By JODI SOKOLOWSKI
Buffalo Law Journal

A bill that would allow unrelated couples to obtain civil orders of protection through Family Court is likely to pass now that Gov. David Paterson and state legislators announced their agreement on the legislation Tuesday.

"After 20 years of a marathon of advocacy, gay and lesbian couples or any dating couple (between whom) domestic violence occurs will have equal protection under the law," said Kristen Luppino, an executive committee member of the Erie County Coalition Against Family Violence.

If passed, the law will give full protection to unrelated people, such as cohabiting partners or parents of unadopted stepchildren. The current statute extends such protection only to married couples and parents of common children.

The bill, which would expand the 1994 Family Protection and Domestic Violence Intervention Act, will require arrest of abusers; provide for tracking orders of protection on a state registry; extend orders of protection in aggravating circumstances; and increase penalties for violation of orders of protection.

Currently, New York is the only state in the nation where domestic-violence victims not related to abusers they live or have lived with cannot obtain a civil order of protection. State law also does not currently permit couples in intimate or dating relationships to obtain a civil order of protection against an abuser - a protection granted by the federal government in the Violence Against Women Act.

"Not having access has left a lot of victims without any recourse," said Linda Ray, executive director of the Family Justice Center of Erie County Inc.

Many victims don't want to go through criminal courts because they don't want to press charges or get the police involved and just want the order of protection, Luppino said.

"An order of protection doesn't mean he or she is safe, but is one tool that offers safety and empowerment," she said. "A victim-driven process is much more helpful and friendlier."

The bill would also allow official court hearing officers to issue temporary orders of protection during court hours and after the court has closed for the day.

The Office for the Prevention of Domestic Violence would train field workers and study the bill's effects on law-enforcement practices and the court system.

At least half of the incidents of domestic violence in the state involve non-family relationships, according to the Division of Criminal Justice Services and the Office for the Prevention of Domestic Violence. Advocacy group Day One reports that between 20 and 30 percent of teenagers experience abuse in a dating relationship.