Lawyers Manual - Unified Court System

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342 Lori Cohen New York State Domestic Violence Hotline Toll-Free: (800) 942-6906 (English); (800) 942-6908 (Spanish) http://www.nyscadv.org New York State Office for the Prevention of Domestic Violence (OPDV) (518) 457-5800 http://www.opdv.state.ny.us USCIS VAWA Information Line Vermont Service Center (802) 527-4888 The VAWA Information Line provides recorded information about the application filing process and updates on self-petitioning issues to applicants, attorneys, service providers and others assisting battered immigrants. It also allows callers to leave messages. While USCIS employees will return the call, they will not discuss specific cases. U.S. Department of State Bureau of Democracy, Human Rights and Labor (DRL) http://www.state.gov/g/drl/hr DRL develops an annual report on human rights conditions throughout the world, Country Reports on Human Rights Practices, accessible on its website free of charge. It also provides information on country conditions to USCIS and immigration judges in asylum cases.
Notes Representing Immigrant Victims of Domestic Violence 343 The author would like to thank Sanctuary interns Alix Lerner and Carla Martinez for research assistance and the compilation of Appendix A. 1. While the remedies discussed are available for domestic violence victims of either gender, this article assumes that the victim is female and the abuser is male. 2. See Appendix A for information on the New York City Domestic Violence Hotline and other services available to immigrant domestic violence victims. 3. For example, SAKHI for South Asian Women offers outreach, education and social assistance to domestic violence victims from Bangladesh, India, Nepal, Pakistan, Sri Lanka, and the South Asian Diaspora, http://www.sakhi.com (accessed Aug. 12, 2006). 4. See Appendix A for a list of organizations that assist immigrant domestic violence victims. 5. US law requires that both parents appear in person to apply for the passport of a child under the age of 14, or the non-applying parent must execute an affidavit giving her consent. 22 USC § 213; 22 CFR § 51.27(b). While intended to safeguard minors from being kidnapped abroad, it does not protect children over the age of 14 or children who carry a foreign passport. Nor are there safeguards to ensure that an abused spouse will not be coerced into executing the requisite affidavit. 6. For example, in Saudi Arabia, if a custody dispute arises between a foreign citizen woman and her citizen husband, the husband is legally able to prevent their children from leaving the country. US Department of State, Country Conditions Report on Human Rights Practices for 2005, “Saudi Arabia” (2006), http://www.state.gov/g/drl/rls/hrrpt/2005/61698.htm (last updated Aug. 12, 2006). 7. The Immigration Act of 1990 first introduced a waiver for conditional residents who were subject to battery or extreme cruelty. Immigration Act of 1990, Pub. L. 101-649, 104 Stat. 4978 (Nov. 29, 1990). As discussed below in the section “Removal of Conditions on Residence,” page 320, this “battered spouse waiver” applies to a very limited category of domestic violence victims. In response, in 1994 Congress passed the Violence Against Women Act, which afforded protections to broader classes of domestic violence victims. Violence Against Women Act of 1994, Pub. L.
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Lawyer’s Manual on Domestic Viole
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Victim Who Needs Child Support i La
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Summary of Contents Part I: Introdu
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Table of Contents Summary of Conten
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Contents vii 7. Moving On: UCCJEA,
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Contents ix Hearsay Exceptions: Exc
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Contents xi 20. Helping Immigrant V
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ALEXIS MCNAUGHTON KNOX 1983 - 2006
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The Evolution of the Justice System
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Evolution of the Justice System’s
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Evolution of the Justice System’s
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Notes Evolution of the Justice Syst
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10 Dorchen A. Leidholdt For all of
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12 Dorchen A. Leidholdt Center, Sak
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14 Dorchen A. Leidholdt can take ma
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16 Dorchen A. Leidholdt In the cour
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18 Dorchen A. Leidholdt Legal Issue
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20 Dorchen A. Leidholdt eye-witness
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22 Dorchen A. Leidholdt questions i
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24 Dorchen A. Leidholdt the help sh
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As a lawyer you may find yourself h
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Danger and Safety 29 however, is no
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Appendix Safety Planning Checklist
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Safety Planning Checklist continued
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Notes Danger and Safety 35 1. Jacqu
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Victim Who Needs Child Support 39 4
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Litigating Family Offense Proceedin
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Notes Litigating Family Offense Pro
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Custody disputes occur frequently i
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Litigating Custody and Visitation 6
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Primary Caretaker Litigating Custod
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The Law Regarding Child Welfare and
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Representing Domestic Violence Vict
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Respondent Mothers Representing Dom
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This article is a practical guide f
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Moving On: UCCJEA, The Hague Conven
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Notes Moving On: UCCJEA, The Hague
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The Uniform Child Custody Jurisdict
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UCCJEA and Domestic Violence: A Cas
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Safety Issues UCCJEA and Domestic V
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UCCJEA and Domestic Violence: A Cas
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Notes UCCJEA and Domestic Violence:
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The Hague Convention on the Civil A
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Civil Aspects of International Chil
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Civil Aspects of International Chil
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Conclusion Civil Aspects of Interna
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Domestic Violence and Money 10 Repr
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Victim Who Needs Child Support 141
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Address Confidentiality Victim Who
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Negotiating an Agreement When an Ag
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Counsel and Expert Fees Victim Who
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Notes Victim Who Needs Child Suppor
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Part IV Criminal Justice
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172 Lisa Fischel-Wolovick of an ord
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174 Lisa Fischel-Wolovick Primary A
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176 Lisa Fischel-Wolovick called th
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178 Lisa Fischel-Wolovick Notes 1.
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Intimate Partner Sexual Violence 12
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When Domestic Violence Victims Are
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Notes When Domestic Violence Victim
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Although stalking is a crime under
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Crimes of Stalking Taking Stalking
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Taking Stalking Seriously 197 stari
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Taking Stalking Seriously 199 Assis
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Conclusion Taking Stalking Seriousl
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Taking Stalking Seriously 203 23. F
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206 Elizabeth Cronin Moreover, vict
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208 Elizabeth Cronin assault cases
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210 Elizabeth Cronin sounds like so
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212 Elizabeth Cronin hearsay rules
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214 Elizabeth Cronin Davis does not
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216 Elizabeth Cronin Medical Expert
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218 Elizabeth Cronin Notes 1. Peopl
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220 Elizabeth Cronin 34. Nieves, su
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Part V Economics and Collateral Iss
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226 Emily Ruben Grounds When a batt
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228 Emily Ruben Orders of Protectio
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230 Emily Ruben Effective November
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232 Emily Ruben Also, since domesti
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234 Emily Ruben Conclusion There ar
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236 Emily Ruben 19. Harley v Harley
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238 Wendy R. Weiser and Deborah A.
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In addition to the physical and emo
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Public Assistance and Housing 257 B
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Public Assistance and Housing 259 s
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The Domestic Violence Liaison (DVL)
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Public Assistance and Housing 263 p
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Public Assistance and Housing 265 m
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Public Assistance and Housing 267 o
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Public Assistance and Housing 269 Y
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Public Assistance and Housing 271 P
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Public Assistance and Housing 273 f
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Public Assistance and Housing 275 l
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Public Assistance and Housing 277 D
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Conclusion Public Assistance and Ho
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Public Assistance and Housing 281 7
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84. Id. 85. Id. Public Assistance a
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Advocating for Youth in Domestic Vi
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Notes Advocating for Youth in Domes
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23 Domestic Violence in the Lesbian
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Domestic Violence in the LGBT Commu
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Notes Domestic Violence in the LGBT
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Appendices Power and Control Wheel
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Appendix B Immigrant Power and Cont
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Appendix D Lesbian/Gay Power and Co
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Contributors Liberty Aldrich is the
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Hilary Sunghee Seo is Co-Director o
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