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.