Reimagining Our Response to Intimate Partner Violence

Introduction

I am running for Manhattan District Attorney because we need to transform our criminal justice system. Instead of relying on prisons to solve society’s problems, we must work with communities to listen to victims, stop cycles of harm, and get peoples’ lives back on track. Few societal harms are served more poorly under our current system than intimate partner violence, one of the most pervasive issues any District Attorney’s office must face. Intimate partner violence is widespread, underreported, and in some communities a source of distrust in law enforcement, including within families of officers. These issues are more pronounced than ever during COVID-19, and all the more reason we must lean into this challenge and generate innovative solutions.

Quarantining during COVID-19 has not only increased the prevalence of abuse, but restricted resources usually available to victims.¹ For example, close proximity makes it easier for those who abuse to monitor phone and internet usage, and isolate their partners. Abusers are also able to create a greater sense of control over finances, denying access to shared shelter or other forms of protection such as soap, hand sanitizer, or masks, threatening to infect their partner, or inflicting “punishments” under the guise of protecting both individuals from the virus.

Campaign Statement of Values

The values of a District Attorney’s office must be in line with the values of the community in order for justice to be served. My values are rooted in freedom, compassion, equity, and opportunity.

There is perhaps no more universal human desire than freedom. Our nation’s history has been defined by enslaved people and immigrants, such as my parents, risking everything in its pursuit.² Every time a person is locked in a cage, stripped of their freedom, we have collectively failed as a society. That is why in our office the deprivation of liberty will always be used as a last resort. We need to remember this when we discuss domestic violence and the personal connections survivors often have to perpetrators. Many do not want carceral approaches taken against their perpetrators. This is something our office must listen to and respect whenever possible.

Our office will promote compassion for all victims. We recognize that many in abusive relationships are hesitant to come forward, and the office of Cy Vance has done little to make survivors of sexual violence feel safe in reporting. Vance has been rightfully criticized in his handling of cases involving Jeffrey Epstein, Dominique Strauss-Kahn, Harvey Weinstein and Dr. Robert Hadden, among others. We will change the culture our predecessor set by making our office survivor-centered by working closely with those who speak out about their experiences. In our office, centering survivors is not borne out of some political motivation; it’s in the name of healing and compassion.

Our office will always pursue equity. We recognize the racial and economic injustices within our city and how they permeate into the criminal justice system. While intimate partner violence does not discriminate, people of color, women, members of the LGBTQ+ community, individuals suffering from financial and housing instability, teenagers, and undocumented immigrants are more likely to find themselves in an abusive relationship. We will ensure our office does everything possible to make these groups feel comfortable by creating a supportive environment that allows victims the confidence to come forward when they have been harmed.

In reimagining accountability, we must look at ways to create opportunities for perpetrators to understand why they engage in abusive behaviors, and allow them the ability to learn to change. We also need to listen to survivors and truly hear what they believe accountability should look like. Intimate partner violence is atypical— although harm is being committed, it is frequently done by a loved one, which may influence a survivor’s desired outcome.

Understanding Intimate Partner Violence

Despite being one of the most common crimes both in New York and nationally, the myriad forms intimate partner violence can take are not widely understood. The most well-known example is physical violence, the severity of which can drastically differ among individual situations, but typically includes a combination of intimidation, physical abuse, battery and/or sexual assault as a repeated behavior by one partner to control another.

Intimate partner violence can also manifest by imposing psychological control over victims.³ One form of such control is isolation: a perpetrator might limit a victim’s ability to speak out to friends and family or access resources. Occasionally isolation is self-inflicted due to embarrassment a victim may feel, fear of repercussions for their abuser, or feelings of guilt for both staying in the relationship and for the actions of their abuser.

Financial abuse is yet another form of intimate partner violence. Financial abuse occurs when perpetrators withhold access to money, put victims on a limited allowance, overextend a victim’s credit so they lack the funds to leave a situation, or require paychecks and other income be given to them.⁴

Given the limited attention it receives, the sheer volume of intimate partner violence is staggering. An average of 20 people per minute experience physical abuse by a partner in the United States.⁵ Nationwide, a third of women and a quarter of men have experienced physical violence by a partner.⁶ These numbers do not include those enduring emotional, financial, verbal, or other non-physical abuse during that same time period.⁷

These horrific statistics extend to New York City. In 2019, the NYPD received 245,366 domestic violence calls,⁸ of which 46% were intimate partner incidents.⁹ Nearly 20% of all City homicides from 2010–2018 were intimate partner violence-related offenses, figures that have skyrocketed this year in part because of COVID-19, with 19 people being murdered in such events.¹⁰¹¹¹² Intimate partner violence is also the second most cited reason for women and families entering the homeless shelter system, with victims making up nearly 25% of admissions.¹³

Women experience the highest rates of intimate partner violence, and Black women are disproportionately affected.¹⁴¹⁵ The LGBQT+ community experiences a unique and additional complexity of abuse.¹⁶¹⁷ Undocumented victims face greater vulnerabilities by exposing their status when seeking support to address abuse.¹⁸ These groups are also more likely to be economically disadvantaged, lack access to resources, and live among communities with a lack of trust in law enforcement.¹⁹²⁰

COVID has exacerbated intimate partner violence experiences. Although the NYPD is reporting a steady decline of intimate partner violence related arrests, a recent report shows a steady increase in calls to New York State’s domestic violence hotline compared to the same time last year: up 15% in March and 30% in April, the time period stay-at-home measures have been in place.²¹ Intimate partner violence has always been a crisis — it is ever more so now.

Our Solutions for Responding to Intimate Partner Violence:

After consulting with survivors of intimate partner violence, community service providers, advocates, legal counsel specializing in domestic abuse, and other experts, we propose the following:

Proposal #1: Center Survivors in the Justice Process and Reduce Victim Trauma

Right now, survivors are largely ignored in the legal process, and yet, they must constantly relive their trauma. Some victims find the legal process traumatic in and of itself. We will seek to flip this by reducing their unnecessary contact with the court system, while increasing their role in shaping outcomes.

We must stop dragging out intimate partner violence cases. Repeated trips to court and lengthy delays have a damaging impact on survivors. As part of a broader effort to improve efficiencies in the calendering process, these types of cases should be scheduled with the recognition that a victim may be carrying the stress of testifying against their abuser until the case is resolved.

Additionally, my office will assign an Assistant District Attorney from the onset to individually handle each specific case. Should a perpetrator re-offend, the survivor will not have to relive the pain and trauma of telling their story to another individual in their fight to seek justice, and the ADA will be familiar with the prior behaviors of the perpetrator. This relationship will help both survivor and ADA work together in determining the best course of justice. From that first conversation, we will also assign a social worker or similarly trained counselor to help the victim in the difficult step of sharing their story with law enforcement for the first time.

The goal for resolving intimate partner violence cases must always be the safety and wellbeing of the victim. Just as our office will seek to treat each defendant as an individual, so too should victim support be individualized. Justice in intimate partner violence cases will differ among victims, and will include those who do not support carceral solutions. Our office will thoroughly discuss all options available to survivors and fully explain the process to ensure they feel comfortable with any decisions they make.

Unfortunately, our office will certainly encounter brutal and unremorseful acts of intimate partner violence, especially in its most severe and violent forms, that may require some period of incarceration. If this is the only solution by which the victim will feel safe, that will heavily influence our approach. But when victims do not support incarceration, and instead wish to work with us and the person who harmed them to determine more lasting forms of accountability, our office will not seek incarceration in such cases. Those who are sentenced to time in prison should receive treatment services while incarcerated, especially programming related to trauma (see below) in order to have a positive influence on recidivism and see behavioral changes.²²

Finally, one of the most obvious solutions to reducing victims’ burden is to no longer require their physical presence at family court hearings for orders of protection.²³ Bringing individuals into the same physical space as their abuser creates no benefit, but instead can cause further incidents of intimidation. As we modernize the courts post-COVID, we should consider how to make certain New York Pause changes permanent so that victims can participate without being physically present for certain hearings. For example, orders of protection which would have expired during shelter in place have been extended by an order from New York State’s Chief Administrative Judge of Courts.²⁴ Such survivor-centered changes can and should continue once the pandemic has eased.

Proposal 2: Recognize that Perpetrators are Often Victims Themselves

We must also remember that many perpetrators are victims themselves. Studies have shown that children and young adults who have suffered or witnessed abuse earlier in life are more likely to exhibit abusive behaviors as adults.²⁵²⁶ This does not excuse illegal behavior, but the better we can understand these patterns of harm, the more we can do to disrupt generational trauma and end cycles of harm.

Thus, the best way to prevent future violence is to properly address underlying trauma. Research has shown that judicial monitoring of IPV perpetrators works best when combined with therapeutic approaches.²⁷ Organizations such as STEPS to End Family Violence offer community-based programs for families to work through past trauma and learn tools to move forward. Our office will work with established community programs, and when necessary lend financial support to increase their capacity.

One common alternative to incarceration, batterers’ intervention programs (BIPs), have shown more mixed results.²⁸ Most BIPs are based on the 40-year old Duluth Model, a court-ordered men’s group that focuses on reeducating men on gender equity, since criticized for not taking into account mitigating factors such as poverty, mental health, past history of trauma, or substance abuse issues.²⁹³⁰ There is also no uniform oversight regarding the standards of BIPs, specifically training for those running the programs, how long an individual must remain in a program, or general curriculum overview.³¹ Research suggests that the use of these programs alone, especially when based upon a “one size fits all” model, is not sufficient, particularly when individuals are only required to participate in programs for a minimal amount of time. When used, BIPs need to be supplemented with additional forms of treatment and self help, including community-based programs, individualized therapy, and continuous monitoring of behavioral changes, both positive and negative.

It is not uncommon for an individual who commits harm to have also experienced harm within their own lives. Partners of veterans experience intimate partner violence at three times the rate of the rest of the population, a tragic reminder of how little we support the mental wellbeing of our troops when they come home.³² Research shows these numbers can be attributed to combat-related PTSD, traumatic brain injury caused while serving, or other forms of past trauma.³³ The Strength At Home Program (SAH) was designed by the U.S. Department of Veterans Affairs specifically for military families as a way to discuss the anger and frustration from previous harm that causes veterans to react in violent ways towards their partners. The program gives participants tools to make behavioral changes from these therapy sessions.³⁴ Initial research showed SAH participants were less likely to engage in physical and emotional abuse towards their partners.³⁵³⁶ Our office will work with community partners and other city agencies to expand this program model.

Restorative justice (RJ) has been recently gaining popularity throughout American criminal justice systems, though it is not a new process — indigenous peoples have used RJ and other community-based conflict reconciliation processes for centuries.³⁷ RJ is a framework which understands that healing and accountability must be at the center of all harm repair by focusing on the needs of those who have been harmed and the role the perpetrator played in committing that harm.³⁸ The survivor must consent without any coercion to be a part of the process and the perpetrator must accept accountability for the harm they have caused and want to repair it. The parties can then come together with trained guided facilitators to begin the process of trust-building, storytelling, identifying harms, and inclusive decision-making about what the perpetrator can do to repair them.

Restorative justice has been used productively in cases involving intimate partner violence.³⁹ In general, victims tend to be more pleased with the outcomes of RJ than those experienced within the formal criminal justice system,⁴⁰ and appreciate the survivor-centered approach.⁴¹ Studies on restorative justice for IPV show that arrest rates halved in a two year period for those who participated.⁴² Our office will partner with community-based organizations already offering restorative justice programs to create safe spaces for survivors to voice their concerns, address their needs, and provide resources for individuals who may wish to mend or stay in relationships that see improvement over time. We also recognize the basic tenet of restorative justice that no victim should ever feel pressured to participate in such a program and will be used in cases only when victims believe the perpetrator will take accountability for the harm they have caused, which means it will certainly not work in every IPV case. Finally, we look forward to soon releasing a stand-alone policy paper on how our office will use Restorative Justice, which will go further into the specifics of its application.

The Manhattan District Attorney’s Office receives significant resources from financial institutional forfeitures as a result of investigations into these institutions. My office will use these resources to fund expansions of the Strength at Home program and restorative justice programs, as well as other areas that will serve young people and those with mental health needs.⁴³

Proposal #3: Investigating NYPD-Generated Domestic Violence

Domestic violence within the police force is an under-discussed issue. Studies show that 40% of women in families of police officers have experienced incidents of domestic violence,⁴⁴ compared to 25% of American women generally.⁴⁵ These families also find themselves at greater risk of domestic violence where the use of a weapon is involved, as these families are guaranteed to have a gun in the home.⁴⁶ Survivors are also rightfully hesitant to report abuse because of the probability that the call will be handled by someone their abuser works with or knows, which can skew an investigation to benefit the perpetrator.⁴⁷

Research in this area is scarce. Intimate partner violence is one of the most underreported crimes, and when perpetrators are police officers, reports go down even further. A 2013 investigation conducted by The New York Times said 10% of officers at seven police agencies admitted that they had “slapped, punched or otherwise injured” a spouse or domestic partner.⁴⁸

Not only are these officers unlikely to face criminal charges, they rarely see any employment-related repercussions. A 2019 report conducted by an Independent Panel on the NYPD Disciplinary System found that the NYPD’s handling of domestic violence cases was one of its major shortcomings.⁴⁹ Disciplinary action for officers involved in domestic violence were found to be less serious than those who were “discourteous to a supervisor” or drove under the influence. The average consequence was loss of vacation days along with counseling.⁵⁰ A 2013 study on officers arrested for domestic violence showed more than half who were arrested and convicted of misdemeanor domestic assault remained on the force.⁵¹

These officers will be investigated and potentially prosecuted through an independent unit for prosecuting police misconduct, the details of which were laid out in our previous policy paper on police accountability.⁵² This unit will not work directly with the police, so it will not have an actual or perceived conflict of interest. The unit will focus on police misconduct, including but not limited to excessive force, lying under oath, and corruption. That unit will also investigate all incidents of NYPD-related domestic violence. Complainants will be able to file cases directly with this unit without fear of retaliation. Our office will work closely with victims of OIDV, knowing that prosecuting officers poses particularly acute risks to victims who are partners of police officers. This will allow us to hold police officers to the same standard of accountability as the rest of the public when it comes to domestic violence.

Proposal 4: Dedicated Team Within Financial Frauds Bureau to Handle Financial & Identity Theft Intimate Partner Abuse

Financial abuse can be one of the most detrimental forms of intimate partner abuse and cause lasting harm that a survivor endures even after they have left the relationship. It is also the most common form of intimate partner abuse, although it is less discussed than physical violence. A 2018 study found that 55% of people surveyed had personally experienced or knew of someone who suffered from financial abuse.⁵³

Whether financial abuse is exercised alone or in tandem with other harms, the outcome is the same — leaving victims with financial instability, creating yet another hurdle in the ability to leave. These tactics can include interfering with one’s ability to work, hindering their access to education in order to better one’s economic prospects, or forcing a partner to give the other all income and assets.

Harsher tactics include illegally opening credit cards and bank accounts in the victim’s name, not paying bills, and rendering the victim’s credit destroyed, leaving them with no way to exit the abusive relationship. Some may continue to use these accounts after the partner has left. Others force partners into committing financial crimes such as writing bad checks or illegal SNAP activity. All of these activities create obstacles not only when it comes to the victim leaving and trying to create a life of their own, but possible legal ramifications that can follow a victim for years.⁵⁴ Our office will build a victim-centered team within the Financial Frauds Bureau to handle delicate cases at the intersection of financial crimes and intimate partnerships.

Proposal 5: Fully Implement the Domestic Violence Survivors Justice Act

The number of women incarcerated throughout the United States has increased at almost twice the rate of men since 1980:⁵⁵ 86% have been a victim of sexual violence, 77% of whom report such violence was inflicted upon them by a partner, and 60% by a caretaker.⁵⁶ The Human Rights Project for Girls brought the “abuse to prison pipeline” to light in a 2015 report, showcasing how sexual abuse is often the reason girls first become involved in the criminal justice system.⁵⁷

The Domestic Violence Survivors Justice Act (DVSJA) was passed in 2019 and allows judges discretion when sentencing victims of domestic violence who committed crimes defending themselves from their perpetrator, or engaged in illegal activity forced upon them while in an abusive relationship. Victims who are already incarcerated may also apply for re-sentencing if they meet eligibility criteria.⁵⁸ The passage of DVSJA is especially important given how infrequently Governor Cuomo uses his powers to grant clemencies or commutations.⁵⁹

The District Attorneys Association of New York (which I have already publicly committed to withdrawing from) staunchly opposed DVSJA’s passage. In doing so, the Association voiced concern about the costs related to re-sentencing and refuted the belief that those who commit harm can also be victims of harm themselves.⁶⁰ As District Attorney, I will not put a financial value on an individual’s life. All cases brought before my office that involve a victim of domestic violence committing a crime will be applied through the lens of the DVSJA. Additionally, my office will review every application received from individuals already incarcerated to ensure they will be re-sentenced should their case meet the eligibility criteria of DVSJA.

Proposal 6: Support State Legislation that Provides Protection for Survivors

Our office will support federal, state and local legislation that will protect survivors in all capacities, including legislation that will create revenue sources to ensure resources will be safeguarded. In addition, we support the generation of new revenue streams to support the increased demand for domestic violence resources once New York “on pause” is lifted.

We support the following legislation:

  • Ensure Medical Assistance is Provided in Intimate Partner Violence Incidents. We support Senate/Assembly Bill S.1050/A.2803,⁶¹ sponsored by Senator Roxanne Persaud and Assemblymember Nick Perry, which would require medical assistance to be provided to survivors of domestic violence incidents. This bill would provide Medicaid coverage for all physician services, including surgical and plastic surgery, necessary to treat scarring or other harm following a domestic violence incident. Survivors typically do not have the financial means to pay for these medical procedures on their own, and while the emotional scars may last a lifetime, the least we can do is help remove the physical ones.
  • Establish Domestic Violence as a Misdemeanor to Prevent Firearms Access. We support Senate Bill S.7125,⁶² sponsored by Senator Alessandria Biaggi, to classify domestic violence as a Class A misdemeanor as a means for perpetrators to be entered into the FBI National Instant Criminal Background Check. The staggering number of law enforcement domestic violence incidents shows us that access to firearms creates a greater vulnerability to victims. While we do not believe carceral approaches are always the answer, restricting access to firearms will increase public safety without reducing liberty.
  • Require Agency Transparency in Domestic Violence Investigations. Our office will be rooted in transparency and we believe all public officials should behave in the same way. For this reason, we support the City Council legislation brought forth by Council Member Ben Kallos, and co-sponsored by Council Members Diana Ayala and Keith Powers,⁶³ mandating both the NYPD and all five District Attorneys publicly report on all domestic violence incidents and investigations.

Conclusion

Intimate partner violence is a complex issue and one where a one size fits all approach doesn’t work — not for survivors, not for perpetrators, and not in the ways that we seek justice. For too long we have placed the burden on survivors while not valuing their thoughts when it comes to consequences sought. As long as intimate partner violence continues to thrive in the shadows, we will not succeed in our duty to keep victims safe. That is why we must confront this challenge head-on, create a welcoming environment for victims to come forward, focus on solutions that stop the cycle of harm, and speak honestly about our successes and failures in combating this pervasive crisis. This change will be part of a much broader approach our office will take to repair the Sex Crimes Unit, guided by the principles and reforms brought forth by advocates such as Reform the SCU.

The Janos Marton for District Attorney campaign believes in the principle that those closest to the problem are closest to the solution, and we will work with community partners to generate our policy agenda. If you have the personal or professional experience to suggest an improvement to this proposal, contact JanosForDA@gmail.com with the subject line, “Intimate Partner Violence”.

To learn more about our campaign’s other policy positions visit JanosForDA.com/issues.

Proposal to generate police accountability by achieving greater independence from the NYPD, holding the NYPD broadly and individually accountable for misconduct, and reducing the role of policing and prosecution. (June 26, 2020.)

Proposal to eliminate solitary confinement for Manhattan defendants. (March 11, 2020.)

Proposal to end the War on Drugs and refocus drug policy enforcement using a public health lens. (January 16, 2020.)

Proposal to abolish the Office of the Special Narcotics Prosecutor. (January 16, 2020.) The Proposal was covered here and here.

Proposal to bringing humanity to prison sentencing by shortening prison sentences, fixing our oppressive plea bargain system, and parole reform. (December 13, 2019.)

Proposal to commit to 80% Decarceration through our many reforms to pretrial detention. (October 20, 2019.)

Endnotes

[1] We acknowledge that there is ambiguity among those who have experienced intimate partner violence, as well as advocates and other experts deeply involved in this space surrounding the words “victim” and “survivor”. It is a personal preference as to what word individuals use, and for that reason we will use both throughout this paper.

[2] In speaking of our nation’s history, and Manhattan’s, we must recognize we are on Indigenous Peoples’ land, which Manhattan was the home of the Lenape.

[3] Arizona Coalition to End Domestic Violence, Types of Domestic Violence, https://www.acesdv.org/domestic-violence-graphics/types-of-abuse/ (accessed April 29, 2020)

[4] National Network to End Domestic Violence, Highlighting Financial Abuse this Financial Literacy Month, April 3, 2017, https://nnedv.org/latest_update/highlighting-financial-abuse-financial-literacy-month/ (accessed April 29, 2020)

[5] National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention, The National Intimate Partner and Sexual Violence Survey: 2010 Summary Report, 2010, https://www.cdc.gov/violenceprevention/pdf/nisvs_report2010-a.pdf (accessed May 14, 2020)

[6] The National Coalition Against Domestic Violence, Statistics, https://ncadv.org/statistics#factsheets (accessed April 23, 2020)

[7] Statistics on intimate partner violence are most often based upon arrests and/or prosecutions, therefore reflecting an undercount in the actual number due to hesitancy of reporting to law enforcement agencies.

[8] Mayor’s Office to End Domestic and Gender-Based Violence, ENDGBV 2019 Domestic Violence Fact Sheet, 2019, https://www1.nyc.gov/assets/ocdv/downloads/pdf/2019_Annual_Fact_Sheet.pdf (accessed April 23, 2020)

[9] United States Department of Justice, Office of Justice Statistics, Nonfatal Domestic Violence, 2003–2012, April 2014, https://www.bjs.gov/content/pub/pdf/ndv0312.pdf (accessed April 23, 2020)

[10] Mayor’s Office to Combat Domestic Violence, New York City Domestic Violence Fatality Review Committee: 2018 Annual Report, 2018, https://www1.nyc.gov/assets/ocdv/downloads/pdf/2018_Annual_FRC_Report_Final.pdf (accessed April 23, 2020)

[11] Mayor’s Office to Combat Domestic Violence, NYC Domestic Violence Task Force: 2017 Goals and Recommendations, 2017, http://criminaljustice.cityofnewyork.us/wp-content/uploads/2018/04/NYC-Domestic-Violence-Task-Force-report.pdf (accessed May 22, 2020)

[12] David Cruz, “NYPD Reports Uptick In Domestic Violence Murders As Coronavirus PAUSE Continues,” Gothamist, April 23, 2020, https://gothamist.com/news/total-number-domestic-violence-murders-year-surpasses-all-2019s-count (accessed May 26, 2020)

[13] New York City Independent Budget Office, The Rising Number of Homeless Families in NYC, 2002–2012: A Look at Why Families Were Granted Shelter, the Housing They Had Lived In & Where They Came From, November 2014, https://ibo.nyc.ny.us/iboreports/2014dhs.pdf (accessed May 22, 2020)

[14] United States Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Criminal Victimization 2015, October 2016 (revised March 22, 2018), https://www.bjs.gov/content/pub/pdf/cv15.pdf (accessed June 23, 2020)

[15] Susan Green, “Violence Against Black Women — Many Types, Far-Reaching Effects,” Institute For Women’s Policy Research, July 13, 2017, https://iwpr.org/violence-black-women-many-types-far-reaching-effects/ (accessed May 25, 2020)

[16] Abusers often use the threat of “outing” a partner’s sexual orientation as a way to maintain control. Transgender victims also experience additional verbal abuse by the misuse offensive pronouns and/or mocking of their physical appearance.

[17] National Coalition Against Domestic Violence, Domestic Violence and the LGBTQ Community, https://ncadv.org/blog/posts/domestic-violence-and-the-lgbtq-community, June 6, 2018, (accessed May 11, 2020)

[18] We recognize that reporting intimate partner violence creates additional challenges including fears of deportation or the possibility of being separated from children who are citizens. When we launched this campaign, we pledged to protect immigrants from unjust federal persecution, and that would extend to any undocumented victims of intimate partner violence. We will do everything within our power to protect these victims, which includes assuring them that their participation as complaining witnesses will not entangle them in the immigration enforcement system.

[19] Maya Finoh and Jasmine Sankofa, “The Legal System Has Failed Black Girls, Women, and Non-Binary Survivors of Violence,” ACLU, January 28, 2019, https://www.aclu.org/blog/racial-justice/race-and-criminal-justice/legal-system-has-failed-black-girls-women-and-non (accessed May 25, 2020)

[20] Fran S. Danis, “The Criminalization of Domestic Violence: What Social Workers Need to Know,” Social Work 48, №2 (2003): 237–246.

[21] Office of Governor Andrew M. Cuomo, “Following Spike in Domestic Violence During COVID-19 Pandemic, Secretary to the Governor Melissa Derosa & NYS Council on Women & Girls Launch Task Force to Find Innovative Solutions to End Crisis,” May 20, 2020, https://www.governor.ny.gov/news/following-spike-domestic-violence-during-covid-19-pandemic-secretary-governor-melissa-derosa (accessed May 21, 2020)

[22] New York State Unified Court System, New York City Family Court, “Domestic Violence (Family Offense),” http://ww2.nycourts.gov/COURTS/nyc/family/faqs_domesticviolence.shtml#op1 (accessed April 23, 2020)

[23] “NYS Orders of Protection Extended by Court,” WHCU, March 2020, https://whcuradio.com/news/025520-nys-orders-of-protection-extended-by-courts/ (accessed April 23, 2020)

[24] Melissa Gross, Elizabeth P. Cramer, Janett Forte, Jill A. Gordon, Tara Kunkel, and Laura J. Moriarty, “The Impact of Sentencing Options on Recidivism Among Domestic Violence Offenders: A Case Study,” American Journal of Criminal Justice 24, №2 (2000): 301–312.

[25] Barrett Whitener, Interview with Dr. Cathy Spatz Widom, National Institute of Health, podcast audio, April 21, 2015, https://www.nichd.nih.gov/newsroom/releases/042115-podcast-child-abuse (accessed May 28, 2020)

[26] Lina S. Millett, Patricia L. Kohl, Melissa Jonson-Reid, Brett Drake, and Megan Petra, “Child Maltreatment Victimization and Subsequent Perpetration of Young Adult Intimate Partner Violence: An Exploration of Mediating Factors,” Child Maltreatment 18, №2 (2013): 71–84.

[27] Melissa Labriola, Michael Rempel and Robert C. Davis, “Testing the Effectiveness of Batterer Programs and Judicial Monitoring: Results From a Randomized Trial at the Bronx Misdemeanor Domestic Court,” Center For Court Innovation, November 2005, https://www.courtinnovation.org/sites/default/files/battererprogramseffectiveness.pdf (accessed May 22, 2020)

[28] Matthew Wolfe, “Can You Cure a Domestic Abuser?,” The Atlantic, January 17, 2020, https://www.theatlantic.com/politics/archive/2020/01/seeking-cure-domestic-violence/604168/ (accessed May 12, 2020)

[29] Bob Kelleher, “Duluth Treatment Model Is 30 Years Old; Its Effectiveness Hotly Debated,” MPR, October 22, 2010, https://www.mprnews.org/story/2010/10/21/duluth-treatment-model (accessed May 28, 2020)

[30] Erin Stone, “Can Domestic Abusers Be Cured?,” Mother Jones, May/June 2019, https://www.motherjones.com/crime-justice/2019/05/batterer-intervention-programs-domestic-violence-treatment/ (accessed May 28, 2020)

[31] Rachel Louise Snyder, “Can Domestic Violence Abusers Keep Themselves Accountable When No One Else Is Watching?,” The New Yorker, June 23, 2020 https://www.newyorker.com/news/news-desk/can-domestic-abusers-keep-themselves-accountable-when-no-one-is-watching (accessed July 3, 2020)

[32] Candice M. Monson, Casey T. Taft, and Steffany J. Fredman, “Military-Related PTSD and Intimate Relationships: From Description to Theory-Driven Research and Intervention Development,” Clinical Psychology Review 29, №8 (2009): 707–714.

[33] Maureen Hayes, PhD, “An Evaluation of the Strength at Home Intervention,” The National Center on Family Homelessness, n.d., https://www.air.org/sites/default/files/Evaluation-Strength-at-Home-Intervention.pdf (accessed June 7, 2020)

[34] United States Department of Veterans Affairs, Veterans Health Administration, VA Giving Strength to Couples in Crisis, January 24, 2017, https://www.va.gov/health/NewsFeatures/2017/January/VA-Giving-Strength-to-Couples-in-Crisis.asp (accessed June 7, 2020)

[35] Casey T. Taft, Suzannah K. Creech, Matthew W. Gallagher, Alexandra Macdonald, Christopher M. Murphy, and Candice M. Monson, “Strength at Home Couples Program to Prevent Military Partner Violence: A Randomized Controlled Trial,” Journal of Consulting and Clinical Psychology 84, №11 (2016): 935.

[36] Allison R. Love, Leslie A. Morland, Ursula Menez, Casey Taft, Alexandra MacDonald, and Margaret-Anne Mackintosh, ““Strength at Home” Intervention for Male Veterans Perpetrating Intimate Partner Aggression: Perceived Needs Survey of Therapists and Pilot Effectiveness Study,” Journal of Interpersonal Violence 30, №13 (2015): 2344–2362.

[37] MacArthur Foundation, “sujatha baliga, Attorney and Restorative Justice Practitioner | 2019 MacArthur Fellow” Sept. 25, 2019, available at: https://www.youtube.com/watch?time_continue=6&v=zX8sVhNUlWE&feature=emb_title

[38] David R. Karp, The Little Book of Restorative Justice for Colleges and Universities: Repairing Harm and Rebuilding Trust In Response to Student Misconduct. Simon and Schuster, 2019.

[39] Leigh Goodmark, Decriminalizing Domestic Violence: A Balanced Policy Approach to Intimate Partner Violence. Vol. 7. Univ of California Press, 2018.

[40] Leah Sottile, “Abuser and Survivor, Face to Face,” The Atlantic, October 5, 2015, https://www.theatlantic.com/health/archive/2015/10/domestic-violence-restorative-justice/408820/ (accessed May 13, 2020)

[41] Erika Sasson, “Can Restorative Justice Practices Address Intimate Partner Violence?: Summary of a Roundtable Discussion,” Center For Court Innovation, 2016, https://www.courtinnovation.org/sites/default/files/documents/Intimate_Partner_Restorative_Roundtable.pdf (accessed May 18, 2020)

[42] Cathleen O’Grady, “Restorative Justice Could Dramatically Cut Domestic Violence Recidivism,” Ars Technica, September 25, 2019, https://arstechnica.com/science/2019/09/restorative-justice-could-dramatically-cut-domestic-violence-recidivism/ (accessed May 13, 2020)

[43] They are also put to ill-use, such as funding police in the subway, which we vehemently opposed. Additionally, my office will not use civil asset forfeiture to fund any initiatives.

[44] National Center for Women & Policing, Police Family Violence Fact Sheet, http://womenandpolicing.com/violenceFS.asp#notes (accessed May 14, 2020)

[45] Rafaqat Cheema, “Black and Blue Bloods: Protecting Police Officer Families from Domestic Violence,” Family Court Review 54, №3 (2016): 487–500.

[46] A woman is 5 times more likely to be killed if there is a gun in the home.
Giffords Law Center to Prevent Gun Violence, Domestic Violence & Firearms, https://lawcenter.giffords.org/gun-laws/policy-areas/who-can-have-a-gun/domestic-violence-firearms/ (accessed May 26, 2020)

[47] John Feltgen, “Domestic Violence: When the Abuser is a Police Officer,” Police Chief 63 (1996): 42–47.

[48] Sarah Cohen, Rebecca R. Ruiz and Sarah Childress, “Departments Are Slow to Police Their Own Abusers,” The New York Times, November 23, 2013, http://www.nytimes.com/projects/2013/police-domestic-abuse/index.html (accessed May 14, 2020)

[49] Hon. Mary Jo White, Hon. Robert L. Capers and Hon. Barbara S. Jones, The Report of the Independent Panel on the Disciplinary System of the New York City Police Department, January 25, 2019, https://www.independentpanelreportnypd.net/assets/report.pdf (accessed May 14, 2020)

[50] Unfortunately, counseling carries a heavy stigma, and officers are likely to be averse to department counseling. We support the Independent Panel on the Disciplinary System of the New York City Police Department’s recommendation that officers involved in domestic violence incidents receive dismissal probation as an additional penalty. See citation 38.

[51] Philip Matthew Stinson and John Liederbach, “Fox in the Henhouse: A Study of Police Officers Arrested for Crimes Associated with Domestic and/or Family Violence.” Criminal Justice Policy Review 24, №5 (2013): 601–625.

[52] Janos Marton, “A Call for Justice in Policing,” June 26, 2020, https://medium.com/@janosforda/a-call-for-justice-in-policing-7bd537992b4a (accessed June 26, 2020)

[53] Purple Purse Allstate Foundation, New Research Finds Americans Less Likely to Discuss Domestic Violence Today Than Four Years Ago Despite Momentum of Women’s Movement, April 16, 2018, https://www.allstatenewsroom.com/news/new-research-finds-americans-less-likely-to-discuss-domestic-violence-today-than-four-years-ago-despite-momentum-of-womens-movement/ (accessed May 14, 2020)

[54] The Center for Survivor Agency and Justice, Guidebook on Consumer & Economic Civil Legal Advocacy for Survivors: A Comprehensive and Survivor-Oriented Guide for Domestic Violence Attorneys and Legal Advocates, 2017, https://csaj.org/document-library/CSAJ_Guidebook_COMPLETE.pdf (accessed May 8, 2020) Note: password protected.

[55] Equal Justice Initiative, Incarceration of Women Is Growing Twice as Fast as That of Men, May 11, 2018, https://eji.org/news/female-incarceration-growing-twice-as-fast-as-male-incarceration/ (accessed June 8, 2020)

[56] Elizabeth Swavola, Kristine Riley and Ram Subramanian, “Overlooked: Women and Jails in an Era of Reform,” Vera Institute of Justice, 2016, https://www.vera.org/downloads/publications/overlooked-women-and-jails-report-updated.pdf (accessed June 8, 2020)

[57] Malika Saada Saar, Rebecca Epstein, Lindsay Rosenthal and Yasmin Vafa, “The Sexual Abuse to Prison Pipeline: The Girls’ Story,” Human Rights Project for Girls, Georgetown Law Center on Poverty and Inequality, Ms. Foundation for Women, 2015, https://rights4girls.org/wp-content/uploads/r4g/2015/02/2015_COP_sexual-abuse_layout_web-1.pdf (accessed June 8, 2020)

[58] Office of New York State Senator Roxanne J. Persaud, “Domestic Violence Survivor’s Justice Act, Longtime Bill Sponsored by Senator Persaud, Passes Senate,” March 12, 2019, https://www.nysenate.gov/newsroom/press-releases/roxanne-j-persaud/domestic-violence-survivors-justice-act-longtime-bill (accessed June 8, 2020)

[59] Reuven Blau, “Gov. Cuomo’s Clemency Out of Grasp for Many Behind Bars,” The City, August 6, 2019, https://www.thecity.nyc/special-report/2019/8/6/21210907/gov-cuomo-s-clemency-out-of-grasp-for-many-behind-bars (accessed June 8, 2020)

[60] Sarah Lustbader, “Spotlight: Incarcerated Women Help Draft New York Law to Free Domestic Violence Survivors,” The Appeal, June 6, 2019, https://theappeal.org/spotlight-incarcerated-women-helped-draft-new-york-law-to-free-domestic-violence-survivors/ (accessed June 8, 2020)

[61] S.B. 1050, 2019–2020 Legislative Session (New York, 2019). https://www.nysenate.gov/legislation/bills/2019/S1050 (accessed May 13, 2020)

[62] S.B. 7125, 2019–2020 Legislative Session (New York, 2019). https://www.nysenate.gov/legislation/bills/2019/S7125 (accessed May 13, 2020)

[63] New York City Council Int 1638–2019, (2019), https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=4069513&GUID=2C7497BB-4C5F-4635-9527-7E5720920D6D (accessed May 13, 2020)

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Criminal justice advocate. Democratic Candidate For Manhattan District Attorney.

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Janos Marton

Criminal justice advocate. Democratic Candidate For Manhattan District Attorney.