thousands ofprofessionals around the Statereceived specialized training.These trainings were designedto increase the awareness andskills of police officers, childprotective workers,Department of Social Servicesstaff, health care workers,advocates, probation andparole officers, and mentalhealth professionals.

EXECUTIVE SUMMARYThe criminal justice systemhas been a hallmark in theresponse to domestic violence.New York State’s FamilyProtection and DomesticViolence Intervention Actof 1994 revolutionized thecriminal justice responseto domestic violence byestablishing mandatoryarrest in domestic violencecases and enacting othergroundbreaking provisions.Many police departmentsand prosecutors’ offices haveestablished specializeddomestic violence and sexualassault units. In addition,there were 28 IntegratedDomestic Violence Courts and25 Domestic Violence Courtsin New York handlingcriminal and civil mattersacross the State in 2005.Since the establishment of theDomestic Incident Report,New York has taken a giantstep in documenting theincidence of domesticviolence for the first timeever. Approximately 450,000incidents are reported topolice departments each year,and we know there are manymore incidents that nevercome to the attention of thecriminal justice system.From its inception through2005, 1,411,264 ordersof protection have beenentered into the NYSFamily Protection Registry.New York has been a leader inthe development of publicawareness campaigns over theyears. In 2005, a focus onteens led to the awardwinning poster with thetheme, “You are not hisproperty,” featuring a youngwoman with a bar code acrossher forehead. This poster wasfeatured in shopping mallkiosks across the State andreceived wide approval. Inpartnership with the NYSBroadcasters Association, NewYork was also able to developradio spots that featured themessage, “If it doesn’t feelright, it probably isn’t.”All of these accomplishmentscome about due to thededication and commitmentof public and privateindividuals and organizations.And while they are many,there is a lot yet to be done.Gathering and compilingall of this information iscomplicated by the fact thatthe system in New York is socomplex. Much as victims andsurvivors must navigate a hostof agencies to get what theyneed, so would anyone who islooking for a snapshot of theState’s response to domesticviolence and sexual assault.Services are paid for by oneagency, but regulated byanother. Several differentagencies provide funding forservices, each with differentreporting requirements. As aresult, agencies keep theirstatistics differently. Someagencies count individualsserved, while some count thenumber of times they provideservices, even if it is to thesame person. Some criminaljustice agencies are unable tocommunicate electronically,yet may be serving the samefamily. With so many differentfunding streams – federal,state, local communities –an accurate total of all fundingin the state is elusive. Thispublication is the first attemptto begin addressing theseconcerns, while highlightingthe achievements madeby such a great state.We are committed tohelping agencies streamlineinformation to make reportingand providing accurateinformation more possible.All New Yorkers should beproud of the strides that havebeen made in this arena, andshould continue to worktogether to ensure that NewYork remains a leader inresponding to violenceagainst women.*Whenever possible, data reported in this publication is from 2005.5OFFICE for the P REVENTION of D OMESTIC V IOLENCE WWW. OPDV. STATE . NY. US

Dedicated to creating a State in which all people live free fromdomestic violence–where equality, dignity and respect are actively embraced.Domestic Violence – An IntroductionUnderstanding why domestic violence occurs is critical if we are to succeedat the enormous challenge of ending it. Domestic violence is rooted in along history of oppression.Social values and beliefshave long supported thenotions that women andchildren are the property ofmen, that men have the rightto control their wives andchildren, that men have theright to have sex with theirwives, and that husbands cangive their wives “correction” asnecessary to maintain familyorder and their own authority.This belief system prevailed inother arenas, such as religion.In marriage, a father “gaveaway” his daughter to thegroom, representing thetransfer of property from onemale to another. Rape was nota crime against the femalevictim but a crime against thefather or husband. (This isstill true today in other parts1976: The first domestic violenceshelter opened in New York City.of the world, wherewomen who are raped aresubsequently murdered in“honor killings” becausethey have brought dishonorto the family.)About 150 years ago, peoplebegan to move toward findingviolence against womenunacceptable. By the 1880s,many states in the UnitedStates had laws restrictingrights of men to “chastise”wives and children, butusually either the laws werenot enforced or those inviolation of the law were notpunished. In 1920, the 19thAmendment was adopted,giving women the right tovote. Interestingly, the suffrageand prohibition movementsoccurred simultaneously, as1977: State funding was providedfor shelters and victims of domesticviolence. A law was passedallowing married victims ofdomestic violence to file criminalcharges against a spouse.temperance leaders believedthe organized suffragists couldhelp them achieve their goalsand women reformers thoughtalcohol was a causal factor inwife beating and child abuse,which it is not.In the 1960s, child abusebegan to be addressed as amajor social issue, throughprogramming, legislation andpolicy initiatives. The abuseof women by their partners(husbands or otherwise)however, remained in theshadows. The attitudeprevailed that womensomehow brought the abuseon themselves and, unlikeabused children, women werethought to be responsible forthe violence perpetratedagainst them.1978: The New York StateCoalition Against DomesticViolence (NYSCADV) wasestablished.6OFFICE for the P REVENTION of D OMESTIC V IOLENCE WWW. OPDV. STATE . NY. USIn the early 1970s, womenbegan to create a grassroots,informal network of services,safe homes and local domesticviolence hotlines, to providesupport to the growingnumber of women beingbattered who were callingrape crisis hotlines seekinghelp and safety. As themagnitude of the problembecame clear, a range ofservices, including a networkof shelters, was developed tobegin to address the safetyneeds of victims of domesticviolence. In its initial stages,these were almost entirelyvolunteer efforts, with little orno stable funding. The last 30years have seen enormousprogress, but there is stillmuch more to be done.1979: The NYS Governor’sTask Force on Domestic Violencewas created.

DOMESTIC VIOLENCE-AN INTRODUCTIONW HATISD OMESTIC V IOLENCE ?DOMESTIC VIOLENCE IS A PATTERN OF COERCIVE TACTICS THAT CAN INCLUDE PHYSICAL, PSYCHOLOGICAL,SEXUAL, ECONOMIC, AND EMOTIONAL ABUSE, PERPETRATED BY ONE PERSON AGAINST AN ADULTINTIMATE PARTNER, WITH THE GOAL OF ESTABLISHING AND MAINTAINING POWER AND CONTROL.DOMESTIC VIOLENCE OCCURS IN ALL KINDS OF INTIMATE RELATIONSHIPS, INCLUDING MARRIED COUPLES,PEOPLE WHO ARE DATING, COUPLES WHO LIVE TOGETHER, PEOPLE WITH CHILDREN IN COMMON,SAME-SEX PARTNERS, PEOPLE WHO WERE FORMERLY IN A RELATIONSHIP WITH THE PERSON ABUSINGTHEM, AND TEEN DATING RELATIONSHIPS.egally, domesticviolence is morecomplicated to definebecause there is no specificcrime of “domestic violence”in New York State law.Whether it is a victim’shusband or a stranger whoassaulted her, the elementsof the crime are the same.However, the way the offenseis addressed by the courts isin fact, somewhat different,depending on the relationshipof the victim to the abuser.Domestic violence is handledthrough the criminal courtsand the Family Court as a“family offense.”

The criminal justice system has been a hallmark in the response to domestic violence. New York State’s Family Protection and Domestic Violence Intervention Act of 1994 revolutionized the criminal justice response to domestic violence by establishing mandatory arrest in domestic violence cases and enacting other groundbreaking provisions.

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