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Hochul Signs New Laws to Keep Guns Away from Abusive Partners & Protect ID of Survivors

NEW YORK STATE Gov. Kathy Hochul signs a legislative package of bills into law which strengthen protections and support for survivors of domestic violence as part of Domestic Violence Awareness Month on Oct. 18, 2022. The comprehensive package of legislation will strengthen protections for survivors of domestic and gender-based violence by ensuring guns are seized from abusive partners and protecting the confidentiality of survivors. Hochul signed the five bills into law alongside survivors, advocates and legislative champions at Union Settlement, a nonprofit providing resources to survivors in East Harlem.
Photo courtesy of Darren McGee/The Office of Governor Kathy Hochul via Flickr

Coinciding with Domestic Violence Awareness Month in October, Gov. Kathy Hochul signed five new bills into law on Oct. 18 alongside domestic violence survivors, advocates and legislative champions at Union Settlement, a nonprofit providing resources to survivors in East Harlem. 

 

“My administration is committed to eradicating domestic violence and supporting survivors, a mission that has been a lifelong journey for generations of women in my family,” Hochul said. “I am proud to sign these new laws that will enhance confidentiality, keep New Yorkers out of harm’s way, and give them the flexibility they need to make the best decisions for themselves and their families.”

 

State officials said the laws reaffirm what was described as Hochul’s steadfast commitment to protecting the rights of survivors and reducing the access abusive partners have to firearms, which are used in roughly a third of domestic violence homicides reported in New York State.

 

Reacting to the announcement, Keli Owens, executive director of NYS Office for the Prevention of Domestic Violence (OPDV), said, in part,  “Today’s legislation will enhance safety for all survivors, because in domestic and sexual violence situations, safety matters above all else.” Owens added, “Whether we’re talking about gun safety, privacy rights, or financial abuse, we want New Yorkers to know that they have options, resources, and protections.”

BRONX DISTRICT ATTORNEY Darcel Clark (center) cuts the ribbon to mark the Bronx 5th Annual 5K Run / Walk / Roll to End Domestic Violence which took place along the Grand Concourse on Saturday, Oct. 15, 2022.
Photo by David Greene

Law S.6363-A/A.8102 requires courts to order the seizure of firearms, rifles, and shotguns when an abusive partner willfully refuses to surrender them in defiance of a court order issued in connection with an order of protection. The law will ensure individuals who are subject to a protective order and already deemed to pose a danger will have their firearms seized if they fail to willfully obey a previous order to surrender them.

 

Law S.6443-B/A.8105-B requires criminal and family court judges inquire whether an individual they are subjecting to an order of protection possesses a firearm. While existing laws required these individuals to have their firearm license revoked or suspended, they did not require judges to pose this question.

 

Meanwhile, Elizabeth Cronin, director of NYS Office of Victim Services, said, in part, “Much of the work done by victim assistance professionals is to provide services and support to victims and survivors in the aftermath of crime. This comprehensive package of legislation focuses on prevention by strengthening the court’s ability to restrict an abuser’s access to firearms and empowering individuals to make choices that are in their best interests.”

 

Meanwhile, Law S.3855/A.7748-A allows sexual violence survivors to apply to the state Board of Elections to have their voter registration information sealed from public view, thereby extending critical privacy protections that will exempt their records from being disclosed via freedom of information law request. Under the existing law, only the survivors of domestic violence crimes may keep this information confidential.

 

ADDRESSING THE CROWD at the 5th Annual 5K Walk / Run / Roll to End Domestic Violence are (l-r): Bronx District Attorney Darcel Clark and Bronx Borough President Vanessa Gibson at East 161st Street and the Grand Concourse on Saturday, October 15, 2022.
Photo by David Greene

Another piece of legislation, Law S.7157-A/A.6207-B, expands the existing requirement of utility, wireless, cable, satellite, and telecommunication companies to allow individuals under shared contracts and survivors of domestic violence to opt-out of such contract without fee, penalty, or charge. The legislation expands on existing laws by further prohibiting actions by companies that may limit the ability or willingness of survivors to leave these shared contracts.

 

Finally, Law S.7263-A/A.2519-A requires health insurers and health maintenance organizations to provide domestic violence survivors with the option of providing alternative contact information so they may access their claims information and benefits in a manner that shields and protects them from their abuser. The change will allow survivors to seek medical and mental health services and use their health insurance to pay for them without fear that insurance claims, forms, or billing correspondence will be sent to the address of the policyholder.

 

State officials said the package of legislation builds on the governor’s efforts to date addressing gender-based and domestic violence throughout the State. In the spring, the governor signed legislation expanding coverage under the Human Rights Law for survivors, improving their access to the complaint process, by prohibiting discrimination against them in areas such as housing and public accommodations. Previously, they were only covered as a protected class under the employment provisions of the Human Rights Law.

 

In April, Hochul directed the Office for the Prevention of Domestic Violence to strengthen the State’s procedures for addressing domestic and gender-based violence in the workplace. Earlier this month, OPDV issued a model policy, which State agencies can use to ensure proper procedures are in place to guide responses when domestic and intimate partner violence issues intersect with the workplace.

BRONX DISTRICT ATTORNEY Darcel Clark (at podium) is joined by Bronx Borough President Vanessa Gibson (right) and surrounded by supporters of domestic violence survivors during the 5th Annual 5K Run/Walk/Roll to End Domestic Violence, held along the Grand Concourse on Saturday, October 15, 2022.
Photo by David Greene

Earlier this year, Norwood News reported on a DV incident in Soundview where a disgruntled partner showed up at his ex-partner’s place of employment, a public school, and allegedly attempted to stab several people.

 

According to State officials, hundreds of thousands of New Yorkers face domestic violence – primarily women. They said more than 195,000 domestic violence orders of protection were issued in New York State in 2021, an 18 percent increase from 2020. The COVID-19 pandemic exacerbated domestic violence problems, with calls to the New York State hotline increasing by nearly 34 percent from the onset of the public health crisis.

 

To better understand public perceptions of domestic violence, OPDV conducted an opinion poll of 5,000 New Yorkers in the summer of 2022. The findings suggested that while most New Yorkers are confident in their understanding of domestic and gender-based violence, and that many know a survivor, too many still believe these issues resulted from outside factors, such as drug or alcohol use, poor impulse control, or anger problems, rather than the decisions of an abusive partner.

 

State officials added that for the past 30 years, OPDV has remained the country’s only cabinet level agency dedicated to the issue of gender-based violence. The agency’s mission is to improve the State’s response to and prevention of domestic and sexual violence, with the goal of enhancing the safety of all New Yorkers in their intimate relationships through policy, programming, and public awareness. OPDV also works with local providers to ensure that services are survivor-centered, trauma-informed, and culturally responsive throughout the State.

MANY OF THE nearly 500 participants at the Bronx District Attorney’s 5th Annual 5K Walk/Run/Roll to End Domestic Violence held on Saturday, Oct. 15, 2022, speak with members of different domestic violence organizations and support groups.
Photo by David Greene

A 2021 report by the NYPD outlines the scope of outreach efforts by the department to victims of domestic violence in cases where a perpetrator violates an order of protection issued by a court of competent jurisdiction. According to the department, domestic violence prevention officers (“DVPO’) will prioritize victims who have been the victim of significant violence or have had their orders of protection violated.

 

NYPD officials said the department employs DVPOs, who are police officers / detectives that receive specialized training in working with victims of domestic violence, and who are tasked with a wide array of duties. However, one of the primary goals of DVPOs is to work with victims of domestic violence on the victim’s terms.

 

They said DVPOs visit victims of domestic violence in their homes and assess the victim’s physical and emotional well-being, determine whether the perpetrator has had contact with the victim, help work on personal safety plans, offer services, provide access to counseling services and shelter referrals, and help with court referrals.

 

As part of their outreach efforts, DVPOs also provide information to individuals about available services, even in the absence of police intervention. This includes information about safety planning, advice and services for people who are being stalked, and information for teens relating to partner violence. DVPOs also encourage people to report domestic violence in order to bring this crime out into the light.

 

 

Gov. Kathy Hochul signs a package of legislation on Oct. 18, 2022, that aims to strengthen protections for survivors of domestic and gender-based violence by ensuring guns are seized from abusive partners and the confidentiality of survivors is protected. Video courtesy of the Office of Gov. Kathy Hochul via YouTube

 

The NYPD also runs the “High Propensity and Child-at-Risk Program.” Placement in that program may be driven by violations of orders of protection, having multiple domestic violence incidents, or having a particularly violent incident. This program would trigger the victim to be visited at least two times within a 28-day period.

 

The table outlined above shows the chronic DV complaints by borough from July 1, 2020 to Dec. 31, 2021. Click here to view the chronic domestic violence offenders by NYPD precinct from July 1, 2020 to Dec. 31, 2021, according to the NYPD. Bronx precincts comprise Precincts 40 to 52. Click here to view the domestic violence complaints by precinct Jan. 1, 2021 to Dec. 31, 2021, according to the NYPD. Most experts agree that domestic violence continues to be an under-reported crime.

 

In addition to the DVPOs, the NYPD established the Crime Victim Assistance Program (CVAP) under the guidance of the Mayor’s Office of Criminal Justice (MOCJ), which works with victim advocates, and employees of Safe Horizon, the nation’s largest victim services agency. Safe Horizon employees communicate daily with personnel in every precinct and police service area. CVAP advocates receive special training in issues surrounding domestic violence and victimization.

 

The advocates are charged with mitigating the trauma associated with the aftermath of crime, particularly one as deeply personal as domestic violence. They also help victims navigate the criminal justice system, provide emotional support and service referrals, help prevent repeat victimization, help the victim obtain services, such as safe affordable housing, emergency NYCHA transfers and link victims to community-based organizations that can provide specific care.

 

CHRONIC DOMESTIC VIOLENCE Complaints by Borough pursuant to administrative code 14-150 (e) July 1, 2020 to Dec. 31, 2021. MS (Manhattan South), MN (Manhattan North), BX (Bronx), BS (Brooklyn South), BN (Brooklyn North), QS (Queens South), QN (Queens North), SI (Staten Island). 
Source: NYPD

The NYPD has also revamped its U-visa program, and actively works with victims who are undocumented immigrants to provide certifications for U-visas, in order for victims to obtain legal status in this country. The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

 

As reported, the Office of Bronx District Attorney, Darcel Clark, hosted its “5th Annual 5K Run/Walk/Roll to End Domestic Violence” on Saturday, Oct. 15, to mark Domestic Violence Awareness Month in October. The free event was co-sponsored by the NY Yankees and the Office of Bronx Borough President Vanessa Gibson, in partnership with the NYC Mayor’s Office to End Domestic and Gender-Based Violence, BronxCare Health System, and the Bronx Women’s Bar Association.

 

A number of other public awareness events were also held throughout the City in October, including the lighting of municipal buildings in purple. The 22nd Annual Bride’s March was held at the end of September, where many participants wore wedding dresses in honor of Gladys Ricart, who was murdered on her wedding day by a former boyfriend. On Oct. 18, the NYPD’s Transit District 11 held its 3rd Annual Breast Cancer and Domestic Violence Awareness and Health Fair, and Gibson also hosted a domestic violence workshop on Oct. 18, that was attended by faith-based leaders in the local community.

 

Earlier this month, on Oct. 5, Gibson also announced the relaunch of the Domestic Violence Advisory Council, after being awarded a $1 million grant from the Department of Justice’s Office of Violence Against Women. The council will work to combat the high rates of domestic violence seen in The Bronx. NYPD figures reveal that from 2015 through 2020, 8 out of the top 15 community boards with the highest rates of domestic violence homicides, citywide, were in The Bronx.

ANYONE EXPERIENCING DOMESTIC or gender-based violence can get help by calling 311 and asking to be connected to a NYC Family Justice Center or by walking-in to a center Monday to Friday from 9 a.m. to 5 p.m. Call the NYC 24/7 Domestic Violence Hotline on 1-800-621-4673.
Flier courtesy of the Government of the City of New York

New York State’s Domestic and Sexual Violence Hotline provides free, confidential support 24/7 and is available in most languages. Call (800) 942-6906, text (844) 997-2121 or chat at @opdv.ny.gov. Individuals also can visit www.ovs.ny.gov/connect to find a victim assistance program in their community.

 

The Office of Victim Services funds and supports more than 200 programs that provide direct services for victims and survivors of crime and their families, including therapy, support groups, case management, civil legal assistance, accompaniment to court, and transportation, among other assistance.

 

Local services for those affected by domestic or gender-based violence are also available in The Bronx. If you or someone you know is experiencing domestic or gender-based violence, call 311 and ask to be connected to a NYC Family Justice Center or walk-in Monday to Friday, 9 a.m. to 5 p.m. Call the NYC 24/7 Domestic Violence Hotline on 1-800-621-4673, or visit the NYC Mayor’s Office to End Domestic and Gender-Based Violence for more information.

 

If you are in immediate danger, if you can, dial 911.

 

*David Greene contributed to this story.

 

 

Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.

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