The New York State Assembly has passed a new legislation package that will help protect domestic violence victims.
“The incidence of domestic violence in New York State remains very alarming,” said Assembly Speaker Sheldon Silver. “Not only must we enact harsher penalties for those who abuse, but we must also try to prevent future violence both ensuring that these criminals do not have access to firearms and by strengthening orders of protection.”
Provisions in the legislative package include:
? Waiving fees associated with modifying or altering a directory listing for telephone and cable if the person has an order of protection.
? The creation of an address confidentiality program.
? When an order of protection is being sought, the judge on the case would be required to ask if the defendant owns a firearm.
? Courts would be able to extend existing orders of protections if there is “a showing of good cause or consent of the parties.”
? It would be clarified that “there is no statute of limitations on the incidents of abuse that a victim may plead and prove and prohibit courts from dismissing an application or denying an order of protection solely on the basis that the alleged abuse was not pled within a particular period of time.”
? Following fact-finding being done by a judge or jury, individuals or parties who do not enforce orders of protection would be jointly liable for “all non-economic damages sought by a claimant.”
? A sentencing date would be used to determine when an order of protection would expire instead of the conviction date.
? Victims of domestic violence could not to be discriminated against in the workplace or housing.
? Domestic violence offenses would be added to the list of serious offenses.
? Non-relative domestic violence victims and those who have been emotionally harmed by abusers would be able to cast special ballots that would be similar to an absentee ballot.
“Laws that focus on preventing crimes and healing the wounded are as important as those that penalize the guilty,” Silver said.
