Assemblymember Cahill Stands Up For Victims Of Domestic Violence

July 29, 2011

(Poughkeepsie, NY) Assemblymember Kevin A. Cahill (D-Ulster, Dutchess) joined with members of Tri-County Crisis Center, Inc., families of victims of domestic violence and advocacy groups at the Dutchess County Court House to discuss key legislation that will increase the time period in which orders of protection are enforced by family and criminal court judges. The announcement was timed to commemorate the one year anniversary of the death of Linda Riccardulli, a local resident who was murdered by her husband, Anthony Riccardulli, in their Hyde Park home. Linda was given only forty minutes notice of her abuser’s release from jail, as he posted bail in the late hours of the evening. Ulster County resident Kristina Cotto, the daughter of Isol Cotto, who was murdered by her husband in 2008 after he was released on bail with no official notification to the family, also spoke of the need for stricter laws.

“There is a great deal of room for improvement in the area of how we deal with this particular issue,” said Assemblymember Cahill. “No individual should feel unsafe in their own home, their sanctuary, their castle.”

“Orders of protection are critical to the safety of victims of domestic violence and their families,” said Assemblymember Cahill. “The legal protections in place now should be strengthened to give victims the security they need to rebuild their lives.”

Assemblymember Cahill’s legislation, the "Domestic Violence Reform Act" (A.7367), extends the effective time period of orders of protection in cases of domestic violence to no less than five years for family court rulings and from eight years to ten years in instances of felony convictions in criminal court. Currently, this legislation is under review by the Assembly Judiciary Committee.

Maria DiBari and the Tri-County Crisis Center, Inc. (TCCC) has worked closely with Assemblymember Cahill on the Domestic Violence Reform Act and other domestic violence initiatives. Tri-County Crisis Center, Inc. is a not-for-profit organization, comprised of volunteer survivors, educators and experts that provide services to those impacted by domestic violence in Dutchess, Orange and Putnam Counties. TCCC builds upon and advocates for the enhancement of existing domestic violence resources available in New York State.

“Not all victims of domestic violence need shelter, but every victim needs an advocate that will guide them through the support system and get them to the finish line,” said Maria DiBari, Executive Director and Founder of Tri-County Crisis Center, Inc. “Tri-County Crisis Center, Inc. provides direct assistance to victims of violence and stalking and ensures that every victim has an advocate and individualized support.”

A recent study found that New York State courts issued a total of 301,488 orders of protection in 2010, and that the forty Domestic Violence Courts in the State heard 37,718 new cases in 2010, a 7% increase over 2009¹ .

“Victims often do not have a support network or the resources to make it through what can be an emotionally devastating time,” stated Assemblymember Cahill. “We have a duty to put as many protections in place to help reduce acts of domestic violence. The services provided by Tri-County Crisis Center, Inc. are invaluable to communities throughout the Hudson Valley.”

Assemblymember Cahill noted that the legislature has taken significant steps to strengthen domestic violence laws in New York State. In the last two years, several new laws have been enacted:

• Establishes the new crimes of criminal obstruction of breathing or blood circulation as a Class A Misdemeanor, strangulation in the second degree as a Class D violent felony, and strangulation in the first degree as a Class C violent felony, all of which are added to the list of family offenses. In addition, the strangulation offenses are added to various sections of existing law for other considerations, such as DNA collection, hate crime prosecution, etc. (Chapter 405 of 2010).
• Allows a spouse to file for divorce on the grounds that the relationship has irretrievably broken down for at least six months. A divorce cannot be granted until the issues of marital property distribution, spousal or child support, child custody and visitation, and counsel’s fees have been resolved by the parties or the court (Chapter 384 of 2010).
• Allows Family Courts and Supreme Courts to fax or electronically transmit temporary and final orders of protection, and any accompanying papers, to local police agencies for service on respondents (Chapter 261 of 2010).
• Include harassment, sexual misconduct, forcible touching, sexual abuse, stalking and criminal mischief within offenses which may constitute domestic violence (Chapter 11 of 2011).
• Provide that orders of protection cannot be denied solely on the basis that the alleged abuse was not simultaneous with the date of the application (Chapter 341 of 2010).
• Expand the class of domestic violence victims who may cast special ballots (similar to absentee ballots) in elections to include non-relatives and individuals who have suffered emotional harm at the hand of an abuser (Chapter 38 of 2010).
• Strengthen orders of protection by authorizing family courts to extend an order for victims who are afraid of recurring violence upon a showing of good cause, even if there has not been an actual recurrence of violence (Chapter 325 of 2010).
• Allow domestic abuse victims who have an order of protection to obtain an unlisted telephone number without charge (Chapter 327 of 2010).

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1 "NYS OPDV - New York State Domestic Violence DashboardProject 2010 Data: Public Safety." New York State Office for the Prevention of Domestic Violence - Home. Web. 29 July 2011. .

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