Tag Archives: Domestic Violence survivors

Supporting Survivors of Domestic Violence, NYS Governor Hochul Calls for Record-Level State Investments, Changes in Discovery Law

New York State Governor Kathy Hochul’s executive budget includes funding to expand access to programs for domestic violence survivors and improve law enforcement response © Karen Rubin/news-photos-features.com

Governor’s Fiscal Year ’26 Executive Budget Includes Funding To Expand Access to Programs for Survivors and Improve Law Enforcement Response

Current Discovery Law Results in Delays and Automatic Dismissals That Adversely Affect Survivors of Domestic Violence

Following Enactment of Discovery Reform, There as Been a 94.3 Percent Increase in Dismissal of Cases Involving Domestic Violence in New York City and 49.1 Percent in Rest of State

Governor Kathy Hochul today convened a roundtable of survivors of domestic violence, advocates and local district attorneys to discuss New York State’s commitment and investments in combating domestic violence and supporting survivors. Governor Hochul proposed record-level funding in her Fiscal Year 2026 Executive Budget that will expand access to domestic violence prevention and sexual assault prevention programs, improve the medical and law enforcement response to intimate partner abuse and sexual violence, and better support survivors of domestic violence. To further support survivors — and deliver the justice they rightfully deserve — the Governor is pushing for essential changes to the state’s discovery process that will ensure their abusers are held accountable to the fullest extent of the law.

“Combating domestic violence is personal to me — and for the entirety of my career in public service, I’ve prioritized policies that protect survivors and improve law enforcement response to these crimes,” Governor Hochul said. “While crime is going down across New York, crimes related to domestic violence remain stagnant. To address this issue and ensure the safety of all New Yorkers, we need to continue funding the programs that protect victims and survivors, and streamline discovery laws to hold individuals who cause harm accountable for their actions.”

Office for the Prevention of Domestic Violence Executive Director Kelli Nicholas Owens said, “Not all victims and survivors choose to seek a law enforcement or criminal response to the abuse or violence they have endured, and that is okay. If they do decide to seek a criminal justice route to hold their offender accountable, they deserve to be met with a system that understands their individual needs and works in a way that is truly survivor-centered, trauma-informed and culturally responsive. A system that does not put the needs of the survivor first is a system that may cause further trauma and harm to the survivor and their family. Thank you, Governor Hochul, for your investments in victim and survivor well-being, and for inviting survivors to be a part of this important conversation.”

Proposed Changes to the State’s Discovery Law

The state’s current discovery statute details specific timelines for pretrial disclosure of information and evidence by prosecutors to the defense. Discovery reforms enacted January 1, 2020 made essential changes that allowed individuals accused of crimes to receive information and evidence earlier in the pretrial process to ensure a better understanding of the charges. The reforms, however, had unintended consequences resulting in procedural delays and dismissals that adversely affected victims and survivors of domestic violence and other crimes.

Since reforms were enacted in 2020, dismissed cases involving domestic violence rose nearly 15 percent in New York City. In 2023, 94.3 percent of cases were dismissed in New York City, and 49.1 percent were dismissed outside of New York City.

As a result, Governor Hochul proposed essential changes to New York State’s Discovery Law in the Budget. The tweaks would ensure procedural fairness, shorten case processing times, reduce the length of pretrial incarceration, and safeguard sensitive and personal information belonging to witnesses. These changes include:

  • Expanding the scope of automatic redaction to include sensitive details, such as witnesses’ physical addresses and personal data unrelated to the case, eliminating the need to engage in lengthy litigation to redact such material.
  • Removing the incentive to delay bringing a challenge in a manner that can result in technical dismissals unrelated to the merits of the case or the legality of the investigation.
  • Ensuring that cases are not dismissed if discovery compliance falls short of perfection.
  • Clarifying that prosecutors are not required to track down information that is by definition irrelevant.

The proposals align with Governor Hochul’s sustained investments in programs and initiatives that have allowed law enforcement agencies and community-based organizations address the causes and consequences of crime, and drive gun violence to record lows.

“I want to thank Governor Hochul, advocates, service providers and district attorneys for their steadfast commitment to protecting victims of crime,” Office of Victim Services Director Bea Hanson said. “These adjustments to discovery laws will ensure that any penalties are proportional to the violation, improving fairness in the justice system for domestic violence survivors and all who are victims of crime, while maintaining the rights of the accused. We at OVS are proud to work with OPDV and our sister agencies to improve public safety for all New Yorkers.”

Division of Criminal Justice Services Commissioner Rossana Rosado said,“At DCJS, we are proud of our work to advance the fairness and efficiency of the criminal justice system and our efforts to help keep New Yorkers safe. Using unprecedented investments secured by Governor Hochul, our law enforcement and community partners have made significant progress in the fight against violent crime. At the same time, it is critical that we continue our efforts to target, prevent and reduce intimate partner and domestic violence. I am grateful for Governor Hochul’s unparalleled leadership to improve safety for victims and survivors as shown by her record-setting investments, initiatives, and reforms proposed in the Executive Budget.”

“Again, we’ll always make sure that defendants get all the rights they’re entitled to under our system,” Governor Hochul stated. “It’s a founding premise of our democracy and our constitution. We believe in that. But why not have people stand up for the victims as well? That’s all we’re trying to do here. And the choice between fair and speedy trials, which are important objectives, but also letting dangerous abusers off the hook is a false choice. That is what is being portrayed here. We can and must do both. And I will simply harken back to the 2019 reforms. We did not make those historic changes in order to let abusers walk free. But that, my friends, is exactly what is happening.

“So, we have legislation that specifically when it comes to victims of domestic violence, expanding the scope of automatic redaction, changing the timing requirements, but also misunderstanding, these are human beings. These are people whose cries for help have led them out of their home into a public space subjected to ridicule and abuse from the abuser, even in a courtroom. But when they’re willing to do that and we turn our backs on them, we must look at ourselves and say, “Is this a society we want to have to continue here in the State of New York?” I say, no. And that’s why I’m fighting hard, fighting very hard to make these necessary changes.”

Resources for Public Safety in the Budget

In addition to reductions in gun violence, the number of homicides decreased 15 percent statewide from 2022 to 2023 — 791 down to 670 — which is shown through the latest data available. Domestic homicides, however, increased by 7 percent (126 vs. 135), and the 135 homicides in 2023 represented 20 percent of all homicides. In 2020 and 2021, domestic homicides represented 14 percent of total homicides reported statewide. Police departments and sheriffs’ offices outside of New York City collectively reported a 7 percent increase in the number of victims of intimate partner violence in 2023 compared to 2022 — from 33,684 to 35,947. New York City also saw a 7 percent increase in the number of victims of intimate partner violence — 29,372 compared to 27,527 — during the same time.

Governor Hochul’s proposed Budget also includes record-level funding to improve services and increase access to programs that support victims and survivors, including:

  • $379.5 million over three years to support crime victim services statewide: Victim assistance programs provide counseling, support groups, criminal justice advocacy, civil legal services, and assistance with filing for crime victim compensation, among other help. That amount includes $100 million in state funding annually for the next three years, allocated by Governor Hochul to offset any reductions in federal funds.
  • Nearly $41 million to improve the public safety response to intimate partner abuse and domestic violence, and better address the needs of victims and survivors: $5 million divided among the five New York City District Attorneys’ Offices; $23 million for law enforcement and services providers in 20 counties outside of the five boroughs; up to $7 million for the State to provide training and technical assistance, risk assessment tools, and investigative support to participating agencies and improve the domestic violence reduction efforts of state agencies; and an additional $5 million in the Budget to help police agencies and prosecutor’s offices adopt evidence-based enforcement, investigation, and prosecution strategies.
  • $12.8 million — double the current funding — for the New York State Department of Health’s certified rape crisis programs that ensure advocates are available by phone or in-person to provide information, emotional support and other services: The Budget also would require all hospitals to provide access to medical professionals specifically trained to perform forensic sexual assault exams; increase reimbursements to medical providers for those exams; and provide a full course of preventive treatment for HIV exposure to all survivors of sexual assault, not just those younger than 18.

Trump’s “Justice” Department Looks to Restore Gun Rights to Abusers

In contrast to the actions New York State is taking to protect victims of domestic violence, Trump’s Department of Justice is working feverishly to restore gun rights domestic abusers.

An AI review of Everytown for Gun Safety, the National Domestic Violence hotline and others reports:

In the U.S., firearms are used in a significant portion of intimate partner homicides, with women being the victims in over three in four such cases. More than 750 women are killed by intimate partners with a firearm each year, and guns are used in more than three in five of all intimate partner homicides. 

Here’s a more detailed breakdown:

  • Frequency of Intimate Partner Homicides with Firearms:
    • Every 12 hours, someone is shot and killed by an intimate partner. 
    • ·         More than 750 women are killed in firearm-related intimate partner homicides each year. 
    • ·         On average, 76 women are shot and killed by an intimate partner every month. 
    • ·         More than seven in 10 intimate partner homicides in the United States are committed with a gun. 
    • ·         Firearms are used in over 50% of intimate partner homicides. 

Impact on Women:

  • Women are the victims in more than three in four intimate partner homicides with a gun. 
    • ·         Women are 28 times more likely to be killed with a gun than women in other high-income countries. 

Other Relevant Statistics:

  • Over 48,000 people died by firearms in the United States in 2022. 
    • ·         In 2022, 19,651 people died by firearm homicide. 
    • ·         The presence of a firearm in a domestic violence situation increases the likelihood of homicide by 500%. 
    • ·         In 2021, there was a 28% increase in intimate partner homicides involving firearms from 2019, according to Brady United

NYS Advances Domestic Violence Task Force Recommendations to Overhaul, reimagine System to Empower Survivors In Light of Covid-19 Challenges

Secretary to the Governor Melissa DeRosa has issued a report to Governor Cuomo outlining the COVID-19 Domestic Violence Task Force’s initial recommendations to reimagine New York’s approach to services for domestic violence survivors. © Karen Rubin/news-photos-features.com

Secretary to the Governor Melissa DeRosa has issued a report to Governor Cuomo outlining the COVID-19 Domestic Violence Task Force’s initial recommendations to reimagine New York’s approach to services for domestic violence survivors. Governor Cuomo has accepted these recommendations in full and is directing the Office for the Prevention of Domestic Violence, along with other sister agencies of the Office of Children and Family Services, the Office of Temporary and Disability Assistance, the Office of Victim Services, the Division of Criminal Justice Services and the Department of Health, to use these recommendations to update and improve domestic violence services in New York State.

The recommendations identified by the Task Force recognize that the needs of domestic violence survivors vary greatly and there are different tools needed to allow each survivor maximum control over their situation including: mobile advocacy, flexible funding and housing choice. The recommendations offered by the Task Force are ready to be quickly implemented, cutting red tape and prioritizing cultural competency to better meet survivors where they are, give them what they need and set a foundation for continued innovation. The Task Force’s full report is available here.

“The COVID-19 pandemic has led to a drastic increase in the number of reported domestic violence cases in the state, leaving many survivors trapped at home with their abusers without access to help or resources,” Governor Cuomo said. “New York has been working to modernize our systems and the way we deliver services to survivors, and the recommendations made by the task force will help address this alarming spike in domestic violence incidents while building our systems and processes back better than they were before. I thank all the task force members for their work on this issue and for their dedication to ending domestic and gender based violence.”

“Domestic violence has been a pervasive problem in our society, and the COVID-19 pandemic has only exacerbated the situation and exposed the limitations of our traditional systems and methods,” Melissa DeRosa, Secretary to the Governor and Chair of the New York State Council on Women and Girls, said.”Since the uptick in domestic violence incidents during the pandemic, New York has taken aggressive actions to find new and innovative solutions to safely reach domestic violence survivors and provide critical, life-saving services. These recommendations build on our efforts and will help to transform and reimagine the way we provide services by giving survivors of domestic violence choice in their future and control of their decisions.”

 Recommendation One: Using New Technologies to Reach More Survivors

The Task Force recommends that the Governor direct the Office for the Prevention of Domestic Violence to partner with national technical assistance providers to enhance knowledge around the use of technology to reach more survivors, including those in traditionally underserved populations and young people who may be impacted by intimate partner violence. 

The Task Force also recommends that state agencies support programs in purchasing mobile devices and supporting technological infrastructure with federal funding related to the pandemic.

The Task Force also recommends that OPDV permanently incorporate a chat and text component into the functionality of the NYS Domestic and Sexual Violence Hotline.

Recommendation Two: Providing Flexible Funding to Meet the Diverse Needs of Survivors

The Task Force recommends that state agencies provide funding for local programs that can be used to support survivors’ safety, housing stability, transportation or other needs. In tandem with the mobile advocacy strategy, the state should allow programs to use funds to conduct community-based mobile advocacy, with an emphasis on housing stability, economic empowerment, and safety planning, to enable survivors to remain safe and stably housed in the community, if possible. Support provided by local programs should have more flexible parameters, should meet survivors’ needs as quickly as possible and should be available until the survivor feels safe. Further, the state should continue its commitment to partnering with the philanthropic and advocacy community, collaborating to leverage support, fill in the gaps where existing funds fall short and foster further innovation.

Recommendation Three: Providing More Housing Navigation Services

The Task Force recommends that state agencies connect providers to diverse housing-related funding streams to support a housing navigator system. Navigators will work with survivors to help them access available resources and support for housing beyond shelter and work with domestic violence advocates to help them better understand and assist with their clients’ needs around housing.

Additionally, domestic violence programs should designate a portion of one staff member’s salary to be used for housing navigation services, and community-based resources should incorporate this information into their resource database in order to fully support those victims. The role of the housing navigator would be to “bridge the gap” between domestic violence services and housing providers in order to ensure that the housing needs of domestic violence survivors are met.

Recommendation Four: Removing the Requirement that Domestic Violence Victims File a Police Report in Order to Access Victims of Crime Act Funding

The Task Force recommends that the Governor issue an executive order to remove the requirement that domestic violence victims file a police report in order to access the Victims of Crime Act funding. Many domestic violence survivors may be unable or unwilling to file a police report against their abuser, and expanding access to this funding while the state of emergency remains in effect will allow survivors to navigate the COVID-19 crisis with crucial financial support to seek safety.

Recommendation Five: Addressing the Needs of Black, Indigenous and People of Color Survivors of Gender-Based Violence

The Task Force recommends that the Council on Women and Girls establish a standing committee to prioritize and coordinate the creation of culturally competent service delivery designed to address the needs of Black, Indigenous and People of Color (BIPOC) survivors of gender-based violence. The committee will operate under a shared understanding of the impact of systemic racism on BIPOC survivors, and apply an intersectional lens to also consider sexuality, gender identity, age, disability, immigration status, and other identities and experiences in its work. The committee should meet bi-monthly to create an action plan for implementing these elements of service delivery across agencies, including comprehensive prevention strategies, improved language access and culturally competent outreach.

The Task Force also recommends that the state launch a paid and earned media campaign to promote prevention in a culturally competent way and reach specific populations across New York State.

Recommendation Six: Normalizing Domestic Violence Screening During Tele-Health Visits

The Task Force recommends that the Governor direct OPDV and the Department of Health to create guidelines for best practices in identifying and responding to intimate partner violence via tele-health. DOH and the Department of Financial Services should explore the rapid deployment of Medicaid (and commercial) payment mechanisms for intimate partner violence screening and response through telehealth, and OPDV should develop and provide training, technical assistance and appropriate literature to healthcare providers to encourage safe screening for domestic violence and appropriate responses when domestic violence is suspected or identified during tele-health visits.

Recommendation Seven: Coordinating a Program to Promote the Need for Representation of Immigrant Victims

The Task Force recommends that the Governor direct OPDV to coordinate a program with the New York State Bar Association and other bar associations and legal services providers to facilitate training and promote the need for representation of immigrant victims by large law firms through their pro bono programs.

Recommendation Eight: Launching a Public Awareness Campaign to Highlight Financial Abuse

The Task Force recommends that OPDV expands the functions of its existing text and chat line to serve as a conduit to address the various forms of financial abuse experienced by domestic violence survivors.

The Task Force also recommends the establishment of a pilot project with local domestic service providers to identify victims whose credit has been ruined as a result of their abuse and work to repair and rebuild their financial standing.

Recommendation Nine: Launching a New Prevention Initiative Specifically Directed at Educating Men About Domestic Violence

The Task Force recommends that OPDV exercises its oversight authority for abusive partner interventions programs in New York State and directs it to launch a new prevention initiative specifically directed at men, emphasizing the connection between domestic violence and harm to children.

Recommendation Ten: Setting the Stage for Future Progress

The recommendations offered in this report represent just a small fraction of the many ideas and best practices offered by the members of the Task Force over the course of their work. Among the long-term strategies to be further explored are policies around court innovation, ways to address the connection between child abuse and domestic violence, robust prevention programs, and more comprehensive data collection practices. While the Task Force will no longer formally convene, its members have generously offered to continue serving as resources for the state as it develops these long-term plans.

About the New York State COVID-19 Domestic Violence Task Force

In the first few months of the COVID-19 pandemic, data reported by law enforcement and domestic violence service providers pointed to an increase in domestic violence, with the New York State Domestic & Sexual Violence Hotline recording a 33 percent increase in calls for April 2020 compared to April 2019, and shelter occupancy rates upstate rising to 78 percent in April 2020, versus 59 percent in April 2019.

Since the pandemic began and the NYS PAUSE order went into effect, the state’s Office for the Prevention of Domestic Violence and all relevant state agencies have been working diligently to reach domestic violence survivors and connect them with information about services and support. OPDV also implemented a new, confidential text line and chat program for survivors across the state. The creation of the Task Force built on that work, convening 27 experienced and knowledgeable advocates, service providers and thought leaders from across the country to meet virtually, share their expertise and create written proposals.

Members of the COVID-19 Domestic Violence Task Force include:

  • Scott Berkowitz – Founder and President, Rape, Abuse and Incest National Network (RAINN)
  • Alejandra Y. Castillo, Esq. – CEO, YWCA USA
  • Karma Cottman – Executive Director, Ujima, Inc: The National Center on Violence Against Women in the Black Community
  • Nathaniel M. Fields – President and CEO, Urban Resource Institute (URI)
  • Ruth M. Glenn – President and CEO, National Coalition Against Domestic Violence (NCADV)
  • Peg Hacskaylo – Founder and CEO, National Alliance for Safe Housing (NASH)
  • Jim Henderson – Probation and Domestic Violence Expert, Battered Women’s Justice Project
  • Grace Huang, JD – Policy Director, Asian Pacific Institute on Gender-Based Violence
  • Tandra R. LaGrone – Executive Director, In Our Own Voices
  • Cindi Leive – Senior Fellow, USC-Annenberg School of Journalism and Communications
  • Tonya Lovelace, MA – CEO, Women of Color Network Inc (WOCN)
  • David Mandel – Executive Director, Safe & Together Institute
  • Karol V. Mason – President, John Jay College of Criminal Justice
  • Joan S. Meier – Professor of Law, George Washington University Law School and Director, National Family Violence Law Center at GW
  • Connie Neal – Executive Director, New York State Coalition Against Domestic Violence (NYSCADV)
  • Ana L. Oliveira – President and CEO, The New York Women’s Foundation
  • Leslye Orloff – Director, National Immigrant Women’s Advocacy Project at American University Washington College of Law
  • Farzana Safiullah – CEO, National Resource Center on Domestic Violence (NRCDV)
  • Lynn Hecht Schafran, JD – Legal Director and Director, National Judicial Education Program at Legal Momentum, The Women’s Legal Defense and Education Fund
  • Lucy Rain Simpson – Executive Director, National Indigenous Women’s Resource Center (NIWRC)
  • Joe Torre – Co-Founder and Chairman, The Safe at Home Foundation and Special Advisor to Major League Baseball (MLB)
  • Patricia Tototzintle – CEO, Casa de Esperanza/National Latin@ Network for Healthy Families and Community
  • Deborah D. Tucker, MPA – President, National Center on Domestic & Sexual Violence (NCDSV)
  • Deborah J. Vagins – President and CEO, National Network to End Domestic Violence (NNEDV)
  • Troy Vincent – Executive Vice President of Football Operations, NFL and National Advocate to End Domestic Violence
  • Carole Warshaw, M.D. – Director, National Center on Domestic Violence, Trauma & Mental Health
  • Joanne Zannoni – Executive Director, New York State Coalition Against Sexual Assault (NYSCASA)