Lawyers Manual - Unified Court System

Advocating for Youth in Domestic Violence Proceedings 391
your ideas will be better received if you brainstorm with her about her
circumstances rather than simply lecturing her.
Justice System Response
Challenges to Access in New York State
In New York, an order of protection can be issued by the Family Court only
if the parties to the case are related by blood or marriage or share a child in
common. Civil Supreme Court is open to domestic violence victims only if they
are married. The vast majority of young people in intimate or dating relationships
are not eligible for assistance in the civil courts and may use only the Criminal
Court — which is open to individuals in all relationships — to access legal
protection. Only a young person married to, or sharing a child in common with,
the abuser will be eligible to seek assistance in both Family and Criminal Court
simultaneously. Because the two court systems have different purposes, entry
points, and relief available, you will have to be prepared to explain both systems
to eligible clients. Beyond explaining eligibility, you should be prepared to
explain the steps involved in each process. The idea of going to court —
particularly Criminal Court — may be unusually intimidating and unappealing to
a young victim, and your ability to demystify the process for your client may
impact her decision to seek an order of protection.
Criminal Justice System
Many adolescent characteristics create challenges for advocates working
with teenagers who are complaining witnesses in criminal cases. While victims
of all ages may be reluctant to use the Criminal Courts to obtain protection,
young victims are likely to be more secretive and distrustful of adults, especially
police. Like an adult victim, a teen might avoid the police if her suspicion or
fear of criminal authorities is greater than her concern for her own safety. She
may be worried that speaking to police would implicate her in criminal behavior
that she might have been encouraged or forced into by the abuser.
Your client probably will struggle with making a decision that will further
anger the abuser or result in punishment and a possible criminal record for her
batterer. Her unwillingness to expose the abuser to sanctions may arise from
fear or concern for him or for herself. She may be an undocumented immigrant
and concerned about her own status or that of her family. If the abuser is