The Act of Leaving
The amount of attempts it takes, on average, for a victim of abuse to leave their abuser.
What is 7?
The standards courts utilize when determining custody arrangements between divorced spouses.
What is the best interests of the child?
This statute requires police officers to arrest a person when an officer has reasonable cause to believe a felony has been committed against a member of the same household or a misdemeanor constituting a family offense.
What are mandatory arrest statutes?
Length of time a permanent or final order of protection lasts
What is between 1 and 5 years after final adjudication?
The leading cause of domestic violence and abuse.
What is the abuser's desire to control and dominate their victim.
The most dangerous time for a victim of abuse, accounting for ~77% of all domestic violence related homicides.
What is during or shortly after separation?
The potential consequences for violating an order of protection.
What are incarceration and penalty fees?
Percent of women in prison who have been victims of domestic violence.
What is 40%?
The burden of proof for a order of protection in family court
What is the preponderance of the evidence?
This syndrome is broken down into the acute phase, the outward adjustment phase, and the resolution phase.
What is rape trauma syndrome?
An aggravating factor of separation abuse.
What is asking for help, the victim's pregnancy status, or the abuser's employment status?
Types of torts you can sue your spouse for.
What is any tort?
This act allows people convicted of crimes to apply for resentencing under the understanding they only committed the crimes they did due to being in an abusive relationship at the time of their offense.
What is the Domestic Violence Survivors Justice Act, or the DVSJA?
Type of order of protection solely designed to keep firearms away from extreme risks
What is an Extreme Risk Protection Order, or ERPO?
A type of offense (such as assault, harassment, intimidation, or sexual misconduct) committed between members of the same household.
What is a family offense? ((N.Y. Fam. Ct. Act § 812 (McKinney))
This is a type of abuse or violence which continues even after a survivor has left their abuser.
What is separation abuse?
Things you can request of the court to require of the respondent in an order of protection.
What is no contact, move out of the petitioner's home, follow custody orders, or pay child support?
A provision in the federal code enacted in 1996 which prohibits anyone convicted of a misdemeanor crime of domestic violence from owning or possessing a firearm or ammunition.
What is the Lautenberg Amendment?
Special type of petition which may grant an order of protection, probation, and/or educational classes for family offenses
What is a Family Offense Petition?
If granted, how long a temporary order of protection will last.
What is until the petitioner's next court date (relevant to the order)?
Things less common than abuse during pregnancy.
What are gestational diabetes or preeclampsia?
This case created the precedent that divorced spouses are not barred under res judicata from suing the former spouse in tort.
What is Xiao Yang Chen v. Ian Ira Fischer?
One of the elements of misdemeanor crime of domestic violence.
What is any misdemeanor which has as an element "the use or attempted use of physical force, or the threatened use of a deadly weapon" or the perpetrator must have a special relationship with the victim?
Two places where you can petition for an order of protection.
What is family court, criminal court, supreme court, or integrated domestic violence court?
Expert testimony on these matters may only be admitted to explain victims' behaviors after experiencing domestic violence, not that any offense actually occurred.
What are Rape Trauma Syndrome and Abused Person Syndrome?