Throughout the state, dating couples and live-in partners, including same-sex couples, will now be protected by a newly signed domestic violence law.
New York Governor David Paterson recently signed state legislation that will give access to civil orders of protection to all partners, not just those who are married, divorced, blood-related or sharing a child together.
Until now, unmarried domestic partners had to obtain restraining orders through the criminal court system, a time-consuming and difficult process requiring a criminal complaint, Paterson explained.
At least 50 percent of the domestic violence cases in the state occur in non-family relationships, according to the New York State Division of Criminal Justice Services. Despite that, until now New York was the only state where unrelated domestic violence victims had no access to Family Court because of the state’s narrow eligibility definition, Paterson said.
“Assembly members and senators recognized that it was a matter of equality and public safety for all victims of intimate partner violence to have access to civil orders of protection, a powerful tool to enhance their ability to stay safe,” said Amy Barasch, executive director of the New York State Office for the Prevention of Domestic Violence.
“Everyone, no matter what their relationship, has a right to be kept safe,” said Councilmember Peter Vallone, who in March co-sponsored the same type of bill for the city.
Despite the support of Council Speaker Christine Quinn and Mayor Michael Bloomberg, the bill did not become a law. “We never had an opportunity to have a hearing,” explained a Vallone spokesperson.
Now, however, Vallone said he is pleased that city residents can finally be shielded from abusers. “As a former prosecutor, I can attest to the fact that there are many people in need of Family Court protection who are not able to get it,” Vallone said. “This bill will provide that protection.”