Praise for state economic abuse law

Listen to this article

Supporters of a bill signed by Gov. Andrew Cuomo said the legislation will protect victims of domestic violence against identity theft, grand larceny and coercion by their abusers.

The law, which was sponsored by state Sen. Joe Robach, R-Rochester, and signed into law last week, recognizes the crimes as economic abuse and will provide domestic violence victim with access to Family Court family offense proceedings, criminal family offense orders of protection, restitution and mandatory arrest.

Courts also can order the return of identification and financial documents such as birth certificates, passports, benefit cards, driver’s licenses, tax returns, debit cards, Social Security cards and immigration documents that may have been withheld from a victim.

The law takes effect immediately.

Economic abuse is a common form of domestic violence that not only inflicts immediate injury, but is designed to create longstanding obstacles that prevent the victim from achieving economic independence, self-sufficiency and financial security well after the abusive relationship has ended, Amy Schwartz, senior attorney in the Rochester office of Empire Justice Center, said in a statement.

The center worked with Robach and Assemblymember Helene Weinstein, D-Brooklyn, on legislation after advocates spoke out on the issue.

Economic abuse can impair a victim’s ability to rent an apartment, purchase a home or a car, apply for employment and otherwise attempt to move forward with their lives, Schwartz said.

“Even after they are free, issues such as identity theft or ruined credit can take months or years to undo and repair,” Schwartz said.

Family and criminal courts already have concurrent jurisdiction over violent crimes, such as sexual abuse, strangulation and harassment.

Granting concurrent jurisdiction over economic abuse cases will be seen more at the administrative and jurisdictional level and won’t necessarily result in more arrests, according to Peter J. Pullano, partner at Tully Rinckey PLLC in Rochester.

Such crimes do come up in domestic situations and legislation will enable representation to be streamlined, Pullano said.

“They can be addressed within a domestic context rather than in a vacuum,” Pullano said. “Charges can be addressed in a proper forum.”

The legislation is a critical step in ensuring that victims are further protected.

“ … the ability of abusers to inflict additional economic harm on their victims will be diminished significantly, as the courts will have new tools to aid domestic violence victims more efficiently and effectively,” Schwartz said.