BILL NUMBER: S6845

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the domestic relations law, in relation to awards of
attorney's fees in matrimonial actions for persons convicted of certain
offenses

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that domestic violence victims are protected from having to
pay their abusers, through adding certain restrictions on the process of
awarding the payment of legal fees in divorce cases.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 237 of the Domestic Relations Law by adding a
new Subdivision E to establish that parties convicted of domestic
violence, in New York State or another jurisdiction, are not extended
the opportunity to be awarded the payment of attorney's feed with the
              

parties that they have been convicted of domestic violence against.
Domestic violence is constituted in several offenses and attempts to
commit offenses under New York State statute, like assault, menacing,
strangulation, unlawful imprisonment, coercion, criminal tampering,
criminal contempt, aggravated harassment, criminal trespass, and arson.

Section 2 provides an effective date of 120 days after enactment and
that the law applies to all matrimonial actions after the effective
date. This legislation shall not be construed to affect certain
provisions of the Domestic Relations Law and the Family Court Act before
   
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

Currently, under New York State law, there is no protection for domestic
violence  victims that divorce their spouses, who have been convicted of
domestic violence and supplemental charges, from being forced to pay the
legal fees of their abuser. Also, there are no federal  guidelines  that
advise the court systems on how domestic violence cases should influence
settlements  in  divorce  cases. This absence of law has led to numerous
cases where victims of domestic  violence  are  re-traumatized  and  are
forced  to  compensate  their  abusers,  because of their income and the
burden that legal fees may place on the abuser's finances. An example of
this heinous loophole in New York  State  is  Theresa  Havell,  who  was
ordered to pay $215,000 to the defense attorneys for her ex-husband, who
pleaded  guilty  to  assault  after he beat her with a steel barbell and
told one of their daughters, "I've killed Mom", in 2000. Cases like this
are unacceptable.

This legislation would ban courts from awarding the  payment  of  attor-
ney's  fees  if the spouse that would receive this award is convicted of
domestic violence and supplemental charges against the other  person  in
the  relationship.  It  would ensure that the impact that abuse has on a
relationship and the award of divorce proceedings  are  not  subject  to
unreliable  and  inconsistent interpretations by the courts. This legis-
lation will prevent unnecessary trauma and  allow  for  the  healing  of
domestic violence victims.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law  and  shall  apply  to  actions commenced on or after such effective
date.