Schulte Attorneys Succeed in Second Department Appeal for Domestic Abuse Survivor

Nyla Samee

A dedicated team of Schulte Roth & Zabel LLP attorneys collaborated with Sanctuary for Families to obtain a five-year order of protection for our client ‘Liane’ against her ex-partner.

Every year, Sanctuary for Families’ Pro Bono Project has the privilege of collaborating with highly skilled and committed pro bono attorneys. Through our Pro Bono Spotlight, we highlight the phenomenal work carried out by Sanctuary’s pro bono partners.

*Please note that this blog contains descriptions of abuse that could be triggering*

Sanctuary for Families represented “Liane” for several years in a complex custody and order of protection case. Liane had endured years of severe physical and emotional abuse, often in front of the parties’ children. Following a lengthy trial, the Court found Liane’s testimony credible and determined that her ex-partner had committed multiple serious family offenses, including second-degree assault. Moreover, the Court acknowledged the presence of aggravating circumstances in the case, but ultimately only issued a two-year order of protection even though she was entitled to a five-year order of protection given the finding of aggravating circumstances. The Respondent appealed the Court’s decision, and Sanctuary filed a counter-appeal.

Schulte Roth & Zabel LLP eagerly accepted the challenge of working on this appeal. The key legal issue in this case was determining whether the Court erred in issuing a two-year order of protection despite finding aggravating circumstances. Taleah E. Jennings, partner, and Priyadarshini Das, associate, worked diligently to draft a compelling brief on behalf of Liane and advocate for her during the oral argument. Thanks to Taleah and Priyadarshini’s efforts, Sanctuary received a very favorable decision from the Second Department, with the Appellate Court issuing a five-year order of protection and declining to remand the case to the lower court.

“It was a pleasure working with Schulte. Taleah and Priyadarshini quickly assessed the strengths of the appeal, drafted an excellent brief on behalf of our client, and zealously advocated for her during oral argument.”

– Erin Mears, Senior Staff Attorney, Sanctuary’s Community Law Project

“Schulte has been one of our ‘go to’ firms for handling our client’s family law appeals. We are so grateful for their continued partnership and their dedication to helping survivors.”

– Nicole Fidler, Senior Project Director, Sanctuary’s Pro Bono Project

This incredible victory has given Liane the ability to move forward with her life without fear for her and her children’s safety. Below, Taleah and Priyadarshini discuss their experience working on this successful appeal as well as how it informed their approach toward trauma-informed lawyering and protection for survivors.

What interested you in working on this appeal pro bono?

Our firm has handled appeals for Sanctuary for Families in a number of cases, including another involving the Family Court’s abuse of discretion in issuing an inadequate order of protection. It is always a rewarding experience to help clients navigate through all stages of the New York State court system. When Sanctuary for Families reached out to us, we were eager to incorporate our prior experience with these sorts of appeals and assist in the great services the organization provides its clients.

What went into preparing for the oral argument?

We spent a lot of time preparing for the argument. There was a full trial record, and we made sure we knew the transcripts, evidence, and every single case that was cited in the multiple briefings inside and out. Through the date of the argument, we monitored the family court and appellate docket for any new decisions that we may want or need to address during argument. We also called upon our colleagues in our firm’s litigation department to conduct several moot arguments, which was really helpful because the diversity of views and questions they had during the moots strengthened our confidence to argue to a panel of appellate judges. We also familiarized ourselves with the judges themselves, by researching their backgrounds, reading their relevant decisions, and watching recorded arguments from other appellate matters.

How did working on this appeal shape your understanding of trauma-informed lawyering?

We kept at the forefront of our minds and as a key theme in our briefing for the appeal, that our client went through the trauma of experiencing domestic violence, had to relive it in court, and then—having survived her abuse and prevailing on the merits at trial—was denied the protection she needed and deserved. Our job in this appeal was to rectify that error, both for her and for other survivors who should know that they can receive adequate protection when they work their way through the court system.

As lawyers, it is almost impossible to avoid being impacted by our clients’ traumatic experiences. That has pros and cons. The devastating violence that our client and her children experienced motivated us to get her the right result. But there is the vicarious or secondhand trauma that often comes from reliving your clients’ experience with them. We always made sure to recognize that to ensure it did not impact our work or our health.

In what ways was working on this appeal rewarding for you?

We are grateful to have the opportunity to work with such an incredible organization like Sanctuary for Families and to help people who may otherwise lack access to counsel. It was especially rewarding to get the justice our client deserved but also getting a full judicial opinion that will go on to help others seeking orders of protection.

We greatly appreciate Taleah and Priyadarshini for their exceptional advocacy and dedication to supporting survivors.

CSW69 Panel: Strengthening the Hague Convention for Domestic Violence Survivors

Nyla Samee

Sanctuary for Families hosted a groundbreaking expert panel discussion in parallel with CSW69, focused on the 1980 Hague Convention on International Child Abduction and its problematic application to survivors of domestic violence fleeing abuse.

On Tuesday, March 11, Sanctuary for Families hosted a groundbreaking expert panel discussion in parallel with the 69th session of the Commission on the Status of Women (“CSW”), an annual two-week session hosted by UN Women. The Sanctuary event, Beyond Borders: Strengthening the Hague Convention for Domestic Violence Survivors, focused on the 1980 Hague Convention on International Child Abduction (the “Convention”) and its problematic application to survivors of domestic violence fleeing abuse. As far as we are aware, it was the first CSW parallel event to address the intersection between the Convention and domestic violence.

This panel was organized by Sanctuary’s Narkis Golan International Child Abduction Initiative, a new Sanctuary project aimed at improving outcomes for domestic violence survivors in Hague Convention litigations. The project primarily serves mothers fleeing domestic violence to protect themselves and their children. The project provides crucial support to clients through screenings, pro se advice and assistance, and connecting clients with pro bono attorneys across the U.S.

watch panel recording

The Hague Convention and Its Limitations

The Hague Convention on the Civil Aspects of International Child Abduction was established over forty years ago to ensure the prompt return of children wrongfully removed or retained across international borders. Its intent was to protect children from the harms of international abduction; it has never been updated to address cases where a parent flees across borders to escape domestic violence.

A key provision within the Convention is the Article 13(b) “grave risk” exception. This defense allows a parent to argue that returning the child to their home country would expose them to physical or psychological harm or place them in an intolerable situation. However, proving this defense can be complex and challenging, specifically for protective mothers who are seeking refuge from domestic abuse and who often have no money to hire an experienced attorney to help them assert the complicated defense.

Panel Discussion: Addressing the Gaps in the Convention

The panel brought together renowned experts to evaluate the Convention’s failure to protect survivors of domestic violence and their children adequately. These experts proposed best practices and solutions to improve the implementation of the Convention, specifically for fleeing mothers seeking safety and protection.

The panelists included:

  • Reem Alsalem, UN Special Rapporteur on Violence Against Women and Girls, who has been instrumental in raising awareness of the difficulties faced by Hague Mothers.
  • Adrienne Barnett, Professor of Family Law at Brunel University, London, who focuses on family law and the Hague Convention, among other areas.
  • Janaína Albuquerque Azevedo Gomes, Legal Coordinator at REVIBRA Europe, a dual-qualified lawyer practicing in Brazil and Portugal, with expertise in cross-border family law.
  • Maria Jose Vallejo Manzur, Director of the Bi-National Project of Family Violence at Texas Rio Grande Legal Aid, a dual-qualified lawyer practicing in the U.S. and Mexico.
  • Merle H. Weiner, Professor at the University of Oregon School of Law, who has extensively written on the impact of the Convention on domestic violence survivors.

Key Discussion Topics

The panelists began by addressing the foundational issues with the Convention in the context of domestic violence. Topics included the history and goals of the Convention, the challenges of the “Grave Risk of Harm” defense, unequal access to justice, and the issue of protective mothers being perceived as “abductors.” The gender dynamics present in these cases were also explored, shedding light on how the legal framework often fails to consider the realities of domestic violence and its effect on mothers.

The panelists also discussed the concept of protective measures, which in theory are supposed to help survivors and their children safely return to the left-behind country. They emphasized the practical difficulties domestic violence survivors face in trying to enforce these measures, as well as the fact that the measures often fall far short of the protection they and their children need to truly mitigate the risk of further physical and/or psychological harm. The second half of the conversation shifted to the human rights implications in Hague domestic violence cases. The panelists shared insights from their respective jurisdictions and examined the broader human rights concerns at play.

The panel concluded with an analysis of potential solutions, such as the need for updates to the Convention’s Guide to Good Practice, improved and more accessible legal support for Hague mothers, and increased awareness both domestically and internationally about the unique challenges Hague mothers/survivors and their children face.

Sanctuary extends our deep gratitude to Latham & Watkins LLP, a long-time Sanctuary pro bono partner, for providing the venue, lunch and phenomenal event services team without which this panel discussion would not have been a success.

If you are a survivor of gender-based violence and need an intake and consultation related to a Hague Convention case, please email GolanInitiative@sffny.org

Gibson Dunn Attorneys Secure Final Order of Protection for Cyber Abuse Survivor

Nyla Samee

A dedicated team of Gibson Dunn attorneys collaborated with Sanctuary for Families to obtain a final order of protection for “Claire” against her abusive ex-partner in a case involving tech-facilitated abuse, a form of abuse that is becoming increasingly ubiquitous.

Sanctuary for Families’ Pro Bono Project has the honor of working annually with hundreds of extremely dedicated and expert pro bono attorneys. As part of our Pro Bono Spotlight, we highlight some of the great work done by Sanctuary pro bono attorneys!

*Please note that this blog contains descriptions of abuse that could be triggering*

A dedicated team of Gibson Dunn attorneys collaborated with Sanctuary for Families to obtain a final order of protection for “Claire” against her abusive ex-partner in a case involving tech-facilitated abuse, a form of abuse that is becoming increasingly ubiquitous. Tech-facilitated abuse, also called cyber abuse, includes an array of harassment tactics such as hacking, installation of spyware, stalking, spoofing, identity theft, impersonation, sexual extortion (colloquially known as “sextortion”), and the nonconsensual distribution or threat of distribution of intimate images and videos.

“We are so grateful to Gibson Dunn for their incredible advocacy on behalf of a client who experienced threats of image-based abuse and other forms of technology-facilitated abuse, including threats and repeated harassment. Online abuse is too often dismissed and belittled, even though the damage is overwhelming and even life-ruining for survivors. Gibson Dunn’s advocacy in this case resulted in an extremely positive outcome for the client and led to her feeling supported and validated in what she had experienced. Congratulations to the whole team!”

– Lindsey Song, Associate Program Director, Family Law Project at Sanctuary for Families and Co-Chair, New York Cyber Abuse Task Force

After Claire ended her relationship, her ex-partner continued to threaten and harass her and her mother by making threats to circulate intimate images of Claire in an attempt to control her actions. While Claire had obtained a temporary order of protection in Family Court, she needed support in securing a permanent order of protection to truly be able to move on from this abusive relationship.

Gibson Dunn readily took on the challenge to support Sanctuary in representing Claire in a critical fact-finding hearing. As a result of Sanctuary and Gibson Dunn’s tireless efforts in crafting compelling arguments and thoroughly preparing Claire for her testimony and cross-examination, the Court ruled that Claire’s abuser had committed a family offense, thereby granting her a final order of protection.

This remarkable victory has allowed Claire the space to heal and move forward with her life without fear. Here, the Gibson Dunn team comprised of Jacqueline E. Malzone, Associate Attorney; Carolyn Ye, Associate Attorney; and Christina Andersen, Of Counsel, explores the professional development afforded by this opportunity and how it shaped their perception and approach towards trauma-informed lawyering and tackling cyber abuse cases.

Tell me about the case. What went into preparations?

A lot of preparation went into this case. First and foremost, we spent significant time with our client understanding her story, nailing down the details and the timelines, gathering evidence – such as screenshots, text message chains, and call logs. We ultimately utilized firm resources to obtain a forensic screen of her phone in order to best preserve her text and phone records. We also utilized third-party translators to obtain certified translations of non-English messages that were helpful to our case. We then spent many hours with our client preparing her for direct examination – making sure she was comfortable enough telling her story in a clear and compelling manner, but also making sure we as her attorneys were comfortable guiding her through examination. This part of the process really built our strong relationship with our client. And of course, we had to prepare our client to be questioned by her abuser, who was representing himself pro se. This was one of the most difficult parts of our preparation, as this can reopen traumatic wounds, and our goal in this process above all is to protect our client. On our own, we spent significant time reviewing and organizing evidence and preparing legal arguments to convince the court of our argument and ways to prevent the court from accepting the abuser’s irrelevant evidence. Lindsey Song from Sanctuary for Families was also an incredible resource and guide during Claire’s entire case and was there with us every step of the way.

What interested you in working on this case pro bono?

A desire to use our legal training and skills to help our client advocate for herself and pursue the protection from abusive and coercive conduct provided by the law.

How did working on this case shape your understanding of trauma-informed lawyering?

Trauma-informed lawyering requires tiptoeing a very delicate line between needing to share all the unpleasant details with the court while minding your client’s mental health and wellbeing. Working on this case was an exercising of learning where that line is and how to avoid crossing it. Sanctuary for Families was an incredible resource, particularly in guiding our initial conversations with our client to ensure that even as we were new to the process, we did not endanger our client’s wellbeing.

What are some approaches you will adopt in future cyber abuse cases based on this experience?

We will focus immediately on comprehensive discovery of social media messages and a variety of chat and instant message platforms using all the digital forensic tools available.

What are some lasting impacts from the case?

A desire to work on more cases! It was also so incredibly rewarding to see just the depth of relief that Claire had after the judge awarded her a final order of protection. She had been so strong and brave throughout the whole process, and seeing her finally feel safe is something we’ll never forget.

We are extremely grateful to Jacqueline, Carolyn, and Christina for their outstanding advocacy and commitment to serving survivors.

WilmerHale Team Secures Parole for Incarcerated Survivors

Tushna Gamadia

At this year’s Above & Beyond Awards, Sanctuary is honoring a team from WilmerHale for their tireless, inspired, and compassionate work helping Sanctuary for Family’s incarcerated clients obtain parole and live a new life full of hope for the future.

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor Susan Schroeder, Kyrie Graziosi, and Meghan Wingert of WilmerHale LLP for their tireless, inspired, and compassionate work helping Sanctuary for Family’s incarcerated clients obtain parole and live a new life full of hope for the future.

The WilmerHale team first represented one of Sanctuary for Families’ incarcerated clients in connection with her successful parole hearing in March 2023. After that inspiring experience, they went on to help two other Sanctuary clients obtain parole in October 2023 and April 2024. Though each client’s situation was unique, all are survivors of severe gender-based violence. Their parole hearings were the first step toward a new future for each client.

Susan, Kyrie, and Meghan worked closely under the guidance and mentorship of Ross Kramer, Isabelle Demenge, and Kayla Abrams of Sanctuary to prepare each client. Since counsel cannot be present at the parole hearing, the goal of the team was to help each client become an effective self-advocate before the parole board. Isabelle noted that the WilmerHale team was patient, honest, and friendly with the clients from the outset, and quickly formed a relationship of trust with each of their clients. The clients in turn were open and engaged with the process since they trusted their legal team, which enabled Susan, Kyrie, and Meghan to really delve into the facts and circumstances of the underlying crimes, the work that each woman had done on herself during her incarceration, and their attempts to help others despite personal challenges.

Once the WilmerHale team got to know each client, the team worked collaboratively with them to prepare an individualized parole packet for submission to the parole commissioners. A parole packet typically includes things like advocacy letters; a personal statement from the client; apology letters to the victims; support letters from the client’s friends, family, and community; and evidence of the client’s accomplishments during incarceration.  In one client’s case, for example, the team spoke at length with the client’s sponsor and friends from the AA community to ensure that the client’s continuing recovery and sobriety would be addressed after her release. The team spoke to over twenty individuals to ensure that just the right letters were included in the client’s packet.

Susan, Kyrie, and Meghan also worked tirelessly to help each client prepare for the rigors of the hearing by holding in-person mock hearings and helping the client think about and craft the best possible answers to the questions she could be asked at the hearing. The WilmerHale team was in constant contact with their clients, speaking to each at least once every week in the months leading up to the parole hearings. Kyrie noted that this close client contact was one of the most rewarding aspects of the case.

The WilmerHale team went “above and beyond” in every sense. The team felt a tremendous sense of responsibility towards their clients, who have survived severe violence, abuse, and trauma. The team understood they were entrusted with helping these women gain their freedom. Parole is granted in New York state in less than 28% of all cases that go before a parole board. Sanctuary for Families and their pro bono attorneys have had a remarkable 94% success rate (one case has an appeal pending), including the WilmerHale team’s 100% success rate.

Each of the cases the WilmerHale team worked on had their own unique challenges. For example, one of the clients had already been denied parole twice; another client’s sentence was considered to be too short to typically be granted parole. Most important, however, the team focused on helping each client build her self-confidence and giving her hope for a better future by believing in the client. Susan, Kyrie, and Meghan formed a strong bond with each client, and because of their unwavering belief in her, each client began to internalize their message: that she was not defined by her crime, that she could use her experience to help others, that she was intelligent, strong, resilient and capable, and that together they could succeed in winning her freedom. Even more critical, they impressed on each client that she deserved the chance to start her life again and could live a full, happy and meaningful life going forward.

Through their trauma-informed, compassionate, and skillful work, the team made a tremendous impact in each client’s life that will echo far into her future and that of her community.  The WilmerHale legal team, in turn, feels that as a result of their work with these clients, they have gained new insight and a fresh perspective on keeping an open mind and listening closely to a client which have made them better lawyers and people. They encourage other pro bono lawyers to take on cases like these even if it is outside of the scope of their day-to-day work, as it is such a rewarding experience.

A key aspect of Sanctuary’s parole assistance program is that it does not end once the client is released. Re-entry after release is challenging and therefore Sanctuary continues to provide services, such as counseling, guiding clients to apply for the benefits they are entitled to, and participating in Sanctuary’s Economic Empowerment Program, which provides job training for clients to gain employment and succeed in the workplace. The WilmerHale team and the Sanctuary team keep in close contact with their clients after release. With the love of their family and friends, Sanctuary’s support services, and the caring work of their legal teams, each of the clients is now thriving and looking forward to a future full of dignity, happiness, and the opportunity to give back to her community. One of the clients has settled at home, and has opened her own barbershop in Rochester. Another client is completing a paralegal certification and plans to attend law school and give back to others as a lawyer. WilmerHale’s third client was only recently released, and is enjoying time with her family and has already secured employment.

We thank Susan, Kyrie and Meghan and are pleased to honor them for their dedication and generosity in volunteering their time and talents to such tireless, empowering and trauma-informed representation of Sanctuary’s clients.

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Join us at our Above & Beyond Awards Ceremony on October 8, 2024, as we honor WilmerHale’s outstanding pro bono work.

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Tushna Gamadia is a partner in the Real Estate Group at Morrison & Foerster LLP, works with Sanctuary for Families’ clients on pro bono cases, and is a member of Sanctuary for Families’ Pro Bono Council.