Assembly Passes Legislation Allowing Unmarried
Victims Of Domestic Abuse To Seek Orders Of
Protection In Family Courts

Assembly Speaker Sheldon Silver and Assembly Judiciary Committee Chair Helene Weinstein announced today the passage of long overdue legislation that would allow all victims of domestic violence the right to seek a civil order of protection through the state family court system (A11707/Weinstein).

"By passing this legislation today, the Assembly has given the full protection of New York's domestic violence laws to unrelated persons, including those in dating and intimate relationships. This gives victims of domestic abuse an important additional avenue to seek an order of protection from their abuser," said Silver (D-Manhattan). "Orders of protection are an essential tool for helping victims of abuse move forward with a sense of security. By allowing for greater access to the family courts, the Assembly hopes to empower victims to seek safety and reduce the incidence of domestic violence in New York."

"It is inexplicable that New York is the only state in the country where unrelated domestic violence victims cannot obtain a civil order of protection because of our law's antiquated definition of who has access to family court. The current law's limited access to family court leaves half of the victims of domestic violence in New York ineligible for this protection, with no choice but to call the police and seek an order of protection in criminal court, or to suffer in silence", Weinstein said.

"Currently New York law does not now permit couples in dating or intimate relationships to obtain a civil order of protection against an abuser. We are not breaking new ground here, since 35 other states and the federal government's Violence Against Women Act covers dating or intimate relationships", Weinstein said.

"Another important reason for including the full menu of legal protections for those in dating relationships is the growing crisis of dating violence among young people", Weinstein said. "Approximately one in five adolescent girls report being physically or sexually hurt by a dating partner."

For the past twenty years, the Assembly has championed such legislation, which would increase the availability of civil orders of protection to domestic violence victims. On numerous occasions, such legislation passed the Assembly. Speaker Silver and Assemblywoman Weinstein said that they are grateful that the Senate has joined the Assembly in extending the equal protection of law to all victims of domestic violence.