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FALL 2003<br />

a <strong>community</strong> <strong>response</strong> <strong>that</strong> <strong>works</strong><br />

LETTER FROM CATHERINE J. DOUGLASS, EXECUTIVE DIRECTOR<br />

I am married to a research scientist who has influenced<br />

me to seek for irrefutable evidence—hard data—to<br />

support what I, and others on my staff, see and believe.<br />

Ever since the first days of <strong>inMotion</strong>, back in 1993,<br />

I have searched for convincing evidence <strong>that</strong> what<br />

<strong>inMotion</strong> does for our clients really makes the<br />

difference we say it does. I, therefore, welcomed the<br />

outcomes reported in two recent studies, rigorously completed by research<br />

academics, which dramatically confirms the value of legal protections for<br />

domestic violence survivors.<br />

In the first, researchers correlated data from the National Directory of<br />

Domestic Violence and the U.S. Department of Justice. They supplemented<br />

this information by contacting domestic violence programs to find out the<br />

specific types of services being provided to survivors of domestic violence<br />

county by county throughout the United States. After reviewing closely<br />

the situations of over 1,800 battered women, two economists stated this<br />

major finding:<br />

“Women who live in counties with legal assistance programs to help<br />

battered women are significantly less likely to suffer abuse.<br />

Because legal services help women with practical matters such as<br />

protective orders, custody and child support, they appear to<br />

actually present women with real, long-term alternatives to their<br />

relationships.” 1<br />

The second research project assessed the relationship between obtaining<br />

an order of protection and the risk of subsequent police-reported intimate<br />

partner violence. Whether orders of protection are effective in preventing<br />

future violence has been unclear. We know <strong>that</strong> approximately 1.5 million<br />

women experience intimate partner violence annually in our country. And<br />

we also know <strong>that</strong>, annually, approximately 20% of them obtain civil orders<br />

of protection. It has been suggested by some <strong>that</strong> orders of protection may,<br />

in fact, aggravate violence under certain conditions.<br />

Periodically, we encounter skeptics who say, “An order of protection is just<br />

a piece of paper. It cannot protect a woman from someone who truly<br />

wishes to do her harm.” But thanks to a second study, we have a strong<br />

positive answer to give to these skeptics.<br />

Researchers followed 2,700 adult female residents of Seattle, Washington<br />

who had reported an incident of male intimate partner violence over a 17-<br />

month period, between August 1998 and December 1999. They compared<br />

women who obtained a permanent order of protection after reporting an<br />

initial incident to the police to women who got either no protection order<br />

or only a temporary order. And they found something dramatic—having a<br />

permanent order of protection in effect was associated with an 80%<br />

reduction in police-reported physical violence in the 12 months following<br />

an incident of intimate partner violence. 2<br />

Dr. Judith Herman, a leading expert on the aftermath of violence, from<br />

domestic abuse to political terror, explains the role of the <strong>community</strong> in<br />

assisting survivors of domestic violence in her book, Trauma and Recovery:<br />

“Once it is publicly recognized <strong>that</strong> a person has been harmed, the<br />

<strong>community</strong> must take action to assign responsibility for the harm<br />

and to repair the injury. These two <strong>response</strong>s—recognition and<br />

restitution—are necessary to rebuild the survivor’s sense of order<br />

and justice.” 3<br />

Collectively at <strong>inMotion</strong> we are playing the role <strong>that</strong> Dr. Herman asserts<br />

the wider <strong>community</strong> must assume. What better restitution than to have<br />

a court recognize <strong>that</strong> you should have primary custody of your children,<br />

excluding your batterer from your marital home and requiring <strong>that</strong> he pay<br />

child and spousal support so <strong>that</strong> you can gain further education and be<br />

able to live independently, without violence, and see your children thrive.<br />

Most of our volunteer lawyers tell us <strong>that</strong> they are amazed at the<br />

transformation they see in their clients over the course of their<br />

representation. For the staff at <strong>inMotion</strong>, this is no longer a surprise.<br />

We know <strong>that</strong> when a woman walks into a law firm and finds <strong>that</strong> she is<br />

treated in the same way as other clients of <strong>that</strong> firm, she immediately<br />

begins to regain her self-respect—something her abuser has tried very<br />

hard to take away from her.<br />

The volunteer lawyers who advocate for our clients are, without a doubt,<br />

making it possible for women to live safer lives. They are giving women<br />

real options, ways <strong>that</strong> recent research has proven reduce the violence<br />

imposed by male intimate partners. Because we recognize the harm our<br />

clients have suffered and assist them in obtaining restitution, their sense<br />

of order and justice is restored. They have both the inner and external<br />

resources to take charge of their futures.<br />

1 Explaining the Recent Decline in Domestic Violence, Amy Farmer and Jill Tiefenthaler,<br />

Contemporary Economic Policy, April 2003.<br />

2 Civil Protection Orders and Risk of Subsequent Police-Reported Violence, Victoria L. Holt,<br />

Mary A. Kernic, Thomas Lumley, Marsha E. Wolf and Frederick P. Rivara, The Journal<br />

of the American Medical Association, August 2002.<br />

3 Trauma and Recovery: The Aftermath of Violence—From Domestic Abuse to Political Terror,<br />

Judith Lewis Herman, BasicBooks, HarperCollins Publishers, <strong>Inc</strong>., 1992.


commitment to justice<br />

2003 AWARDS CEREMONY<br />

InMotion celebrated the New York City legal <strong>community</strong>’s commitment to voluntarism on December 1st, at Fordham University School of Law,<br />

by honoring the hundreds of attorneys, legal assistants and individuals who have provided extraordinary pro bono services to our clients in 2003.<br />

We singled out one firm and 16 individuals to receive Commitment to Justice awards.<br />

William Torres and<br />

Barbara Reeves, from<br />

the Supreme Court<br />

Office for the Self-<br />

Represented, accept<br />

the Deborah E. Smith<br />

award. Left to right:<br />

William Torres, Mini<br />

Lim, Manhattan pro<br />

bono coordinator,<br />

Barbara Reeves and<br />

Ramonita Cordero,<br />

director, legal<br />

program.<br />

Sidley partners María Meléndez, Cathy Kaplan and Thomas Cole,<br />

executive chairman, accept the Law Firm of the Year award.<br />

Catherine Douglass with Eva Moskowitz, New York City<br />

council member and the evening’s guest of honor.<br />

LAW FIRM AWARD<br />

Sidley Austin Brown & Wood LLP, honoring the firm’s outstanding<br />

commitment to pro bono services and ongoing support of <strong>inMotion</strong>.<br />

Partners and associates from the firm have represented nearly 50 <strong>inMotion</strong><br />

clients, 14 in the past year alone.<br />

“We feel privileged to be associated with <strong>inMotion</strong>, an extraordinary<br />

organization, and grateful for the opportunity to make a real difference in<br />

the lives of low-income, underserved and abused women. The opportunity<br />

to meet and assist <strong>inMotion</strong>’s clients is a wonderful gift <strong>that</strong> we treasure.<br />

Our attorneys and legal assistants value the expert training and guidance<br />

they receive from <strong>inMotion</strong>. With this support, they are able to help the most<br />

vulnerable families in our <strong>community</strong>.” Thomas A. Cole, Executive Chairman.<br />

PARTNER AWARD<br />

Patricia A. Griffin—King & Spalding LLP, in recognition of her profound<br />

commitment to building meaningful pro bono opportunities for attorneys<br />

and legal assistants at her firm.<br />

MENTOR AWARD<br />

Peter Bienstock—Cohen Hennessey & Bienstock P.C., for mentoring<br />

<strong>inMotion</strong>’s volunteer attorneys, providing thoughtful insights and advice on<br />

complex litigation matters.<br />

ASSOCIATE AWARD<br />

• Amanda Blanck Newby—Sullivan & Cromwell LLP, for her work on<br />

several <strong>inMotion</strong> cases, including reuniting a mother who had successfully<br />

battled her drug addiction with her child.<br />

• Stephanie Anne Golden—Simpson Thacher & Bartlett LLP, for her<br />

creative and compassionate representation of a battered woman in a<br />

complicated order of protection case involving child sexual abuse, and<br />

difficult forensic and interstate jurisdictional issues.<br />

• Lisa D. Prichard and Anamika Samanta—Willkie Farr & Gallagher LLP,<br />

for their work on a highly contested divorce case, representing a client<br />

who was stabbed multiple times by her husband.<br />

JOHN K. GEIGER AWARD<br />

Francesca Morris—Holland & Knight LLP, for representing nine clients<br />

with complex, litigated issues over the past four years and for actively<br />

encouraging Holland & Knight associates to represent <strong>inMotion</strong> clients and<br />

supervising their work on <strong>inMotion</strong> cases.<br />

PRO BONO COORDINATOR AWARD<br />

Amy Rossabi—Davis Polk & Wardwell, for her years of dedication<br />

to <strong>inMotion</strong> and our clients, serving as an attorney and supervisor on<br />

numerous complex family and matrimonial cases, and tirelessly promoting<br />

and supporting our program at her firm.<br />

SOLO/SMALL FIRM PRACTITIONER AWARD<br />

• Regina Alberty, for her representation of many victims of domestic<br />

violence in challenging divorce, custody and order of protection cases,<br />

demonstrating her commitment to helping those in need.<br />

• Ariane Dimitris, for her work to empower Spanish-speaking clients in<br />

numerous Family and Supreme Court cases, including matters involving<br />

complex immigration issues.<br />

• Seth M. Kaufman, for handling many difficult order of protection and custody<br />

cases. In two instances, Seth secured favorable final orders and then went on<br />

to represent his clients on appeal when their abusers challenged the orders.<br />

• Lourdes Reyes, for her zealous advocacy on behalf of battered women<br />

with compelling cases in Family and Supreme Court. In her most recent<br />

case, Lourdes helped a client maintain her right to receive child support<br />

after the father challenged his acknowledgment of paternity.<br />

• Jeanette M. Westphal, for representing numerous Bronx women in family law<br />

matters, including assisting a terminally ill survivor of domestic violence with<br />

the preparation of her will, stand-by guardianship and health care proxy.<br />

DEBORAH E. SMITH AWARD<br />

• Barbara Reaves and William Torres—Supreme Court Office for the Self-<br />

Represented, for supporting our RITE Workshop (Realizing<br />

Independence Through Empowerment), which teaches women with<br />

uncontested cases how to obtain their own divorces. Barbara and William<br />

attend evening Workshop sessions to review our pro se clients’ documents,<br />

submitting them to a judge on the following day. They also introduce<br />

Workshop participants to the courthouse by leading tours at the Supreme<br />

Court and answering their many questions.<br />

SPECIAL AWARD<br />

• Sierra Maria Hare, for her five-year involvement with the RITE Workshop,<br />

assisting three pro se clients in obtaining their divorces and serving as a longstanding<br />

member of the Workshop’s Advisory Council. Sierra has also played<br />

an instrumental role in organizing <strong>inMotion</strong>’s annual Day of Empowerment.<br />

2


new places and faces<br />

2432 GRAND CONCOURSE<br />

That’s the address of our new Bronx office. On October 30th, <strong>inMotion</strong>’s Bronx staff packed up their<br />

desks, bid a farewell to their long-time home on Walton Avenue, Yankee Stadium territory, and headed off<br />

to new digs on the 5th floor in the recently-renovated Poe Building, near the Bronx Zoo and Fordham<br />

University.<br />

It’s the simple things <strong>that</strong> the Bronx staff most appreciates about their new home—adequate heat in the<br />

winter and cooling in the summer, lights and computers <strong>that</strong> can be turned on at the same time without<br />

blowing a fuse, running the microwave without unplugging the photocopier. The new office is located<br />

in a bustling commercial section, offering great accessibility to our clients and improved services for<br />

our staff.<br />

<strong>inMotion</strong>, <strong>Inc</strong>.<br />

2432 Grand Concourse, Suite 506<br />

Bronx, New York 10458<br />

Tel 718.562.8181<br />

Fax 718.562.7514<br />

We are extremely grateful to Lorraine Freehand, our pro bono real estate attorney, for her perseverance and determination to see us through the many<br />

convoluted twists and turns of negotiating our new lease. We also thank Seth Howe and his associates at Studio Howe, who volunteered their architectural<br />

expertise to design and supervise the construction of the new office. Working within the limitations of an extremely tight budget, Seth transformed<br />

anonymous raw space into a beautiful new home <strong>that</strong> functions well for staff, volunteers and clients alike. Lastly, we express our appreciation to Zurich<br />

Financial Services for generously providing <strong>works</strong>tations, file cabinets and office furniture, and to GE Capital for donating much needed computers.<br />

WELCOMING NEW LEGAL PROGRAM STAFF<br />

InMotion has had the great fortune to welcome many new faces to our legal program over the past year. Each new staff member brings an<br />

incredible wealth of knowledge, expertise and compassion to our work.<br />

Libby Vázquez—Bronx pro bono coordinator, joined our staff in<br />

January of 2003. Libby is a recent graduate of Fordham University School<br />

of Law. While a student, Libby served on the board of directors of the<br />

student-run Family Court Mediation Project and worked as a court<br />

appointed mediator in the Bronx Family Court. She also spent a summer<br />

interning at the Pro Bono Partnership in White Plains. Prior to law<br />

school, Libby worked for several years as a paralegal in The Legal Aid<br />

Society, Harlem Neighborhood Office.<br />

Gabriella F. Richman, Esq.—staff attorney, joined our Bronx<br />

office in July. Gabriella began her legal career as a court attorney to the<br />

Honorable Philip C. Segal in Kings County Family Court. After leaving<br />

the Family Court, Gabriella worked for a Nassau county law firm<br />

practicing matrimonial and family law. Discovering her preference for<br />

public interest law over private practice, Gabriella left the firm for an<br />

appointment to the Second Department Family Court Appeals Panel to<br />

represent indigent individuals. In addition to Gabriella’s appellate work,<br />

she served as a family law coordinator for the Brooklyn Bar Association<br />

Volunteer Lawyers Project.<br />

Mini Lim—Manhattan pro bono coordinator, joined <strong>inMotion</strong> at<br />

the end of September. Mini came to us from Skadden, Arps, Slate,<br />

Meagher & Flom where she worked as a legal assistant and uniform<br />

commercial code specialist in the firm’s banking and institutional<br />

investing division. Mini had her first taste of public service work when she<br />

became involved with our RITE Workshop (Realizing Independence<br />

Through Empowerment) this last spring. She so loved working with<br />

<strong>inMotion</strong> clients <strong>that</strong> she could not believe her luck when a position<br />

opened up on our staff. In addition to her strong legal and administrative<br />

skills, Mini is fluent in Korean and French.<br />

Lisa Kalichman, Esq.—staff attorney, will join our legal staff in<br />

January 2004. For the last year, Lisa has been a solo practitioner in New<br />

York City—handling real estate, landlord tenant, matrimonial,<br />

commercial disputes, estate and guardianship matters. Prior to setting up<br />

her own practice, Lisa was an associate at Nadel & Associates and at<br />

Sgarlato & Sgarlato, both small, general practice firms. Lisa is a graduate<br />

of University of Buffalo, State University of New York.<br />

Juliet R. Koskoff, Esq.—staff attorney, will also begin work in<br />

January 2004. For the past three years, Lisa has been a staff attorney for<br />

the Juvenile Rights Division of The Legal Aid Society. She carried a<br />

caseload of over 300 clients, representing children primarily in abuse and<br />

neglect cases. Prior to Legal Aid, Juliet worked with the Corporation<br />

Counsel in Staten Island, representing out-of-state child support<br />

petitioners. An active member of the Brooklyn Bar Association Volunteer<br />

Lawyers Project in law school, Juliet staffed a helpline for survivors of<br />

domestic violence, advising them of their legal rights. Among other<br />

responsibilities, Juliet will manage the operations of the RITE Workshop.<br />

Marguerite D. Cordice, Esq.—staff attorney, will join our Bronxbased<br />

program staff in January 2004. This accomplished private<br />

practitioner, who is bilingual in Spanish and English, has spent more than<br />

17 years handling criminal defense, family and matrimonial, bankruptcy<br />

and immigration law matters. The first five years of her legal career were<br />

spent at the Queens County District Attorney’s office. She then turned to<br />

private practice, where she increasingly served an under-represented<br />

working Latino <strong>community</strong> in Queens, handling a demanding caseload in<br />

both state and federal courts. Marguerite will continue this focus with<br />

<strong>inMotion</strong>, nurturing and building our collaborative relationships with<br />

<strong>community</strong>-based organizations in Elmhurst, Jackson Heights, and<br />

Corona, Queens, and Northern Manhattan, through our on-going Poder<br />

Latina (Latina Power)project.<br />

3


landmark victory<br />

BRONX INTEGRATED DOMESTIC VIOLENCE COURT<br />

Every day, <strong>inMotion</strong>’s volunteer attorneys secure significant court victories for our clients. It’s not often though <strong>that</strong> a precedent-setting decision is<br />

rendered in one of our cases. On November 14, 2003, the Honorable Diane Kiesel of the Bronx Integrated Domestic Violence Court issued a 25-page<br />

opinion <strong>that</strong> will allow the Court to modify a child custody order granted by a court in the Dominican Republic. This landmark decision gives <strong>inMotion</strong>’s<br />

client a second chance to prevent her two young children from suffering further abuse at the hands of their father—an option <strong>that</strong> she didn’t have in<br />

the Dominican Republic.<br />

Alicia * fled the Dominican Republic after suffering from years of<br />

abuse by Patricio, the father of her twin boys. The boys remained behind<br />

with Alicia’s mother and she planned to bring them to New York once she<br />

was able to establish herself. In her absence, in April of 2002, Patricio<br />

obtained full custody of the five-year-old boys by default judgment in the<br />

Dominican Family Court. Alicia first became aware of the judgment when<br />

she returned to the Dominican Republic to visit the children a month after<br />

the judgment was issued. She immediately filed an appeal. The Appellate<br />

Court upheld the custody decision based, in part, on a forensic evaluation<br />

of the father conducted during the lower court proceeding. However, the<br />

mother was never interviewed and her accounts of severe abuse were never<br />

addressed by either court. Fearing for her children’s lives, Alicia took the<br />

boys to New York in September 2002. In November 2002, when Patricio<br />

tracked them down and threatened to kill Alicia, he was arrested.<br />

At Patricio’s arraignment in Bronx Criminal Court, a full order of protection<br />

was granted to Alicia. However, based on false information provided by<br />

Patricio, the court released him on his own recognizance. Three days later,<br />

Patricio, through his New York attorney, filed a writ of habeas corpus in<br />

Bronx Family Court requesting <strong>that</strong>, based on the Dominican courts’<br />

decisions, the children be immediately returned to him. And four days later,<br />

Patricio appeared at Alicia’s home brandishing a gun.<br />

When Alicia contacted <strong>inMotion</strong>, her situation was dire. She was terrified by<br />

both the immediate threat of violence and the prospect of having to return<br />

the twins to the Dominican Republic to live with their abusive father under<br />

the Dominican order. Our staff attorneys immediately assigned the case to<br />

Meghan Murphy, our White & Case extern** at the time, who filed custody<br />

and family offense petitions on Alicia’s behalf in Bronx Family Court.<br />

Fortunately for the client, the dueling custody/habeas petitions, the family<br />

offense petition and the criminal charges against the father were assigned<br />

to the Integrated Domestic Violence Court. Because this Court has<br />

concurrent jurisdiction over Criminal and Family Court matters in cases<br />

involving domestic violence, one judge decides all matters involving cases<br />

involving one family.<br />

* All client names have been changed to protect their identities.<br />

In December 2002, the Court asserted temporary jurisdiction and granted<br />

Alicia temporary order of custody of the children with no visitation for the<br />

father, as well as a temporary order of protection for her and the twins,<br />

while the issue of jurisdiction was considered. Paul Godinez, a second White<br />

& Case extern, took over the case in January and successfully argued to have<br />

the temporary jurisdiction extended through the spring of 2003.<br />

During this time, Judge Kiesel consulted with the District Court in the<br />

Dominican Republic and in July 2003 she received its permission to<br />

consider the question of jurisdiction based on the fact <strong>that</strong> both Alicia and<br />

Patricio now reside in the New York. The Court requested a written<br />

argument on the issue of jurisdiction in August 2003. The Judge also closely<br />

reviewed the recently-enacted Uniform Child Custody Jurisdiction<br />

Enforcement Act, known as the UCCJEA, further clarifying its intent to<br />

eliminate jurisdictional competition between courts in child custody cases.<br />

Beyond this basic mandate, the Act seeks to ensure <strong>that</strong> issuance and<br />

enforcement of child custody and visitation are accomplished “in a manner<br />

<strong>that</strong> ensures the safety of the children is paramount and <strong>that</strong> victims of<br />

domestic violence and child abuse are protected.”<br />

Judge Kiesel’s decision was based the submissions of White & Case externs<br />

Averie Hason and Justin Brown. In their written arguments, Averie and<br />

Justin emphasized Patricio’s long history of domestic violence against Alicia<br />

and the children and the Dominican courts’ failure to adequately address<br />

these accounts. They also noted the father’s sworn statements <strong>that</strong> he was a<br />

resident of New York State (despite his latter claims to the contrary in an<br />

attempt to evade jurisdiction). Finally, they argued most persuasively <strong>that</strong><br />

Alicia’s fleeing with the boys could not be considered unjustifiable conduct<br />

under the UCCJEA.<br />

Undoubtedly, this landmark victory will help many more women in the<br />

years to come. But, unfortunately, Alicia’s long struggle is not over. In<br />

January 2004, the trial to consider permanent custody and the criminal<br />

charges against Patricio will begin—but Alicia will know <strong>that</strong> she will have<br />

the best chance yet of prevailing—the committed, professional White &<br />

Case team will be at her side.<br />

** On a three-month rotation, an associate from White & Case <strong>works</strong> full-time in our Manhattan office on emergency cases like the one outlined here. We often receive calls from women with pressing,<br />

sometimes life-threatening, situations <strong>that</strong> require the immediate assistance of an attorney. Prior to establishing the externship program, without time to find a volunteer attorney, we could often only<br />

provide advice to these women on how to proceed on their own. Now, when <strong>inMotion</strong> receives a desperate call from a woman like Alicia, we can offer immediate legal representation.<br />

WELCOME ON BOARD!<br />

We are thrilled <strong>that</strong> Dale G. Berger has rejoined our board of directors. After<br />

serving two full terms in which she made numerous important contributions to<br />

<strong>inMotion</strong>, Dale rotated off the board in June 2002. In her first six years as a board<br />

member, Dale helped us conceive and execute our first and subsequent annual<br />

Photography Auction and Benefit evenings. She once again brought her creative<br />

ideas and critical connections to us as we initiated our first annual Summer Party<br />

for young professionals in June 2003.<br />

Two respected partners of major law firms have also joined <strong>inMotion</strong>’s board.<br />

Helene D. Jaffe, who co-chairs the trade practices and regulatory law department<br />

of Weil, Gotshal & Manges, began her board membership by convincing her firm<br />

to join as a corporate partner of <strong>inMotion</strong>. And Alan M. Knoll, a partner at<br />

Orrick, Herrington & Sutcliffe’s structured finance group, has both helped us<br />

build our pro bono program and supported our requests for financial support<br />

from Orrick for a number of years. A warm welcome, Dale, Helene and Alan!<br />

4


who we are<br />

CORPORATE PARTNERS, BOARD AND STAFF<br />

CORPORATE<br />

PARTNERS<br />

Bernstein Litowitz Berger & Grossmann LLP<br />

Daniel L. Berger, Esq.<br />

GeneralCologne Re<br />

Richard W. Manz<br />

Orrick, Herrington & Sutcliffe LLP<br />

Katherine I. Crost, Esq.<br />

Stroock & Stroock & Lavan LLP<br />

Robert Lewin, Esq.<br />

Bloomberg<br />

Davis Polk & Wardwell<br />

Howard A. Ellins, Esq.<br />

Fried Frank Harris Shriver & Jacobson<br />

Janice Mac Avoy, Esq.<br />

BOARD OF DIRECTORS<br />

Greenberg Traurig LLP<br />

Stephen L. Rabinowitz, Esq.<br />

King & Spalding<br />

Patricia A. Griffin, Esq.<br />

Milbank, Tweed, Hadley & McCloy LLP<br />

Elliot Gewirtz, Esq.<br />

Shearman & Sterling<br />

David W. Heleniak, Esq.<br />

Sidley Austin Brown & Wood LLP<br />

Cathy M. Kaplan, Esq.<br />

Simpson Thacher & Bartlett<br />

Joseph F. Wayland, Esq.<br />

Skadden, Arps, Slate, Meagher & Flom LLP<br />

Sheila L. Birnbaum, Esq.<br />

White & Case LLP<br />

Carol A. Witschel, Esq.<br />

Weil, Gotshal & Manges LLP<br />

Willkie Farr & Gallagher<br />

Martin B. Klotz, Esq.<br />

Zurich Financial Services<br />

Christian Halabi, Esq<br />

Virginia A. Arcari, Esq. ( TREASURER)<br />

Terri D. Austin, Esq.<br />

American International Companies<br />

Joseph T. Baio, Esq.<br />

Willkie Farr & Gallagher LLP<br />

Dale G. Berger<br />

Frances S. Campbell ( CHAIR)<br />

Kerry D. Chandler<br />

ESPN, <strong>Inc</strong>.<br />

Shelley C. Chapman, Esq. ( VICE CHAIR)<br />

Willkie Farr & Gallagher LLP<br />

STAFF<br />

Harriet N. Cohen, Esq.<br />

Cohen Hennessey & Bienstock P.C.<br />

Catherine J. Douglass, Esq. ( PRESIDENT)<br />

<strong>inMotion</strong>, <strong>Inc</strong>.<br />

Steven D. Germain, Esq.<br />

Zurich Financial Services<br />

Denise M. Grant, Esq.<br />

Shearman & Sterling LLP<br />

Carla Hendra<br />

OgilvyOne North America<br />

Helene D. Jaffe, Esq.<br />

Weil, Gotshal & Manges LLP<br />

M. Elaine Johnston, Esq.<br />

White & Case LLP<br />

Alan M. Knoll, Esq.<br />

Orrick, Herrington & Sutcliffe LLP<br />

Lynette P. Koppel, Esq.<br />

Shearman & Sterling LLP<br />

Elizabeth Langwith<br />

American Express Travel Related<br />

Services Company, <strong>Inc</strong>.<br />

Mary Elizabeth McGarry, Esq.<br />

Simpson Thacher & Bartlett LLP<br />

María D. Meléndez, Esq.<br />

Sidley Austin Brown & Wood LLP<br />

Susan L. Merrill, Esq.<br />

Davis Polk & Wardwell<br />

Jim Millstein<br />

Lazard Frères & Co. LLC<br />

Julie Saul<br />

Julie Saul Gallery<br />

Jolie Schwab, Esq.<br />

Marcia L. Sells, Esq.<br />

Columbia University<br />

Elizabeth Talerman ( SECRETARY)<br />

Talerman + Partners<br />

Nélida Vélez, Esq.<br />

Office of the District Attorney, Bronx County<br />

Ramonita Cordero, Esq.<br />

Director, Legal Program<br />

Lisa Kalichman, Esq.<br />

Staff Attorney<br />

Carol M. Lindley<br />

Director, Development and Marketing<br />

Gabriella F. Richman, Esq.<br />

Staff Attorney<br />

Marguerite D. Cordice, Esq.<br />

Staff Attorney<br />

Juliet R. Koskoff, Esq.<br />

Staff Attorney<br />

Odette McKnight<br />

WEC Coordinator<br />

Iris Rodriguez<br />

Office Administrator—Manhattan<br />

Catherine J. Douglass, Esq.<br />

Executive Director<br />

Laurie Lichtenstein<br />

Manager, Development and Marketing<br />

Mercedes Medina<br />

Program Assistant<br />

Erica Shipstead<br />

Development Assistant<br />

Heidi L. Henderson, Esq.<br />

Senior Staff Attorney<br />

Mini Lim<br />

Pro Bono Coordinator—Manhattan<br />

Nancy Nagourney<br />

Director, Finance and Administration<br />

Lisa Smith<br />

Finance and Administrative Assistant<br />

Libby Vázquez<br />

Pro Bono Coordinator—Bronx<br />

SAVE THE DATE<br />

Annual Photography Auction & Benefit<br />

InMotion will celebrate 11 years of providing free legal services to low-income women and children in domestic crisis at Sotheby’s on<br />

March 8th, 2004. At the event, we will honor Kathryn S. Wylde, president and CEO, Partnership for New York City, for her unwavering<br />

commitment to strengthening New York City’s most vulnerable and disenfranchised communities. David W. Heleniak, senior partner,<br />

Shearman & Sterling LLP, and Pamela Zilly, senior managing director, The Blackstone Group, have graciously agreed to serve as the<br />

event’s honorary co-chairs. Rounding out the event leadership team are co-chairs Lynette Koppel, administrative attorney, Shearman & Sterling<br />

LLP, and a member of <strong>inMotion</strong>’s board, and Richard T. Roberts, managing director, Goldman, Sachs & Co. We are thrilled to welcome back<br />

Denise Bethel, senior vice president and director of photography at Sotheby’s, to lead, for the 8th year in a row, the spirited bidding on 40 <strong>works</strong><br />

of art donated by New York City photographers and galleries. We hope you will join us!<br />

For more information, email: inquires@inmotiononline.org or call 212-695-3800.<br />

5


a day at the walk-in clinic<br />

As we have on every second Saturday of the month for the last three years, <strong>inMotion</strong> staff and volunteers opened the doors of our Bronx office<br />

on November 15th to the women of the <strong>community</strong>. At our monthly walk-in clinics, we invite any woman with questions about child custody and<br />

visitation, child and spousal support, domestic violence, divorce or immigration issues to walk in and have her concerns addressed or papers<br />

reviewed on the spot by one of our legal staff or clinic volunteers.<br />

Undeterred by the recent change of address, women from the Bronx <strong>community</strong> found their way to our new door. They arrived with their legal<br />

papers, marriage licenses and dog-eared orders of protection—many with small children in tow—hoping to find a way to end an abusive<br />

relationship, obtain desperately needed child support, or simply to learn about their legal rights. Here are the stories of just a few of the<br />

women who walked through our doors on November 15th.<br />

When Heidi Henderson, <strong>inMotion</strong> senior staff attorney, arrived at 9:30 am, she<br />

found Alejandra patiently waiting outside the door with her two daughters.<br />

Heidi had arrived early but not nearly as early as Alejandra, who had been<br />

waiting since 8:00 am for the clinic to open— Alejandra wanted to make sure<br />

she would be able to speak with an attorney about her immigration status.<br />

Alejandra is terrified <strong>that</strong> her abusive husband will follow through with his<br />

repeated threats to have her deported to Ecuador and to take her two daughters<br />

away from her if she tries to leave him. Since she was granted conditional<br />

residence status two years ago, Alejandra has endured escalating physical and<br />

emotional abuse. Earlier this year, she obtained a temporary order of protection<br />

when her husband tried to strangle her in front of her youngest daughter. She<br />

obtained a second order of protection after an incident in September when her<br />

husband viciously beat her after being woken up by the washing machine. Our<br />

staff was especially alarmed to learn <strong>that</strong> despite having multiple protective<br />

orders, her husband continues to live in the basement of their marital home.<br />

Alejandra mistakenly believed <strong>that</strong> without her abusive husband’s support, she<br />

would never be able to apply for the final ‘adjustment of status’—the last step<br />

required when petitioning the Bureau of Citizenship and Immigration Services<br />

(BCIS) to become a permanent legal resident. After speaking with clinic staff,<br />

Alejandra learned <strong>that</strong> she did not need her husband’s help to become a legal<br />

resident. Under the Violence Against Women Act (VAWA), she is eligible to file<br />

a battered spouse waiver with the BCIS for legal residency on her own,<br />

independent of her husband. Within two days of learning about Alejandra’s<br />

dangerous living situation, <strong>inMotion</strong> placed her case with a volunteer attorney<br />

who immediately filed a motion to have her batterer excluded from the home<br />

and began to assist Alejandra in drafting a persuasive battered spouse waiver for<br />

legal residency.<br />

Marcela was referred to <strong>inMotion</strong> by the Bronx Legal Aid Society. When<br />

Marcela arrived at the clinic, she was still in a state of shock after receiving a<br />

divorce judgment in the mail informing her <strong>that</strong> her husband had obtained a<br />

divorce from the state of Alabama <strong>that</strong> allowed for no equitable distribution of<br />

their marital assets. Marcela was never personally served with divorce papers—<br />

she received the initial summons in the mail. Unfortunately, she did not<br />

understand <strong>that</strong> she needed to respond within 20 days and <strong>that</strong> she needed to<br />

appear in an Alabama court if she wished to contest the divorce. As a result, her<br />

husband obtained the divorce by default, on his terms. Marcela wants to modify<br />

the divorce judgment to allow for equitable distribution of their marital<br />

property, which includes her husband’s Army pension.<br />

To make matters worse, since retiring from the Army in June, her husband has<br />

ceased paying child support. Marcela recently lost her job as a secretary and is<br />

struggling to support her twin 16 year-old daughters on her unemployment<br />

insurance of $158 dollars a week. She desperately needs to enforce a child<br />

support order issued in Virginia.<br />

Marcela received advice and counsel from Heidi Henderson who explained<br />

<strong>that</strong> she had no choice but to seek a modification of her divorce judgment<br />

in the Alabama Supreme Court and directed her to LawHelp.org for<br />

referrals to legal service agencies in the state. Heidi also advised Marcela on<br />

the varied steps involved in filing an enforcement petition for child support<br />

in the courts of Virginia and discussed how to seek a money judgment for<br />

arrears owed. Marcela has received additional coaching from our Bronx<br />

staff attorney, Gabriella Richmond, who is guiding her through the steps of<br />

filing an interstate child support petition.<br />

Makeda, an undocumented, battered immigrant from Zambia, learned<br />

about our clinic from her case manager at a domestic violence shelter.<br />

Makeda desperately wants a divorce. Promised in marriage at the age of four,<br />

she is the survivor of a lifetime of nearly unspeakable violence at the hands<br />

of her husband and his family. In the last three and a half years, Makeda has<br />

suffered five miscarriages as the result of beatings from her husband. She<br />

recently fled with her two daughters, ages four and six, when her husband<br />

began to plan a trip to Zambia in order to have the girls circumcised.<br />

Attorneys at the domestic violence shelter helped Makeda secure an order<br />

of protection and supervised visitation for her daughters’ father. With the<br />

help of a court appointed attorney, Makeda has filed for custody. Since<br />

receiving the summons on the custody petition, Makeda’s husband has<br />

threatened to kill her and his daughters if he sees them on the street. He<br />

has had several people, including the Imam of the mosque and her family<br />

in Zambia, try to pressure her to withdraw her order of protection and<br />

custody petitions. Despite all of this, Makeda refuses to be intimidated. The<br />

moment Makeda’s pending custody issues are resolved, <strong>inMotion</strong> is ready to<br />

place Makeda’s case in the hands of a caring attorney who will help her<br />

obtain the divorce she so desperately wants and needs.<br />

Rosa does not speak or understand English. A psychologist at the<br />

Fordham-Tremont Community Mental Health Center convinced Rosa to<br />

come to the bilingual clinic to have her many questions about getting a<br />

divorce answered. Rosa has not seen her abusive husband for over a year<br />

and a half. She knows <strong>that</strong> he is in the Army, stationed somewhere on Long<br />

Island, but she does not know how to contact him. Although they have a<br />

seven-year-old son and a 12-year-old daughter, Rosa receives no child<br />

support. InMotion does not normally accept divorce cases if the husband’s<br />

address is unknown—but in this instance, we are confident <strong>that</strong> we will be<br />

able to locate him through the Army. Because Rosa cannot communicate in<br />

English, it would be almost impossible for her to track him down on her<br />

6<br />

*All client names and countries of origin have been changed to protect their identities. continued on page 7


our thanks<br />

2003 INSTITUTIONAL SOURCES OF INCOME<br />

We gratefully acknowledge the following corporations, foundations and law firms for their financial and in-kind support over the past year. Their generosity has made it<br />

possible for <strong>inMotion</strong> to help women and children throughout New York City find hope and freedom.<br />

$50,000 & OVER<br />

Anonymous<br />

Booth Ferris Foundation<br />

Cravath, Swaine & Moore<br />

Highway 61*<br />

IOLA Fund of the State of New York<br />

Lazard Frères & Co., LLC<br />

The New York Community Trust<br />

OgilvyOne Worldwide**<br />

Willkie Farr & Gallagher LLP<br />

Zurich Financial Services**<br />

$25,000 – $49,999<br />

Altria Employee Fund<br />

American Express Travel Related<br />

Services Company, <strong>Inc</strong>.<br />

Bankruptcy Services LLC<br />

Conway, DelGenio, Gries & Co., LLC<br />

89 Editorial*<br />

Equal Justice Works<br />

Fried Frank Harris Shriver & Jacobson<br />

The Rhodebeck Charitable Trust<br />

Sidley Austin Brown & Wood LLP<br />

Valentine Perry Snyder Fund<br />

Weil, Gotshal & Manges LLP<br />

* in kind support<br />

** in kind and financial support<br />

$15,000 – $24,999<br />

Davis Polk & Wardwell<br />

The Ford Foundation, Good Neighbor<br />

Committee<br />

GeneralCologne Re<br />

Greenberg Traurig LLP<br />

Hedge Funds Care<br />

Milbank, Tweed, Hadley & McCloy LLP<br />

Orrick, Herrington & Sutcliffe LLP<br />

The Scherman Foundation, <strong>Inc</strong>.<br />

Shearman & Sterling LLP<br />

Simpson Thacher & Bartlett LLP<br />

Skadden, Arps, Slate, Meagher & Flom LLP<br />

White & Case LLP<br />

$10,000 – $14,999<br />

AlixPartners<br />

Avon Products, <strong>Inc</strong>.<br />

Bernstein Litowitz Berger & Grossmann LLP<br />

Bloomberg<br />

Empire Blue Cross Blue Shield<br />

Fleet Specialist<br />

The Hyde and Watson Foundation<br />

Jeffries & Company, <strong>Inc</strong>.<br />

Jenner & Block, LLC<br />

The J.M. Kaplan Fund<br />

The J.P. Morgan Chase Foundation<br />

Kasowitz, Benson, Torres & Friedman LLP<br />

Kelley Drye & Warren<br />

King & Spalding<br />

Marsh & McLennan Companies<br />

Miller, Buckfire, Lewis & Co. LLC<br />

The New York Observer*<br />

New York Stock Exchange, <strong>Inc</strong>.<br />

The New York Women’s Foundation<br />

The Else Sackler Foundation<br />

Ernst C. Stiefel Foundation<br />

Stroock & Stroock & Lavan LLP<br />

Sullivan & Cromwell LLP<br />

United Way of New York City<br />

Whiteford, Taylor & Preston L.L.P.<br />

The Williams Capital Group, L.P.<br />

Young, Conaway, Stargatt & Taylor LLP<br />

$5,000 – $9,999<br />

Angelo, Gordon & Co.<br />

Bank of America, N.A.<br />

Cahill Gordon & Reindel LLP<br />

Chadbourne & Park LLP<br />

Harry Chapin Foundation<br />

Cleary, Gottlieb, Steen & Hamilton<br />

CourtAlert*<br />

Jean and Louis Dreyfus Foundation, <strong>Inc</strong>.<br />

ESPN The Magazine<br />

GMAC<br />

Greene-Levin-Snyder Legal Search Group<br />

Latham & Watkins<br />

Dorothea Leonhardt Fund, Communities<br />

Foundation of Texas<br />

Neal, Gerber & Eisenberg<br />

Oaktree Capital Management, LLC<br />

Edward & Ellen Roche Relief Foundation<br />

Seward & Kissel LLP<br />

Michael Tuch Foundation, <strong>Inc</strong>.<br />

United States Trust Company of New York<br />

$1,000 – $4,999<br />

Amerada Hess Corporation<br />

Covington & Burling<br />

Ernst & Young Corporate Finance<br />

Gibson Dunn & Crutcher LLP<br />

Kramer Levin Naftalis & Frankel LLP<br />

The Low Wood Fund, <strong>Inc</strong>.<br />

Mendes & Mount LLP<br />

Metzger-Price Fund, <strong>Inc</strong>.<br />

Mintz Levin Cohn Ferris Glovsky and<br />

Popeo PC<br />

Morgan, Lewis & Bockius LLP<br />

The Morrision & Foerster Foundation<br />

Nice Shoes*<br />

Sonnenschein, Nath & Rosenthal<br />

Vector Enterprises, <strong>Inc</strong>.<br />

Wachtell, Lipton, Rosen & Katz<br />

ARTALE<br />

GRAPHICS<br />

We would like to say a long over due thank you to Michael, Jeanne, Jerry and everyone at Artale Graphics. This wonderful family-owned printing firm has provided<br />

an incredible service to <strong>inMotion</strong> for over ten years. The Artale family routinely performs miracles. Whether meeting incredibly tight deadlines or finding ways for<br />

us to print stunning press pieces on shoestring budgets, they always manage to make the impossible possible. As far as we’re concerned, they are the ONLY<br />

printers in town!<br />

A D A Y A T T H E W A L K- IN CLINIC<br />

continued from page 6<br />

own. An intern in our Bronx office is contacting the Armed Forces. Once his<br />

address is known, we will be able to help Rosa petition for child support and<br />

file for divorce.<br />

Samantha came to the clinic to learn how to divorce her husband who<br />

abandoned her seven years ago. Samantha recently attempted to initiate a pro<br />

se (on her own) divorce action in Bronx Supreme Court, but has become<br />

frustrated and overwhelmed by the seemingly endless paperwork. She has twice<br />

tried to file her divorce papers with the Court, but they were rejected each<br />

time because they were not properly drafted. A kind-hearted court clerk in the<br />

Office for the Self Represented suggested <strong>that</strong> she ask <strong>inMotion</strong> for help and<br />

told her about our walk-in clinic. An <strong>inMotion</strong> volunteer reviewed Samantha’s<br />

legal documents and offered to redraft her papers so she could file them with<br />

the Court. But weary of trying to navigate the legal system on her own,<br />

Samantha decided <strong>that</strong> she would like to have an attorney help her. We have<br />

already placed Samantha’s case with a volunteer attorney.<br />

Since 1999, when we first opened a satellite office in the Bronx—the City’s<br />

poorest and most under-served borough—<strong>inMotion</strong> has made a focused and<br />

concentrated effort to reach women in their communities and through<br />

connections <strong>that</strong> are both safe and familiar. The 15 women who found their way<br />

to our new Bronx office on November 15th came to us through diverse referrals<br />

<strong>that</strong> are the result of our aggressive <strong>community</strong> outreach to legal and social<br />

services agencies, local health care centers and hospitals, shelters and<br />

<strong>community</strong> organizations. Our staff and clinic volunteers work hard to ensure<br />

<strong>that</strong> all women who visit the clinic obtain the essential legal information and<br />

protections they need to take charge of their lives and focus their energies on<br />

creating nurturing homes and positive futures for themselves and their children.<br />

We say a special thank you to Dave Tomlin, a long-time volunteer staff attorney<br />

from the Associated Press, Elizabeth Silverman, a volunteer from the<br />

Manhattan district attorney’s office, and Bronx interns Lauren Zimmer and<br />

Kristin Johnson for their tremendous help at our November clinic. We<br />

especially appreciated the dozens of homemade muffins <strong>that</strong> Lauren made to<br />

welcome our first clients to the new office!<br />

New clinic volunteers are always welcome. If you are interested in<br />

doing some pro bono work, we invite you donate a Saturday morning and join us<br />

at our next clinic. For more information contact Libby Vázquez at 718-562-8181.<br />

7


<strong>inMotion</strong>, <strong>Inc</strong>.<br />

70 West 36th Street, Suite 903<br />

New York, New York 10018<br />

Tel 212.695.3800<br />

Fax 212.695.9519<br />

Email inquiries@inmotiononline.org<br />

www.inmotiononline.org<br />

Since 1993, <strong>inMotion</strong> has helped thousands of women free<br />

themselves from abusive relationships, stay in their homes<br />

and win the financial support to which they—and their<br />

children—are legally entitled. Our mission is to make a<br />

real and lasting difference in the lives of women—lowincome,<br />

under-served, abused—by offering them legal<br />

and related services designed to foster equal access to<br />

justice and an empowered approach to life. We fulfill our<br />

mission by providing free legal services, primarily in the<br />

areas of matrimonial, family and immigration law, in a way<br />

<strong>that</strong> acknowledges mutual respect, encourages personal<br />

growth, and nurtures individual and collective strength.<br />

Informed by this work, <strong>inMotion</strong> promotes policies <strong>that</strong><br />

make our society more responsive to the legal issues<br />

confronting the women we serve.<br />

we need your support<br />

HELP US PROTECT NEW YORK CITY’ S MOST VULNERABLE FAMILIES FROM ABUSE<br />

Justice for All Women. In any language, a basic principal <strong>that</strong> most of us take for granted—but for the women<br />

and children served by <strong>inMotion</strong>, it is anything but basic.<br />

For 11 years, <strong>inMotion</strong> has provided free legal representation to battered women. We understand the critical needs of abused<br />

families and we know how to reach women within their communities, especially immigrant women who are uniquely isolated by<br />

language and cultural barriers. InMotion is one of the very few places in New York City <strong>that</strong> a woman without legal residency<br />

can turn to for help.<br />

InMotion needs your financial support.<br />

By making a donation to <strong>inMotion</strong>, you are helping<br />

to provide real and lasting legal remedies <strong>that</strong> can<br />

effectively end the cycles of abuse <strong>that</strong> have shaped<br />

so many of our clients’ lives. Help keep our doors<br />

open to the many thousands of women and children<br />

who will need crucial legal protections in the<br />

coming year.

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