New York Finally Expanded Its Archaic Domestic Violence Laws, Protecting All Victims

New York use to be known for its extremely limited domestic violence laws, almost to the point of possibly fostering the abuse. However, thanks to Governor Paterson and one persistent democratic assemblywoman, the definition of victim has been expanded.

As a national leader in narrow-minded laws that are suppose to protect victims of relationship violence, New York has finally stepped up to the plate and expanded the terms of Domestic Violence to include dating violence. An article last month in the New York Times spoke of Governor Paterson's intentions to sign an expansion of the state's very limiting domestic violence law. The new law would allow victims of dating violence in both heterosexual and homosexual relationships to obtain protective orders in civil family courts against their abusers. The New York law had previously only allowed the issuance of a TRO against spouses or former spouses, blood relatives or a parent of an abused child. Helene E. Weinstein, a democrat from Brooklyn has tried since 1988 to get legislation passed to help all victims of domestic violence but had failed to do so until recently. The NYT quoted her as saying:

Everybody but us allows a broader group of people to be able to get a civil order of protection,” she said. “The need became more apparent over time.”

Her efforts were supported by Paterson, who is a major supporter of both gay rights and victim's rights when it comes to domestic violence and dating violence. Paterson had made it a top priority to attend to New York's scrappy laws on domestic violence. Prior the new legislation being passed, homosexuals and those who were in dating violence situations had to request an order of protection from a criminal court, which meant the victim was not only forced to report the abuse to the police but that the alleged perpetrator had to be arrested. The new law doesn't place the burden on the victim, which has helped deter them from taking steps that might have saved some of their lives. Civil protection orders are issued on a low burden of proof without police involvement. The victim can have counsel without the involvement of a prosecuting attorney. As a Viewsday article points out, the previous system "paved the way to crisis". For New York teenagers who are the victims of Teen Dating Violence, this is good news. According to Stephanie Nilva, the director of Day One, a New York program designed to assist young people in abusive relationships:

...most teenagers would not even consider reporting abuse to the police and getting a classmate arrested. “That’s not something a kid is going to do,” she said. “They just want the protection and the violence to stop.”

For teens, this follows a recent survey that revealed a connection between preteen sexual activity and a high rate of abuse in relationships during the teen dating years. For those who are gay relationships, dealing with the police for a domestic violence call can also be very intimidating. This law puts all individuals on the same playing field when it comes to deterring violence and stopping abusers. In February of this year, the Center for Disease Control released some disturbing numbers that nearly one-quarter of all women in the nation have experienced what is called Intimate Partner Violence, or IPV. When it comes to violence in relationships whether the victim is a 15-year-old learning what is suppose to be healthy dating habits, a live-in situation between a couple or a married couple, a victim should have the means to obtain protection from an abuser. New York's law will finally offer this protection to all victims regardless of marital status or gender. About time.