New York Divorce and Family Law: Violance Against Women Act

The Justice Department has decided that the criminal provisions in the Violence Against Women act should be enforced in cases involving gay and lesbian relationships.

The Violence Against Women Act was first passed by Congress in 1994. Its provisions made it a federal crime to cross state lines with the intent of committing domestic violence, stalking, or violating a protection order. The government’s application of laws to gay and lesbian relationships has been a matter of great contention. The Defense of Marriage Act, a 1996 law, required the federal government to define terms like “marriage” and “spouse” as legal categories that can only be understood as a union between one man and one woman.

Since the Violence Against Women Act includes terms not covered by the Defense of Marriage Act, like “dating partner” and “intimate partner”, and since the provisions of the Act make clear it applies to conduct against male, as well as female, victims, it has been determined that the text of the Act is gender-neutral.

The expansion of the Violence Against Women Act, like the amendment to Article 8 of the Family Court Act in New York which extended the ability of an individual to obtain an Order of Protection against any individual they have been in an intimate relationship with regardless of whether such persons have lived together at any time, is a step towards equality and recognizing that same-sex couples are subject to the same issues facing other committed couples, such as domestic violence.

If you are seeking more information about Family Offense Proceedings or any other Family Court preceding in New York you may go to:
http://www.nycbar.org/pdf/famguide_ms.pdf

Until Next Time,

Helen M. Dukhan, Esq., LL.M. @ www.dukhanlaw.com