Domestic violence bill closes loopholes

Last year 12 victims of domestic violence were killed in Queens. Every day so far this year, between 400 and 600 domestic violence incidents have been reported to the Domestic Violence Hotline citywide.
Up until last week, current state law only gave the right to obtain civil orders of protection in Family Court to domestic violence victims who are married, divorced, blood related, or parents of the same child. All others had to seek an order of protection in Criminal Court, which requires criminal prosecution and may result in the creation of a criminal record for the defendant.
Mayor Michael Bloomberg and City Council Speaker Christine Quinn introduced legislation on Wednesday, March 5 that addresses the loophole in the present law.
“Domestic violence doesn’t only happen to legally married people, but for too long, the law has not provided the same kind of protections to domestic violence victims in other types of committed relationships,” said Bloomberg.
The Domestic Violence Civil Protection Act broadens protection for domestic violence victims who are abused by their past or current domestic partners or live-in boyfriends or girlfriends.
The new bill will allow unmarried individuals who live or have lived with an abuser, pregnant women who live with the fathers of their unborn children and Lesbian, Gay, Bi-sexual and Trans-sexual individuals who are abused by their live-in intimate partner the right to get a civil order of protection in Supreme Court without having their current or former loved one arrested.
Civil orders of protection remove the need for a criminal proceeding. Perpetrators can be directed to stay away from the victim or require the alleged abuser to enroll in an education program for batterers.
“Domestic violence does not discriminate, and we continue to seek innovative solutions to help all domestic violence victims achieve safety,” said Commissioner Yolanda B. Jimenez of the Mayor’s Office to Combat Domestic Violence. “Victims do not have to suffer in silence. We provide assistance through the criminal justice, health, and social service systems to all victims and their children.”
Under the proposed bill, violation of an order of protection would constitute criminal contempt, which can be prosecuted in Criminal Court. Should there be any violence after an order is issued, the perpetrator will be prosecuted.
City Councilmember Leroy Comrie, co-sponsor of the law, said, “Domestic violence is pervasive throughout our city and my home borough of Queens is no different.” Comrie added, “There are over 2,000 requests for civil orders of protection in Queens annually.” This bill offers protection for many more victims who previously had no legal recourse.
The bill’s other co-sponsor, City Councilmember Peter Vallone, Jr., said, “Everybody, no matter what their relationship, has a right to safety.”
We too, think this bill will help many people who are in need of protection and we hope the full City Council will pass this historic legislation.