This form is an official State of New York Family Court sample form, detailed Information for Victims of Domestic Violence.
New York Information for Victims of Domestic Violence
State:
New York
Control #:
NY-8-1
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FAQ
Cuomo today signed legislation (S. 2416/A. 1945) to increase the statute of limitations for civil suits related to injury caused by domestic violence to two years.
Bash the abuser. Focus on the behavior, not the personality. Blame the victim. Underestimate the potential danger for the victim and yourself. Promise any help that you can't follow through with. Give conditional support. Do anything that might provoke the abuser. Pressure the victim. Give up.
Domestic violence can be handled in three different types of courts:civil court, where you might address violation of a protection order or sue for money damages (possible civil lawsuits include sexual harassment, personal injury).
We found 60% of domestic violence cases were dismissed. Even more troubling, we found the percentage and total number of dismissed cases has continued to climb over the three-year time period we reviewed. In 2016, 54% of cases were dismissed. Just two years later, in 2018, 66% of cases were dismissed.
Try talking to the person affected and help them to address the problems they're experiencing. Ask if they've suffered physical harm. Support them to report the assault to the police if they choose to do so.
One important strategy for reforming prosecutor response to domestic violence in the United States has been to create dedicated domestic violence units with the state prosecutor's officethat is, teams of prosecutors who prosecute only domestic violence cases.
These include jail time, domestic violence counseling, fines, various fees, probation and the issuance of a protective order. Additionally, the defendant will likely lose his or her Second Amendment rights and be required to forfeit all firearms. There may be custody issues involving his or her children.
If the altercation that led to the alleged domestic violence was less of an assault and more of a mutual fight, the accuser may realize they could be charged as well and invoke their fifth amendment right against self-incrimination. Without a cooperating witness, the case may be dismissed.
The vast majority of domestic violence defendants are first time offenders who have never been arrested before and are facing their first blush with the criminal justice system. Although it may seem very confusing, frustrating and stressful to go through the process most cases end with a dismissal of all charges.