Wronged wife syndrome According to statistics in the United States each year two million women are victims of violence and abuse. Most often find themselves in the position of the victim's wife, immigrant, who, for obvious reasons, are dependent on their husbands. The most important thing that we are afraid of women - is losing the right to a Green Card. After all, according to the law, they think, to sign all petitions must husband a U.S. citizen. For this and are sustained insults and sometimes beatings. Meanwhile, the U.S. immigration law makes an exception for those who are bullied at home, threatening to suppress the moral and / or physically. About it - Comment known immigration lawyer Alexander Bibicheva.
- What is the point of view of the law is considered spousal abuse and how to prove it?
- Examples of illegal behavior spouse is sexual harassment, isolation from society, the prohibition of communication with friends or relatives, a complete financial control, threats of deportation, unizhanie human dignity, physical violence and other forms of psychological pressure. Citizenship and Immigration Services (IGS) shall take into consideration any reliable evidence to support the women and children who have experienced similar treatment. SIG pays special attention to the written testimony:
- Police, judges and other officials from law enforcement agencies;
- Medical staff;
- Teachers, school staff;
- Neighbors, friends and relatives;
- Clergy and
- Social workers.
Sometimes the affected spouse and their children can produce photos with traces of violence, torn clothing, slomannyx things. In short, everything that directly or indirectly proves the position of the victim.
Where to go if the situation in the family threatens the physical or mental health of his wife and her children?
There is such a thing as a wronged wife syndrome. Its symptoms are well known: depression or over-excitement, low self-esteem, depressed, pessimistic, bruising or violence on the body. If a woman is in a similar condition, the cause of which is to abuse in the family, you can call the hotline at 1-800-799-7233. If the situation is threatening the family, it is best to contact the police. On the protection of the rights of the offended spouse is also a family court.
Many people mistakenly think that the rules of American law protect only the interests of the citizens of this country. This is not the case. The laws of the United States are also to protect the rights of supugov, regardless of their status, if they are victims of domestic violence. Apply for legal aid to an immigration lawyer, you can get detailed information on how foreign wife, with whom gesture accessed husbands U.S. citizens or people with green cards can be legalized in the United States, by submitting samopetitsiyu.
Who can file a separate petition?
Take advantage of the privilege of filing an independent immigration petition for a green card can:
Spouses, abused, who are married to a citizen or lawful permanent resident of the United States. Husband, had not been ill-treated, may also file a petition if his / her child was ill-treated. Unmarried children under 21 years are included in the parent application.
Parents may file a separate petition if they are abused by their adult child (over 21 years), is a citizen of the United States. Children who are unmarried and under 21 years old, who had been abused parent - a citizen or permanent resident of the United States.
By what criteria to evaluate an application immigration, immigrant spouses?
According to the instructions of GIS, spouses serving independent petition must comply with the requirements of the following items:
- Is legally married to a citizen or resident of the United States, which is your abuser or be no more than two years in a divorce, the cause of which was the ill-treatment;
- Being abused or mistreated in the United States, except in cases where a spouse-American citizen performs professional duties on behalf of the government outside the country;
- Be of good moral character;
- Married to a family, not only pursuing immigration purposes.
I want to prevent another mistaken belief that the right to file samopetitsii are only women. Men Injured in a marriage can get a Green Card and legalized in the U.S. if their wives treat them rudely, cruel and humiliating their manhood.
If you have experienced domestic violence - do not wait, come to our office and you will always find protection in the face of skilled lawyers who can help you become legal in the U.S.
воскресенье, 7 июля 2013 г.
Marriage proposal gives the right to a visa "K-1"
Marriage proposal gives the right to a visa "K-1" If a citizen of the United States wants to tie its fate to a man living in a foreign country, their feelings for each other can overcome not only the distance, but also immigration barriers. And a lot of them on the way foreigners wishing to come to the United States. At a moment when the fate of your own happiness, you will of course need not only to competent counsel, but the real help that would speed up the long-awaited meeting.
Your fiancé still live abroad? Then the experience and professionalism of the members of the American Immigration Lawyers Association Alexander Bibicheva can be invaluable to you.
Is it difficult to get a visa "K-1"?
- First Americans dared to marry a foreigner, had to choose one of two things - either to go and marry his bride in her home country, or to invite the bride as a guest, and then marry her. Prospective brides had to mislead the American Embassy, proving that they have no intention of immigration, if only to enter the U.S. on a tourist visa. Similar to the case with the suitors. But after 1970 there was an easy and legal way to weddings cause his chosen or elected representative in the U.S. on a visa "K-1". Petitioners "K-1" visas can honestly state their intentions to marry, come to the U.S. and after the marriage to get permanent resident status in the United States.
What are the requirements for candidates for the "K-1" visa?
To obtain a visa "K-1" must meet three basic requirements:
• Potential spouses must certify that he personally met in the two years preceding the filing of the petition (in some cases it may be an exception);
• Their intention to marry must be honest;
• They should have a legal right and free will to marry within 90 days of arrival in the U.S.;
What if a potential spouse to meet personally and failed?
Initially, the rules of the visa "K-1", this requirement was not. It was added in 1986, to prevent the occurrence of sham marriages. However, under certain circumstances, this rule may be exempted. For example, a trip to a U.S. citizen in the country of residence of bride carries a risk, or put him in a very difficult position, or personal meetings before marriage contrary to the national traditions.
If "K-1" petition submitted refusal motivated by the fact that the bride and groom have not met in person, and did not prove the impossibility of this, they can file a new petition. Of course, it makes sense to apply only after a personal meeting held them. In this case, the first refusal will not affect the outcome of re-applying for the visa.
What evidence should be provided to the immigration office when applying for a visa "K-1"?
Copies of all boarding passes for air or train, hotel bills, stamps in my passport. Are a good indication of sharing photos. Copies of phone bills from long-distance calls, letters, including correspondence by e-mail, the receipt of money sent, gifts.
What is important to know for those who got a visa "K-1"?
If the applicant for this visa will successfully pass the interview, he, along with the visa will be given a sealed envelope, which must provide the immigration officer when entering the United States. There are times when people are out of curiosity open these envelopes, which absolutely can not do.
"K-1" visa allows a foreign national to enter the country for 90 days. The visa can not be extended, so during this period, or the marriage ceremony to be held, or an alien must leave the United States.
And if the marriage takes place, when you can apply for a Green Card?
Immediately after the marriage. If the foreign spouse wants to receive the document on the right to work, then pull the legalization of status is not necessary. And if in the circumstances the owner of "K-1" visa can not enter the United States as soon as he gets a visa, how long it will be?
The visa is valid for 6 months. But it is important to remember that it does not give the right to travel to the United States, to freely enter and leave the country. It entitles only one entry into the United States, and only for the purpose of marriage.
And what if the intentions of potential spouses will change, but the bride-foreigner finds himself another fiance, also a U.S. citizen?
Then you'll have to leave the country and a new contender for her hand would have to file another petition to the "K-1" visa for her. Everything said about a foreign brides in the same measure applies to grooms.
Your fiancé still live abroad? Then the experience and professionalism of the members of the American Immigration Lawyers Association Alexander Bibicheva can be invaluable to you.
Is it difficult to get a visa "K-1"?
- First Americans dared to marry a foreigner, had to choose one of two things - either to go and marry his bride in her home country, or to invite the bride as a guest, and then marry her. Prospective brides had to mislead the American Embassy, proving that they have no intention of immigration, if only to enter the U.S. on a tourist visa. Similar to the case with the suitors. But after 1970 there was an easy and legal way to weddings cause his chosen or elected representative in the U.S. on a visa "K-1". Petitioners "K-1" visas can honestly state their intentions to marry, come to the U.S. and after the marriage to get permanent resident status in the United States.
What are the requirements for candidates for the "K-1" visa?
To obtain a visa "K-1" must meet three basic requirements:
• Potential spouses must certify that he personally met in the two years preceding the filing of the petition (in some cases it may be an exception);
• Their intention to marry must be honest;
• They should have a legal right and free will to marry within 90 days of arrival in the U.S.;
What if a potential spouse to meet personally and failed?
Initially, the rules of the visa "K-1", this requirement was not. It was added in 1986, to prevent the occurrence of sham marriages. However, under certain circumstances, this rule may be exempted. For example, a trip to a U.S. citizen in the country of residence of bride carries a risk, or put him in a very difficult position, or personal meetings before marriage contrary to the national traditions.
If "K-1" petition submitted refusal motivated by the fact that the bride and groom have not met in person, and did not prove the impossibility of this, they can file a new petition. Of course, it makes sense to apply only after a personal meeting held them. In this case, the first refusal will not affect the outcome of re-applying for the visa.
What evidence should be provided to the immigration office when applying for a visa "K-1"?
Copies of all boarding passes for air or train, hotel bills, stamps in my passport. Are a good indication of sharing photos. Copies of phone bills from long-distance calls, letters, including correspondence by e-mail, the receipt of money sent, gifts.
What is important to know for those who got a visa "K-1"?
If the applicant for this visa will successfully pass the interview, he, along with the visa will be given a sealed envelope, which must provide the immigration officer when entering the United States. There are times when people are out of curiosity open these envelopes, which absolutely can not do.
"K-1" visa allows a foreign national to enter the country for 90 days. The visa can not be extended, so during this period, or the marriage ceremony to be held, or an alien must leave the United States.
And if the marriage takes place, when you can apply for a Green Card?
Immediately after the marriage. If the foreign spouse wants to receive the document on the right to work, then pull the legalization of status is not necessary. And if in the circumstances the owner of "K-1" visa can not enter the United States as soon as he gets a visa, how long it will be?
The visa is valid for 6 months. But it is important to remember that it does not give the right to travel to the United States, to freely enter and leave the country. It entitles only one entry into the United States, and only for the purpose of marriage.
And what if the intentions of potential spouses will change, but the bride-foreigner finds himself another fiance, also a U.S. citizen?
Then you'll have to leave the country and a new contender for her hand would have to file another petition to the "K-1" visa for her. Everything said about a foreign brides in the same measure applies to grooms.
Premarital contracts
Premarital contracts .....
In anticipation of Valentine's Day, many couples are thinking whether they should tie the bonds of marriage. It is clear that the happy couple least want to think about such mundane and unromantic things. In fact, in the pre-marital contract can take a look from another angle. The marriage contract - is not a sign of self-serving attitude of distrust or spouses. On the contrary, having discussed the estate side of the marriage during a strong relationship, a husband and wife to each other save ourselves from unpleasant surprises in the event of a threat of family breakdown.
If your union will crack, you can focus on solving psychological problems and saving the relationship, not worrying about who gets the apartment or the like will be divided your joint accounts. You can either risk having earned over the years, or spend 2-3 hours at the conclusion of premarital contract. In this article, we will attempt to answer the most frequently asked questions from our customers.
What is a prenuptial agreement?
The agreement of the persons entering into a marriage determines property rights and responsibilities of spouses in a marriage, and (or) in the case of divorce.
Why do I need a prenuptial contract if I'm not home and I do not earn a lot?
You do not have to be Donald Trampop or Tiger Woods to enter into such a contract. In contrast, pre-marital contract protects you from unexpected judgments in divorce. We encourage our customers to have an agreement if one or both future spouses had their own businesses, premarital property valued character and they want to retain the property in case of divorce. As your circumstances may change and you can find high-paying job, buy a house, or win the lottery. Also premarital konrakt is a chance to keep a friendly relationship after the dissolution of the union.
What you can not specify a premarital contract?
The courts do not approve those parts of the agreements which specify the nature of the intangible aspects such as who will take out the garbage, or where the work will be a husband or wife. Nor should stipulate the rights of children, the conditions of their material support or custody in divorce cases. Interests of third parties can not be included in kotrakt.
When premarital konrakt takes effect and what to look for when drafting prenuptial konrakta?
In force marriage contract shall at the time of the marriage. People often search for kotrakt sample that does not really matter. In fact, for each pair to make their own, individual konrakt be properly prepared your lawyer. Pre-marital contract should include Seba formalities as well as the transfer of property act otherwise the contract will be invalidated.
Is it possible to draw up a prenuptial agreement itself without a lawyer?
Drawing up such a treaty requires a knowledge of the laws of the state. Error when compiling the contract may result in the recognition by the court as invalid. For this reason it is important that the agreement was either entirely Drawn from a lawyer or examined by counsel before you sign it.
Is it possible to change the terms of the marriage contract or to terminate it?
The marriage contract may be modified or terminated at any time by spouses, but only by mutual consent in compliance with all the formalities of its publication. Unilateral termination of the marriage contract is not permitted.
In some cases, pre-marital contract can be declared null and void?
For reasons that allows challenging the validity of premarital konrakta include the following situations: the contract under the delusion that has a significant value, the conclusion of the contract under the influence of violence, threats of violence, fraud, or as a result of exceptional circumstances on extremely unfavorable conditions. Also, the courts in New York and New Jersey disapprove of agreements that provide for child support in the event of major divorce; create unfair material relations between spouses, or not allowing a lawyer to protect the less wealthy spouse in a divorce. Also not recommended to enter kotrakt and the last week before the wedding.
Will there be an agreement on the separation and property between the pair living together without painting valid if the couple will sign a registry office?
Such an agreement would likely not valid after the marriage and divorce. Dobrachev agreement must be made up in the context of the expectations of the upcoming marriage and not just for the division of property is not painted pair. If you are in this position you can customize your contract in premarital agreement rewriting it and making the appropriate changes. These changes must be made, either by the attorney or examined by counsel. After the lawyer will check the agreement, it may be signed by the couple in front of a notary who must certify the signatures of the parties.
In anticipation of Valentine's Day, many couples are thinking whether they should tie the bonds of marriage. It is clear that the happy couple least want to think about such mundane and unromantic things. In fact, in the pre-marital contract can take a look from another angle. The marriage contract - is not a sign of self-serving attitude of distrust or spouses. On the contrary, having discussed the estate side of the marriage during a strong relationship, a husband and wife to each other save ourselves from unpleasant surprises in the event of a threat of family breakdown.
If your union will crack, you can focus on solving psychological problems and saving the relationship, not worrying about who gets the apartment or the like will be divided your joint accounts. You can either risk having earned over the years, or spend 2-3 hours at the conclusion of premarital contract. In this article, we will attempt to answer the most frequently asked questions from our customers.
What is a prenuptial agreement?
The agreement of the persons entering into a marriage determines property rights and responsibilities of spouses in a marriage, and (or) in the case of divorce.
Why do I need a prenuptial contract if I'm not home and I do not earn a lot?
You do not have to be Donald Trampop or Tiger Woods to enter into such a contract. In contrast, pre-marital contract protects you from unexpected judgments in divorce. We encourage our customers to have an agreement if one or both future spouses had their own businesses, premarital property valued character and they want to retain the property in case of divorce. As your circumstances may change and you can find high-paying job, buy a house, or win the lottery. Also premarital konrakt is a chance to keep a friendly relationship after the dissolution of the union.
What you can not specify a premarital contract?
The courts do not approve those parts of the agreements which specify the nature of the intangible aspects such as who will take out the garbage, or where the work will be a husband or wife. Nor should stipulate the rights of children, the conditions of their material support or custody in divorce cases. Interests of third parties can not be included in kotrakt.
When premarital konrakt takes effect and what to look for when drafting prenuptial konrakta?
In force marriage contract shall at the time of the marriage. People often search for kotrakt sample that does not really matter. In fact, for each pair to make their own, individual konrakt be properly prepared your lawyer. Pre-marital contract should include Seba formalities as well as the transfer of property act otherwise the contract will be invalidated.
Is it possible to draw up a prenuptial agreement itself without a lawyer?
Drawing up such a treaty requires a knowledge of the laws of the state. Error when compiling the contract may result in the recognition by the court as invalid. For this reason it is important that the agreement was either entirely Drawn from a lawyer or examined by counsel before you sign it.
Is it possible to change the terms of the marriage contract or to terminate it?
The marriage contract may be modified or terminated at any time by spouses, but only by mutual consent in compliance with all the formalities of its publication. Unilateral termination of the marriage contract is not permitted.
In some cases, pre-marital contract can be declared null and void?
For reasons that allows challenging the validity of premarital konrakta include the following situations: the contract under the delusion that has a significant value, the conclusion of the contract under the influence of violence, threats of violence, fraud, or as a result of exceptional circumstances on extremely unfavorable conditions. Also, the courts in New York and New Jersey disapprove of agreements that provide for child support in the event of major divorce; create unfair material relations between spouses, or not allowing a lawyer to protect the less wealthy spouse in a divorce. Also not recommended to enter kotrakt and the last week before the wedding.
Will there be an agreement on the separation and property between the pair living together without painting valid if the couple will sign a registry office?
Such an agreement would likely not valid after the marriage and divorce. Dobrachev agreement must be made up in the context of the expectations of the upcoming marriage and not just for the division of property is not painted pair. If you are in this position you can customize your contract in premarital agreement rewriting it and making the appropriate changes. These changes must be made, either by the attorney or examined by counsel. After the lawyer will check the agreement, it may be signed by the couple in front of a notary who must certify the signatures of the parties.
Do not be afraid to ask for help
Do not be afraid to ask for help
The reason that prompted me to write an article on the topic, have become the treatment of women with a request to provide them with legal and human assistance as victims of moral and physical violence from their spouses.
After the article was published, I realized that I touched that sensitive issue, which for various reasons in the Russian press is closed and not discussed in public. As a result, suffer the most are those to whom this assistance is most needed.
The callers (not only women but also men) complained that they are constantly (some for decades) are exposed to violence. But not all of them were willing to take the necessary measures in order to solve their problems, while agreeing to tolerate violence strong enough. The reason usually lies in the unwillingness to break an established relationship with their spouse (oops) a tyrant, not always even aware that the situation is dangerous for their health and possibly life.
Among responded to the article there were many who have asked for help from lawyers. But not always and not all were able to get expert information and psychological support, which is necessary for people who find themselves in the position of the victim. Some women, in their words, have experienced profound disappointment because it is not always a male lawyer was able to understand what they have experienced, being exposed to violence and humiliation.
I want to talk about the two callers.
The first name is Elena. She was 47 years old. She is a U.S. citizen. In his youth, living in Odessa, was in love with a young man named Boris. In 1979, Helen was in New York. Boris remained to live in Odessa. Family life of Elena in the United States has not developed. In 2008, while visiting Odessa Elena, and Boris met again and decided to sign it. A year later, Boris came to New York and received a temporary green card.
Elena thought she finally found happiness, but their relationship began to deteriorate gradually. Within a few months, as Boris liked another woman. He stopped coming home. Elena decided to divorce. When she announced this to Boris, he offered her to come with him to a lawyer who tells you how best to make their divorce. Arriving at one of the many immigration Conte, on the door that read, "A lawyer," Elena explained that divorce, she certainly has the right, but will be required to accord it signed documents that contain Boris over the next 10 years.
Elena felt pushed into a trap. She developed dipressii. Meanwhile, Boris insisted that he agreed to sign the divorce, but only after it receives from Elenin a permanent residence permit, as well as a certain amount of cash in the form of compensation for divorce. Feeling hopelessness of their situation, the state of Helena became every day more and worse, as long as it is not advised to contact me. Not relying on what Elena did come for a consultation.
Having followed my advice, was first made order of protection, protect Elena from the physical presence of Boris beside her. This was followed immediately issued a divorce. Helena concern about the financial obligations to Boris, as one would expect were unfounded. Less than two weeks later, Helen's health after two years of endless emotions went to the amendment and if it were not for her decision to contact a lawyer for advice, this situation could get out of control and lead to unpredictable consequences.
Another story is just the opposite Elenin. A young girl came to the U.S. on a visitor visa from Russia, married a U.S. citizen. At the time of her marriage visa had expired more than a year. After you apply for a permanent residency, she was refused on grounds of lack of status at the time of the marriage. After that, she was told that she must go back to Russia and from there to come to her husband legally in the status of his wife.
The husband responded to this proposal without enthusiasm and did not want to go through this whole process again. In the newlyweds began frequent conflicts, one of which turned rude insults and physical abuse by her husband. She had to leave home and seek help from a doctor, the police and a lawyer. In Immigration Office I filed a petition with a request for this girl to the right of residence in the United States, according to the law of the victims of violence among women.
Again and again I want to remind everyone who was a victim of physical or moral violence. Do not be afraid to ask for help. U.S. law is on your side. It does not matter which one you're status. Whether a citizen of a country or a guest. Every person has a legal right to be protected from all forms of violence and aggression as a private person and a public organization. Timely resolution of problems in the legal sense, often plays a decisive role.
law
The law on domestic violence comes into force
Governor Cuomo (CUOMO) has signed several pieces of legislation toughening laws of the State of New York in regard to domestic violence. The bill protects victims of domestic violence from further damage by increasing demands for the release on bail for the perpetrators, previously implicated in similar crimes or who have access to firearms.
Family law in the United States
Each of us throughout life there are difficulties, disputes, misunderstandings, and often it comes to divorce. How to divide marital property together, how to file for divorce and losing custody of children, as the right to seek financial aid? Overcoming these barriers can help by experienced lawyers. There are other difficulties, when one spouse is a U.S. citizen and "threatened with deportation by refusing to sign immigration papers." There are situations that are associated "with domestic violence and attempts to dominate the foreign spouse."
"Divorce is always a difficult process for both. It not only causes emotional stress, but also adverse changes in the material sense. If divorce is changing all of life: social status, place of residence, material income." In our section you will find answers to many situations, but if not - you can always ask our lawyers
.The law on domestic violence comes into force
The law on domestic violence comes into force Governor Cuomo (CUOMO) has signed several pieces of legislation toughening laws of the State of New York in regard to domestic violence. The new law increases the category of offenders for offenses to felony (Felony). The bill protects victims of domestic violence from further damage by increasing demands for the release on bail for the perpetrators, previously implicated in similar crimes or who have access to firearms.
Governor Andrew M. Cuomo (Andrew M. Cuomo) Cuomo signed into law, an important package of legislation that will increase the effectiveness of the response of the criminal justice system against domestic violence, and at the same time provide enhanced protection of survivors so that they can more safely sever relations with their offenders. In addition, at the state level to create an expert group to study deaths (Fatality Review Team) to find new ways to prevent killings by intimate partners.
"To strengthen laws against domestic violence, New York leads the way in the protection of victims and prosecution of perpetrators at the same time demonstrating to all citizens that we will not tolerate violence against our families - said Governor Cuomo (Cuomo). - The new law classifies the offense as serious criminal offenses in relation to perpetrators who repeatedly harm their families, as well as provide the ability to stop these criminals. "
Assembly Speaker Sheldon Silver (Sheldon Silver), said: "" These measures are an extremely important step towards ending the repeated abuse as a result of domestic violence. "Domestic violence is a problem of great magnitude and impact in the state of New York and in the country as a whole. By definition, the Minister of Health of the United States (US Surgeon General), domestic violence is a major source of health problems for American women, as well as overloading the court system of New York State and the courts of other states.
Senator Steve Saland (Steve Saland) said: "For the first time since 1994, when I fought for the introduction of mandatory arrest for perpetrators of domestic violence, so we made an important step forward in the protection of victims of violence by intimate partners and family members."
This new law, in particular, introduces a new type of crime severity class "E" category "of domestic violence committed in aggravating circumstances" for intruders repeatedly committing the crime, as well as helping victims escape the violence and return to a safe place. Although the State of New York has introduced a series of strong measures against domestic violence, domestic violence, many allow attackers repeatedly commit crimes low gravity, which entail a minor penalty, which allows them to continue to keep their victims in fear and hurt them.
Legislative decision on domestic violence committed under aggravating circumstances, shall enter into force 90 days, and in the case of small felony category of "aggravated harassment" and the provision of collateral - in 60 days.
The maximum penalty petty criminal offense of class "A" is one year imprisonment in a local prison, the maximum penalty for the offense severity class "E" - for up to four years in prison, served in the state prison. The bill authorizes judges in setting bail conditions to take into account the risks to better protect victims from further harm.
Under the new law, the courts for the first time will be required to take into account certain risk factors in the determination of liability in respect of the guarantee or bail conditions in respect of the defendants, who are accused in the act of violence against a member of the family or household face. Under the new law, the Office for the Prevention of Domestic Violence (Office for the Prevention of Domestic Violence) will establish a statewide "Expert Group for the Study of fatalities» (Fatality Review Team).
In addition to domestic violence by improving legislation, the State of New York will implement three new programs aimed at improving the safety of the victim and the officer, and bringing offenders to justice for their crimes: a specialized court for cases involving domestic violence, Law Center Rikers Island (Rikers Island Judicial Center) for parole of prisoners accused of domestic violence, a rapid response in situations with a high degree of risk, as well as free online training for police officers.
Court of New York in cases involving domestic violence, for parolees (NYC Domestic Violence Court for Parolees), A joint initiative of the Committee of New York State Supervision parole officials (New York State Board of Parole) and the Department of Corrections and public control (Department of Corrections and Community Supervision), - a specialized court will consider the case of the five boroughs of New York City, beginning in the fall of this year.
Two judges of the Administrative Affairs will consider cases on domestic violence and to ensure judicial review of the cases of violation of parole. In addition, specially trained experts on the movement of parolees will work together with the lawyers of the victim and other law enforcement agencies to ensure rapid contact with the victim after the incident, develop a plan to ensure the safety of victims (s) and coordinate the implementation of corrective action.
Governor Andrew M. Cuomo (Andrew M. Cuomo) Cuomo signed into law, an important package of legislation that will increase the effectiveness of the response of the criminal justice system against domestic violence, and at the same time provide enhanced protection of survivors so that they can more safely sever relations with their offenders. In addition, at the state level to create an expert group to study deaths (Fatality Review Team) to find new ways to prevent killings by intimate partners.
"To strengthen laws against domestic violence, New York leads the way in the protection of victims and prosecution of perpetrators at the same time demonstrating to all citizens that we will not tolerate violence against our families - said Governor Cuomo (Cuomo). - The new law classifies the offense as serious criminal offenses in relation to perpetrators who repeatedly harm their families, as well as provide the ability to stop these criminals. "
Assembly Speaker Sheldon Silver (Sheldon Silver), said: "" These measures are an extremely important step towards ending the repeated abuse as a result of domestic violence. "Domestic violence is a problem of great magnitude and impact in the state of New York and in the country as a whole. By definition, the Minister of Health of the United States (US Surgeon General), domestic violence is a major source of health problems for American women, as well as overloading the court system of New York State and the courts of other states.
Senator Steve Saland (Steve Saland) said: "For the first time since 1994, when I fought for the introduction of mandatory arrest for perpetrators of domestic violence, so we made an important step forward in the protection of victims of violence by intimate partners and family members."
This new law, in particular, introduces a new type of crime severity class "E" category "of domestic violence committed in aggravating circumstances" for intruders repeatedly committing the crime, as well as helping victims escape the violence and return to a safe place. Although the State of New York has introduced a series of strong measures against domestic violence, domestic violence, many allow attackers repeatedly commit crimes low gravity, which entail a minor penalty, which allows them to continue to keep their victims in fear and hurt them.
Legislative decision on domestic violence committed under aggravating circumstances, shall enter into force 90 days, and in the case of small felony category of "aggravated harassment" and the provision of collateral - in 60 days.
The maximum penalty petty criminal offense of class "A" is one year imprisonment in a local prison, the maximum penalty for the offense severity class "E" - for up to four years in prison, served in the state prison. The bill authorizes judges in setting bail conditions to take into account the risks to better protect victims from further harm.
Under the new law, the courts for the first time will be required to take into account certain risk factors in the determination of liability in respect of the guarantee or bail conditions in respect of the defendants, who are accused in the act of violence against a member of the family or household face. Under the new law, the Office for the Prevention of Domestic Violence (Office for the Prevention of Domestic Violence) will establish a statewide "Expert Group for the Study of fatalities» (Fatality Review Team).
In addition to domestic violence by improving legislation, the State of New York will implement three new programs aimed at improving the safety of the victim and the officer, and bringing offenders to justice for their crimes: a specialized court for cases involving domestic violence, Law Center Rikers Island (Rikers Island Judicial Center) for parole of prisoners accused of domestic violence, a rapid response in situations with a high degree of risk, as well as free online training for police officers.
Court of New York in cases involving domestic violence, for parolees (NYC Domestic Violence Court for Parolees), A joint initiative of the Committee of New York State Supervision parole officials (New York State Board of Parole) and the Department of Corrections and public control (Department of Corrections and Community Supervision), - a specialized court will consider the case of the five boroughs of New York City, beginning in the fall of this year.
Two judges of the Administrative Affairs will consider cases on domestic violence and to ensure judicial review of the cases of violation of parole. In addition, specially trained experts on the movement of parolees will work together with the lawyers of the victim and other law enforcement agencies to ensure rapid contact with the victim after the incident, develop a plan to ensure the safety of victims (s) and coordinate the implementation of corrective action.
Подписаться на:
Сообщения (Atom)