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Domestic Violence Legal Network Scrambles to Find Needed FundingBy Laura Haring This article first appeared in the New York Law Journal on 06-20-2011: The Nassau County Coalition Against Domestic Violence recently honored approximately 50 attorneys who have volunteered their time to help secure divorces for nearly 60 victims of domestic violence since October 2009. At the same time, however, the coalition is scrambling to secure alternative funding to keep the pro bono program going when the grants that helped launch it expire in September. The coalition started its Legal Resource Network with two federal grants totaling $700,000. The money allowed the coalition to start a website—www.legalresourcenetwork.org—organize training and produce forms and other necessary materials for attorneys unfamiliar with the complex challenges of representing domestic violence victims. The cases, which include complicated child custody and support issues, "generally take longer because most abusers are about power and control and they're used to having everything their way," said Lois Schwaeber, director of legal services at the coalition. And victims "need a lot of TLC and attention because most have not been making decisions on their own, so they need to have long conversations about their options." The network's activities have been "extensive and has been terribly successful," she said. With pro bono attorneys supplementing the coalition's five staff attorneys, the waiting time for services has been cut to a few months from two to three years, she said. However, while the federal money covered start-up costs, the Legal Resource Network still needs about $75,000 a year to pay the salaries of two staff members. Without the money, those staffers would be laid off, and Ms. Schwaeber said she fears the result would be that the network would lose the ability to recruit what it estimates could be 25 additional pro bono attorneys a year, and some current volunteers could drop out. David Mejias, a managing partner at family law firm Mejias, Milgram and Alvardo in Glen Cove and Hempstead, one of the coalition honorees, has worked with the group for 14 years and acts as a mentor for other volunteers. Mr. Mejias said that network staff play a vital role in not only recruiting attorneys but also in vetting cases and assigning and following up with clients. Their presence has made the coalition "a much bigger force for change," he said. Ms. Schwaeber said that the coalition has applied for several new grants, but noted that most grants focus on getting pilot programs up and running and are less interested in donating additional money to sustain them. "Just to pay salaries doesn't inspire people to give money," she said.
Reprinted with permission from the New York Law Journal. Copyright 2011. ALM Media Properties, LLC. Further duplication without permission is prohibited.
Praise For New Law Granting Financial Help in Divorce"I saw a woman yesterday whose husband had seven attorneys. He's now back to his first attorney. It's a stalling tactic. As long as this goes on, he doesn't have to divide the wealth. She's living in her mother's house, and he has his money." - Lois Schwaeber Esq., Director of Legal Services at the Nassau County Coalition Against Domestic Violence Originally published: August 18, 2010 in Newsday Domestic violence groups on Long Island are applauding a new law that will grant temporary assistance to the poorer spouse during a divorce case. The new law, part of a package of legislation that Gov. David A. Paterson signed this week that includes the no-fault divorce law, establishes a formula that courts must use in determining how much financial support the higher-earning spouse must give to his or her spouse during their divorce case. Previously, such support was up to the judge. The law takes effect Oct. 12. Wendy Linsalata, director of advocacy services at the Suffolk County Coalition Against Domestic Violence, said she expects the law to especially help victims of domestic violence - who are overwhelmingly women - since abusive spouses often will withhold money to control their partners. "Part of the abusive behavior is economic control and abuse," Linsalata said. "While the divorce is pending, the victim is left penniless." Lois Schwaeber, director of legal services at the Nassau County Coalition Against Domestic Violence, said that divorce cases can take years to conclude. Previously, the poorer spouse could sometimes end up with no money to live on at all, she said, while the spouse with the higher income delays the proceedings. "I saw a woman yesterday whose husband had seven attorneys. He's now back to his first attorney," Schwaeber said. "It's a stalling tactic. As long as this goes on, he doesn't have to divide the wealth. She's living in her mother's house, and he has his money." Under the new law, if the higher-earning spouse makes less than $500,000, the judge will apply a mathematical formula based on the difference between the two incomes. If one of the incomes is more than $500,000, the judge would also consider other factors such as the length of the marriage, the needs of the lower-earning spouse and any children, and whether there was domestic violence. The formula doesn't apply to the indigent. But Lee Rosenberg, a Garden City attorney and vice chair of the Nassau County Bar Association's matrimonial law committee, said, "You could plug in the information and come up with a number, but does that number exceed the person's needs, so that the moneyed spouse is paying more than the nonmoneyed spouse might need?" Rosenberg said. " I really do not believe this statute was looked at as long as it should have." Reprinted from The New York Newsday, August 18, 2010.
Governor Paterson Passes a No-Fault Divorce Package which Includes a Temporary Maintenance Formula and Award of Counsel Fees to the Non-monied Spouse Along with no-fault divorce and an award of counsel fees to the non-monied spouse, Governor Paterson also signed into law this week a formula to determine temporary maintenance— also known as spousal support. The formula is meant to ensure that the spouse with less money is able to financially survive during the divorce. The Nassau County Coalition Against Domestic Violence has already created an online calculator to show the amount of temporary maintenance given the incomes of the two parties: Like the rest of New York’s divorce law, the temporary maintenance formula is gender neutral. Whichever spouse has the greater income pays the maintenance, regardless of whether the high earner is the husband or wife. But in practice, the husband usually holds most of the financial cards in a divorce. “Especially in abusive relationships, the wife is often at a severe economic disadvantage because the husband has seized control of the finances and arranged things in a manner favorable to him in the divorce” said Lois Schwaeber, Director of Legal Services at the Nassau County Coalition Against Domestic Violence. “For an abused wife who has no access to any of the family money, who sometimes isn’t even allowed to keep her own paycheck, and who can’t afford to retain a lawyer, divorce has seemed like an impossibility.” The temporary maintenance formula, along with a new law requiring the wealthier spouse to pay the other side’s attorney’s fees, is meant to balance the economic power during the divorce. The formula sets the annual temporary maintenance as the lower of two numbers: 1.) 40% of the combined income of the parties minus 100% of the poorer party’s income; or 2.) 30% of the wealthier party’s income minus 20% of the poorer party’s income. Those with extremely low incomes near the poverty level are not required to pay temporary maintenance. Those with extremely large incomes are only required to pay on the first $500,000 of their income, although the judge has discretion to order greater maintenance. To see how the formula works for different incomes, you can visit: Many observers believe that the temporary maintenance law does not go far enough to protect women. “Temporary maintenance during the divorce is a good start, but the maintenance after the divorce determines the quality of life women and their children will have as they move forward in their new lives,” said Schwaeber. The new legislation did add new factors for judges to consider in awarding post-divorce maintenance, including domestic violence, but did not require judges to apply the temporary maintenance formula to post-divorce maintenance. “Right now, the post-divorce maintenance standards are highly subjective and often lead to inadequate awards,” said Schwaeber. “We hope the Legislature will pass a post-divorce maintenance formula to truly protect women.” The temporary maintenance formula, along with no fault divorce and the award of counsel fees to the non-monied spouse, takes effect in October.
Rave Reviews For New book, "Domestic Violence, Abuse, and Child Custody."The following review appeared in the July, 2010 issue of the National Bulletin on Domestic Violence Profession:
Every advocate should run out and buy a copy of this book and give it to any judge, guardian ad litum, or anyone else who has a say in custody cases. All 25 chapters contain terrific articles covering all issues relating to consideration of child custody and abuse. As Jay Silverman writes in the introduction, despite progress, "the family courts remain a dark and terrifying gauntlet through which battered mothers must pass in their attempts to protect both themselves and their children from the violence of ex-husbands." The book provides readers with a critical guide to understanding and counteracting the barriers family courts throw up against women and their children. Authors include Joan Zorza, Molly Dragiewicz, Evan Stark, Mike brigner, Lundy Bancroft, and many more. The book has a detailed index, table of legal cases cited, a list of good references, and a list of organizations and online research. For information and copies visit:The Civic Research Institute
Paterson Signs No-Fault Divorce Bill"These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons — too often women — who did not have sufficient financial wherewithal to protect their legal rights." Originally published: August 15, 2010 in New York Times Gov. David A. Paterson signed into law a package of bills on divorce on Sunday, including one making New York one of the last states to allow couples to dissolve marriages by mutual consent. The no-fault divorce bill allows a couple to dissolve the marriage by mutual consent and without requiring one spouse to accuse the other of adultery, cruelty, imprisonment or abandonment. It also allows one spouse to divorce the other unilaterally. Supporters said the bill would end an epidemic of institutionalized perjury in divorce courts, with some spouses said to falsely testify to wrongdoing to get a divorce. Opponents, including the Roman Catholic Church, said the no-fault measure would lead to higher divorce rates. “Finally, New York has brought its divorce laws into the 21st century,” Mr. Paterson said in a statement. “These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons — too often women — who did not have sufficient financial wherewithal to protect their legal rights. I commend the sponsors on providing a real and effective legislative solution to a problem that has for too long bedeviled ordinary New Yorkers.” Reprinted from The New York Times, August 11, 2010.
Reports Show Domestic Violence Has Increased on LIOriginally published: August 11, 2010 in Newsday
Long Island has seen increases in domestic violence reports and arrests, and assaults on children over the past year - a trend that reflects rising figures statewide and has officials vowing to combat the abuse. In Nassau, a report prepared by the county's Task Force on Family Violence documented a 25 percent increase from 2008 to 2009 in domestic violence reports by police, a 4 percent increase in physical abuse reported by children, and a 58 percent increase in domestic violence arrests. "These numbers are shocking, and today I am declaring this a 'public health emergency,' " said Nassau County Executive Edward Mangano, after reviewing the report released Wednesday. In Suffolk, Gregory Blass, chairman of the Suffolk County Task Force to Prevent Family Violence, said reported domestic violence incidents increased 2 percent while there was a 24.2 percent increase in arrests and a 5 percent increase in physical abuse reported on behalf of children. "We are convinced that the causes of these trends cannot be broken down to an exact science by any means," said Blass, who is also commissioner of the Suffolk Department of Social Services. "This is an insidious issue. We think if we continue to cry out for attention to it we can break the culture of domestic violence and through public awareness we can get at the heart of it." Experts were divided on the reasons for the uptick. Some said that the sharp downturn in the economy, leading to unemployment and stress and strain on families, is a likely factor. Others said that more people are prompted to report abuse because of effective outreach efforts. Nassau's figures come on the heels of three reports released by the state Division of Criminal Justice Services and Office for the Prevention of Domestic Violence, which outlined increases in the number of violent incidents reported, in the number of orders of protection issued by state courts, and in calls to domestic violence hotlines by people seeking help. State courts issued 21 percent more orders of protection in 2009 when compared with 2008, from 172,290 to 207,726. In 2009, the state's nearly 100 local domestic violence hotlines received 186,046 calls. In 2008, there were 177,000. "We think the upward trend means there has been an increase in some domestic violence," said Amy Barasch, director of the state office for the Prevention of Domestic Violence, in Albany. A state homicide study released Tuesday showed there was a 12 percent decrease in domestic homicides from 2008 to 2009, from 147 to 130. Nassau had six while Suffolk reported 11. John Imhoff, Nassau County's commissioner of social services, said that reading through the statistics was "a tremendous awakening experience." Barasch cautioned that because of outreach campaigns and encouragement from law enforcement and social services agencies, victims may be more likely to report the instances, so it was unclear how many of the higher numbers reflect more incidents. Nassau Police Chief of Department Steven Skrynecki said greater reporting by victims is probably driving the numbers on Long Island, too. "We're very active in encouraging individuals to bring these incidents to our attention," he said. Jo Anne Sanders, executive director of Suffolk County Coalition Against Domestic Violence, said the sagging economy plays a role. "If people are out of work, they are in despair," she said. "They may turn to alcohol and drugs and that might add to the stress and the person feeling like they've lost control so they become more violent." Mangano's task force listed 10 recommendations in the report, most revolving around raising awareness. "We must reach out to the victims of domestic abuse so they have the resources and help they need to get out of a dangerous situation," Mangano said. Reprinted from The New York Newsday, August 11, 2010. NOTE: Newsday published at the bottom of its article an incorrect phone number for the Coalition's 24-hour help line. The actual number is: (516) 542-0404
Experts: Recession Increases Pressure on Domestic AbuseOriginally published: August 11, 2010 in Newsday Financial troubles can exacerbate abusive tendencies, domestic violence experts said Wednesday. Money woes often make abusers feel they have lost control and they often turn to drugs, alcohol or physical and emotional abuse to cope, they said. The current economic difficulties have taken a toll, said Sandy Oliva, director of the Nassau County Coalition on Domestic Violence. "The issues facing families these days has increased the potential for more violence," she said. Oliva and Pamela Johnston, executive director of Victims Information Bureau of Suffolk, which looks for ways to prevent abuse and assists victims, said they recently have been serving families in more desperate situations. Often, victims seeking help tell tales of job loss, hunger and chronic unemployment, they said. "I think the economy is really and truly a factor," said Johnston. Abusers who are unemployed may be home more often and as a result have more time with their victims, she said. Johnston said victims, who are themselves unemployed or financially unstable, may not have the choice to leave violent situations. "They have nowhere to go . . . and are just not as able to get out of a dangerous situation." Lisa Smith, a professor at Brooklyn Law School, has worked with domestic violence victims and launched several programs to combat the issue. "People lose their jobs, they lose their self esteem," she said. "Obviously you're not going to see a happy, healthy atmosphere." Smith said at times abusers can lose hope, which can make them even more violent. However, officials differ on whether a better economy will mean a domestic violence decrease. "You don't want to have people believe that if the economy gets better that people will be safer, because that's not true," Oliva said. She said because a bad economy does not create abusive personalities - only fuels them - good economic times cannot cure abusers. Jo Anne Sanders, executive director of the Suffolk County Coalition Against Domestic Violence, agrees. "Someone who is an abusive person is going to be abusive whether they are out of work or working," she said. Smith said, however, that she has heard a different story from some victims. "There are a subset of families where the victim will say when he [the abuser] has a job and everything is going fine . . . things are more peaceful," she said. Despite differing views, experts agree the keys to decreasing domestic violence include education, criminal and judicial support, and a shared concern for victims. "People need to know that other people around them . . . are concerned," Oliva said. "The more people who know about how they can be helped . . . the more likely people are to reach out for it." Reprinted from The New York Newsday, August 11, 2010.
Table of Domestic Violence FiguresOriginally published: August 12, 2010 in Newsday
Figures provided by the state Division of Criminal Justice Services, Nassau and Suffolk counties, and state Office for the Prevention of Domestic Violence
Nassau County Coalition on Domestic Violence intake numbers. An intake is the initial interview they do when someone comes in for their services. It's not an emergency service. 2007: 521 2008: 523 2009: 639 - up 22% Reprinted from The New York Newsday, August 11, 2010.
Legal Resource Network Participates in Federal Pro Bono Program
DOJ Launches Federal Pro Bono Program in New YorkJune 16, 2010 By Leah Nylen - (As Published by Main Justice)
The Federal Government Pro Bono Program was established in 1996. Under the program, federal government lawyers volunteer their time with legal services organizations and represent indigent defendants, often in cases involving landlord-tenant issues, domestic violence and family law or personal injury. (The lawyers are not permitted to represent criminal defendants or those facing deportation.) The program began in Washington, D.C., expanded to Chicago in 2008 and, as of this week, will also include federal government lawyers in New York City. Laurence Tribe, senior counselor for Access to Justice, spoke at the launch Wednesday. Tribe, a renowned Harvard Law School professor, said he taught several students who have gone on to high-profile careers in the law — including President Barack Obama, Chief Justice John Roberts, and Supreme Court nominee Elena Kagan. But Tribe said his work on indigent defense issues was “truly significant” and described it as both meaningful and rewarding. “Law needs to be accessible to people in their communities, where they live and work and not just at courthouses and in detention facilities,” Tribe said in his remarks. “To the people you will aid and the communities you will touch, it matters greatly that those reaching out to help them rescue their lives from disaster work for the federal government,” he said. “When it’s a federal employee who helps someone avoid a life-shattering mortgage foreclosure or finds a safe home for a victim of domestic violence, what is otherwise a remote and abstract commitment of a distant government becomes an immediate and concrete helping hand. …There’s just no doubt that you will all be doing something of enormous value in taking part in this pro bono program.” For the full text of this article, please visit Main Justice: Click here for article
Legislature Passes No-Fault DivorceThe NY State Legislature recently passed no-fault divorce as part of a comprehensive divorce reform. Those wishing to divorce will no longer need to prove that the other party was at fault. Instead, a party need only sign an affidavit stating that the marriage has been "irretrievably broken" for at least 6 months. In addition to removing the fault requirement, the Legislature also provided a formula for automatically determining temporary maintenance to be paid by the spouse with more money in order to help support the less monied spouse during the divorce process. While the formula does not apply to final maintenance awards, the Legislature directed courts to consider new factors in deciding final maintenance, including acts of domestic violence that inhibit the victim's earning capacity. The divorce reform legislation also directs courts to ensure that both parties are adequately represented in the divorce and provides a rebuttable presumption that the more monied spouse must pay for the less monied spouse's legal fees and expenses. The legislation is expected to be signed into law by Governor Patterson. Click Here to read the no-fault bill.
Click Here to read the temporary maintenance bill.
New book released: Domestic Violence, Abuse and Child Custody Legal Strategies and Policy IssuesEdited by Mo Therese Hannah, Ph.D and Barry Goldstein, JD.
For information and copies visit:The Civic Research Institute
The Safe Place Coming Together to Combat Family Violence (Reprinted from The New York Nonprofit Press, June 2, 2010)
For the full text, please visit the New York Nonprofit Press:Click here for article
Child abuse, domestic violence center opens in BethpageJune 02, 2010 By JENNIFER BARRIOS - (As Published by Newsday ) An initiative designed to help victims of child abuse and domestic violence in Nassau County officially opened its new location in Bethpage Wednesday. The Safe Place is a collaboration involving two nonprofit organizations - Coalition Against Child Abuse and Neglect, and the Nassau County Coalition Against Domestic Violence - as well as several county departments, including the district attorney, child protective services and Nassau County police.... For the full text, please visit Newsday: Click here for article
Legal Resource Network relocating to Bethpage
NCCADV and CCAN are coming together under a single roof, not only to take advantage of the sustaining nature and financial stability afforded by a shared space, but also to provide programs and services that will better serve battered women and abused children at the most vulnerable moments in their lives. NCCADV
Coalition Director Sandra Oliva meets with Representative Carolyn McCarthy (D- 4th District)
Coalition Director Sandra Oliva's testimony before CongressYou can read Sandra Oliva's testimony before Congress in support of reauthorizing the Family Violence Prevention and Services Act by clicking here
New Grant Encourages Lawyers to Help Victims of Domestic Violence and Sexual Assault
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Hannah, M. & Goldstein, B. (Eds) (2010). "Domestic violence, abuse, and child custody." Kingston, N.J.: Civic Research Institute.
The Legal Resource was proud to participate in the Department of Justice's recent Pro Bono Kickoff event. The Nassau County Coalition Against Domestic Violence was one of only nine non-profits and the only Nassau County agency chosen to be part of the event. For more information about the program, please see the article immediately below.
The Department of Justice kicked off Wednesday a New York City branch of a federal program that partners lawyers with low-income residents in need of legal services.
