Courts Must Take Additional Steps to Protect Domestic Violence Survivors During COVID-19 Crisis
Letter to Family Court of the State of New York highlights concerns for survivors of domestic violence who may feel increasingly at risk isolating in their homes during COVID-19 crisis
Outlines recommendations to support survivors facing barriers to accessing help, including language barriers, during this emergency
(New York, NY) – New York City Comptroller Scott M. Stringer sent a letter calling on the Family Court of the State of New York to implement a series of recommendations to ensure all survivors of domestic violence across the city have safe and equitable access to available court services during the COVID-19 pandemic. In his letter, the Comptroller requests increasing resources, improving communication, and leveraging legal service providers to better assist and support survivors, especially in obtaining and enforcing orders of protection.
At a time when most New Yorkers are being strongly encouraged to stay in their homes, the stress and economic insecurity that many families are currently experiencing can be triggers for domestic violence. These pressures, combined with the fact that households are now isolated due to social distancing and traditional sites of support outside the home have closed, can make this a doubly toxic situation, ripe for increased violence.
“As we take shelter in our homes during this pandemic, it’s vital to remember that home is not a safe place for everyone,” said Comptroller Stringer. “For New Yorkers isolated with their abusers, home can be life-threatening. The systems in place to support those experiencing violence, including the courts, must adapt to meet survivors where they are so no one falls through the cracks. This emergency is testing all levels and systems of government, and we must innovate in order to protect our most vulnerable New Yorkers—who we know will need the most public support to weather this crisis.”
While the New York State Court System has taken noteworthy steps to adjust court operations and minimize the spread of the virus, including transitioning to virtual proceedings, it is critical that these efforts do not result in delays or unequal access to justice.
Comptroller Stringer outlined the following recommendations in his letter:
Strengthen the Coronavirus Hotline for DV Survivors
While the New York State Court System is operating a Coronavirus Hotline 24 hours a day/7 days a week, more could be done to strengthen this critical lifeline at a time when many survivors may feel literally trapped inside their homes. A dedicated option should be provided for information regarding orders of protection, so survivors calling this line outside Family Court business hours can be easily and quickly connected to assistance. Prompts on the hotline should also be offered in multiple languages, and there should be staff available to answer questions in a range of languages.
Post Guidance on Court Buildings in Multiple Languages
Currently, survivors who are unaware that cases are being handled virtually and show up to the courts will see a sign directing them to call 646-386-5299 between 9 a.m. and 5 p.m., if they need information about obtaining an emergency order of protection. This sign should be posted in at least the 10 citywide languages designated by Local Law 30 of 2017: Spanish, Chinese, Russian, Bengali, Haitian Creole, Korean, Arabic, French, Urdu, and Polish.
Provide a Dedicated E-mail Address for Order of Protection Cases
Many survivors, in particular those now isolated at home with their abusers, may not have the ability to safely make a phone call. Indeed, organizations that provide shelter and legal support to survivors in the city have observed that some clients are indicating a preference for email. Family Court should ensure that survivors have more than one option for making contact by providing a dedicated email address, or, at a minimum, clarifying that survivors can email NYFCInquiry@nycourts.gov regarding order of protection cases.
Leverage Private Attorneys and Other Legal Advocates
The courts should increase virtual capacity by allowing private attorneys, including those who work for domestic violence service providers, to provide support in screening cases and filing petitions. Drawing on the expertise available in the city to fill gaps in staffing due to COVID-19 should help enable New York City Family Court to hear more cases and resolve matters more quickly.
Work With Sheriffs to Prevent Delays in Serving Orders of Protection
The Office of the Sheriff at the New York City Department of Finance may be called upon more often than usual to serve orders of protection under the current circumstances, as New Yorkers practice social distancing and may be less willing to serve orders on someone else’s behalf. The City must be alerted if staffing levels are inadequate to meet the need in order to triage and enlist resources from other agencies.
Better Publicize the Renewal of Expired Orders of Protection
The administrative order signed by Deputy Chief Administrative Judge George J. Silver on March 16 to renew all temporary orders of protection was a critical safeguard, but more could be done to communicate this important step. This order extends existing orders of protection “under the same terms and conditions” until these cases can be re-calendared. The order should be shared widely not only with the leadership of the New York City Police Department (NYPD), but rank-and-file officers as well. It is critical for survivors’ safety and peace of mind that they know that all orders of protection remain in full effect, and that the NYPD and other law enforcement agencies know to enforce all such orders.
To read Comptroller Stringer’s letter to the Family Court of the State of New York, click here.
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