domestic violence law

Hochul Signs Domestic Violence Laws At a Roundtable With Survivors

Recently, Gov.Kathy Hochul hosted a roundtable with the survivors of domestic violence and the advocate heads of national concerns at the Capitol concerning New York’s Red Flag Law. There have been cases of domestic violence and the laws that prohibit those concerned with such incidents from keeping arms.

Read on to delve into the various perspectives that Governor Hochul talks about and her initiatives toward the law that barred several New Yorkers from holding weapons.

In line with the above-mentioned law, judges are allowed to issue a temporary “extreme risk protection order” about domestic violence, which prevents anyone from holding firearms that could cause danger to them or others.

In one of the instances, a woman told Hochul that her abuser had threatened to kill her with a gun while she was pregnant with her son. Fortunately, the abuser’s mother came and hid the gun while he was sleeping.

Considering a lot of such cases, the use of extreme risk protection orders has become rampant in New York, allowing police, healthcare providers, and educational institutions to file a petition if they find someone might be at risk of causing harm to himself/herself or others.

Recently, thousands of New Yorkers have been barred from holding a firearm, which raised concerns, letting Hochul examine the viability of the law.

The U.S. Supreme Court mentioned that it needs to review the case United States v. Rahimi concerning the gun rights of those accused of domestic violence. However, the Federal appeals court stated that the government cannot prevent someone with a domestic violence order of protection from possessing a firearm.

“The Supreme Court has a choice: It can lean into the dangerous Fifth Circuit theory that guns cannot be regulated to protect survivors of domestic violence, or it can uphold federal law that keeps guns out of the hands of dangerous individuals,” Hochul said in a New York Times op-ed published in July.

In conjunction with other cases, Hochul remarked that her administration would consider the incidents of emotional abuse and had secured $1 million to expand the scope of the Red Flag Law concerning cases of partner violence and gender-based violence.

The amount would be utilized towards training people to file orders to seize weapons of potential abusers, and the Governor signed two laws, one of which is the “Hope Card Act.” Hope cards are wallet-size, laminated cards that contain the details of orders of protection with the proof that one is filed.

Hochul also signed a bill that mandates the Office for the Prevention of Domestic Violence to distribute materials concerning economic abuses; an example might be an abuser forcing the partner to take a debt against their wish. To gain an in-depth understanding of the legal side of the issue, you may reach out to a Houston Criminal Defense Lawyer.

The Governor also spoke about the various practices to promote the safety of victims and provide them with support services. Some of these include asking the victims questions to assess the violence by their partner, the need to use an extreme risk protection order, documenting the incidents, and making them aware of legal aid available.

“With increased numbers of domestic violence victims across the state over the past three years, it’s important to know how to get help and how to identify signs of trouble,” Comptroller Thomas DiNapoli said. “State and local agencies also must redouble their efforts to make seeking help and receiving services as easy as possible for victims.”

Hochul’s administration intends to actively help the victims of domestic violence, which is a major priority. It is hoped that the funding for survivors will be increased in the next budget, setting aside $5 million for the Office for the Prevention of Domestic Violence to offer financial assistance to the victims.

“I’m committed to leading an administration that treats survivors with dignity and respect,” Hochul said. “This is personal to me: my mother was a lifelong advocate for victims of domestic abuse, and our family founded a transitional home for survivors in western New York.”

In addition, the state’s gun control rules are also facing setbacks, such as they prompted the implementation of the Concealed Carry Improvement Act, which is an equally important legal challenge.

Another example is that of the state’s law relating to background checks for the purchase of ammunition. It is also under review by the Supreme Court to investigate if it violates the Second Amendment.


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