Weil Team Wins Major Victory for Incarcerated Survivor of Domestic Violence

At this year’s Above and Beyond Awards, Sanctuary is honoring the pro bono work of Richard Rothman, Senior Counsel at Weil, Gotshal and Manges and Co-Chair of the Incarcerated Gender Violence Survivors Initiative, Nigar Shaikh, formerly an Associate at Weil and currently Counsel at Everytown for Gun Safety, and Dori Y. Cohen, Associate at Weil, for their representation of “Amy,” an incarcerated survivor of severe domestic violence.

Vanessa Gutierrez is the 2018-2019 Tow Policy Advocacy Fellow at the Center for Battered Women’s Legal Services from John Jay College of Criminal Justice – CUNY.

At this year’s Above and Beyond Awards, Sanctuary is honoring the pro bono work of Richard Rothman, Senior Counsel at Weil, Gotshal and Manges and Co-Chair of the Incarcerated Gender Violence Survivors Initiative, Nigar Shaikh, formerly an Associate at Weil and currently Counsel at Everytown for Gun Safety, and Dori Y. Cohen, Associate at Weil, for their representation of “Amy,” an incarcerated survivor of severe domestic violence.

Rich Rothman has long been a pro bono advocate for survivors of gender-based violence, primarily survivors of intimate partner violence and sex trafficking.  In 2017 Rich, in conjunction with Sanctuary Legal Director Dorchen Leidholdt, founded the Incarcerated Gender Violence Survivors Initiative (the “Initiative”)—a collaboration of professionals and survivors focused on three main goals:

  1. Representation on parole, clemency, and re-sentencing matters
  2. Systems-change advocacy to improve the rate of release for incarcerated survivors
  3. Education and training on issues related to the intersection of gender-based violence, trauma, and incarceration

Nigar Shaikh was an early member of the Initiative and was instrumental in helping the Initiative implement its three-fold strategy to assist survivors.

The Initiative strives to help survivors who have been in prison for many years.  As Rich points out,

“Many of these older convictions took place in an era where domestic violence and trauma weren’t really understood by many, but especially the criminal justice system.  The women we help are victims whose crimes are directly related to the abuse they suffered, which landed them in prison. These women pose no risk to society, and deserve to live their lives outside of prison.”

Amy was one of the Initiative’s first referrals. Like the vast majority of women in prison, Amy was a victim of horrific violence prior to her incarceration.  She grew up witnessing domestic violence perpetrated by her father against her mother and was so distraught by what she saw that she attempted suicide at the age of twelve. A year later she moved to a new school and started dating an older boy who preyed on her vulnerability. This marked the beginning of an eleven-year relationship during which Amy was subjected to increasingly violent and dangerous abuse, as well as psychological torture.  Her abuser threatened to kill her, her family, and her friends if she tried to leave him.  It was right after he threatened to kill Amy’s sister, who was visiting her, that Amy made the terrifying decision to flee.

Amy and her sister were hiding at their step-mother’s house for approximately six weeks before they began to fear that her abuser had found her.  During an argument with her step-mother and sister about how to stay safe now that she had been discovered, Amy’s relentless stress, terror, and untreated PTSD took over and, without conscious knowledge of what she was doing, Amy killed her step-mother, with whom she’d had a close, loving relationship. She was convicted in 1991 for murder in the second degree and sentenced to 25 years to life.

Amy was eligible for parole in 2015, but despite an impeccable record inside prison, a strong release plan, and deep remorse for the crime she committed, she was denied parole.  Instead of considering the many factors that warranted her release, the parole board focused solely on the severity of the crime, completely disregarding the governing statute, regulations, and case law.

Amy was referred to the Initiative for help preparing for her next parole interview in 2018. After his first meeting with Amy at Taconic Correctional Facility, Rich knew that the Initiative had to try to help her.  Soon after, he agreed to represent Amy and he recruited Nigar and Dori to complete Amy’s pro bono team.

Rich, Nigar, and Dori worked on updating and supplementing her parole packet. Understanding how important it would be to explain Amy’s extreme trauma and the effect it had on the commission of the crime, they hired a trauma expert to meet with Amy and deliver an expert report to the parole board. The team compassionately worked with Amy to prepare her for the parole board interview—an experience that is often incredibly re-traumatizing for many survivors.  With the expert support and guidance of Rich, Nigar, and Dori, Amy was finally, after more than 25 years in prison, granted parole in 2018.

Join us at our Above & Beyond celebration on November 12, 2019, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor Richard, Nigar, and Dori’s outstanding pro bono work.  You can buy tickets here

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Cahill and Davis Polk Attorneys Join Efforts to Defend Domestic Violence Survivor and Her Children

At this year’s Above & Beyond Awards, we are recognizing a powerful joint collaboration between attorneys at Cahill Gordon & Reindel LLP and attorneys at Davis Polk & Wardwell LLP for their unwavering commitment to their client, “Shiho.”  The team helped Shiho gain full custody of her children, a final order of protection against her abusive husband, and a fair and appropriate child support order.

Caroline Irving is the director of Sales Development at Parfums Christian Dior and a member of Sanctuary’s Pro Bono Council.

At this year’s Above & Beyond Awards, we are recognizing a powerful joint collaboration between attorneys at Cahill Gordon & Reindel LLP and attorneys at Davis Polk & Wardwell LLP for their unwavering commitment to their client, “Shiho.”  The team helped Shiho gain full custody of her children, a final order of protection against her abusive husband, and a fair and appropriate child support order. We are pleased to honor this incredible team consisting of Dara L. Sheinfeld, Pro Bono Attorney at Davis Polk; Chui-Lai Cheung, Associate at Davis Polk; Jonathan White, Associate at Cahill Gordon; and Dan LeCours, former Associate at Cahill Gordon.

In the fall of 2012, Dara began assisting Shiho pro bono, with co-counsel from Sanctuary for Families.  Shiho had experienced multiple severe instances of domestic violence by her husband and in 2012 she made the brave decision to leave the marriage, taking her 2 young children with her. Sanctuary for Families had been providing counseling to Shiho, and the legal team then jumped in to assist Shiho in court.  The team filed a Custody and Family Offense Petition for Shiho, and she received a full temporary order of protection, for herself and her children, which was continued throughout the several years of litigation.

In 2013, Dara joined Sanctuary full time as the Family Law Director in the Bronx Family Justice Center and continued to represent Shiho, along with Barbara Kryszko, Sanctuary’s Family Law Director in the Brooklyn Family Justice Center. As Dara and Barbara prepared to move forward with a trial concerning family offense and custody matters, they sought pro bono assistance, and Associates Dan LeCours and Jonathan White at Cahill Gordon came on board to join the trial team. Jon and Dan provided much needed assistance by gathering evidence spanning more than 12 years, preparing exhibits and witness questions, and drafting motions. Additionally, Dan conducted a direct examination of one of the custody trial witnesses and Jon and Dan handled discovery and conducted the examinations of all witnesses in a simultaneous child support hearing.  According to Barbara Kryszko, who nominated this team,

“Dan and Jon’s . . . overall ability to stay abreast of all the ongoing developments in the case were vital in our ability to provide Shiho with zealous, professional advocacy.”

In addition to their invaluable help with trial preparation, Jonathan and Dan’s immense support of Shiho extended to handling a difficult relationship with Shiho’s husband, who elected to appear pro se and who was an extremely challenging respondent. Her husband reached out incessantly to Jon, Dan, and the rest of the legal team – sometimes with hostility and threats because of his unrealistic desire to reunite with Shiho and their children. However, the team was undeterred, continuing to fight for Shiho in the family offense, custody, and child support proceedings.

When Dara moved to Davis Polk in 2017 to join their Pro Bono Program as a Pro Bono Attorney, she continued to represent Shiho in her new role. Chui-Lai Cheung, an Associate at the firm, joined the team to assist with trial preparations. Chui-Lai and Jonathan worked seamlessly together to support the trial team and took the lead in preparing the powerful written summation at the end of the trial. Chui-Lai noted that she benefited from this case by being able to be in a courtroom and gain a deeper understanding of how family law works.

Shiho has expressed her immense gratitude to the whole team for all their work during the past 7 years and recognizes that having them on her side made all the difference. In August 2019, a decision was handed down granting Shiho full custody of her children and a full final order of protection against her ex-husband. Furthermore, the court found that the father had committed 16 family offenses against Shiho, including numerous counts of criminal obstruction of breathing or blood circulation, menacing, assault, harassment, and criminal mischief, and had also, on several occasions, violated the temporary orders of protection.

In response to the ruling, Dara said,

“I’m just so happy for her that there is some finality, at least for now.”

This decision finalizes what Shiho has been fighting for for the past 7 years – she now has full custody of her children and the abuses she suffered have been recognized and validated. As they were leaving trial, in an emotional goodbye, Shiho told her team that she would miss them, but is thrilled to be out of court for the first time since 2012.

Join us at our Above & Beyond celebration on November 12, 2019, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor Dara, Jon, Dan, and Chui-Lai’s outstanding pro bono work.  You can buy tickets here

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Debevoise Attorneys Help Domestic Violence Survivor Secure Order of Protection

At this year’s Above & Beyond Awards, we’re honoring a team of attorneys from Debevoise & Plimpton LLP for their work securing an order of protection for “Alison,” a survivor, and her son. Read to learn more.

Alizah Charaniya is a 2L at Cornell Law School. She was a 2019 Summer Associate at Vinson and Elkins and a Summer Intern at Sanctuary for Families through V&E’s Public Interest Program.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Debevoise & Plimpton LLP for their work securing an order of protection for “Alison” and her son. The team consisted of Associate Lisa Wang Lachowicz and Supervising Counsel, Wendy B. Reilly.

Seeking Protection on Her Own 

In 2018, Alison courageously walked into Family Court alone to try to get an order of protection for herself and her two children against her boyfriend, with whom they were living.  Alison had previously tried to get him out of her home, but he threatened to hurt her and refused to move out.  For over two years, Alison feared for their safety because of her boyfriend’s physical, verbal, and emotional abuse.  Alison’s boyfriend was also using a form of abuse that has become an increasingly common tool for abusers — he was attacking her on social media with vulgar messages and threatening to distribute sexual photos and videos of her online if she reported him for his continued threats and violence.

Finding Help Through the Courtroom Advocates Project

When Alison walked into court that day, she met Debevoise attorney Lisa Wang Lachowicz, a first-year associate participating in Sanctuary’s Courtroom Advocates Project (CAP).  CAP enables law students and first-year non-admitted law firm associates to advocate for survivors of domestic violence seeking orders of protection.  CAP advocates meet survivors in the courthouse and help them draft same-day family offense petitions and appear in court to advocate for temporary orders of protection.  CAP advocates then have the option of assuming full representation of the client under the supervision of a Sanctuary for Families attorney.

Lisa Wang Lachowicz, Associate

Lisa and her CAP partner drafted a detailed family offense petition for Alison that day and later appeared with her before the magistrate judge, helping her secure a temporary order of protection. Lisa continued to support Alison over the next couple of months as she waited for her next court appearance, assisting her with safety planning, service of process, and other concerns.

“From the very beginning of the case, Lisa was an attentive, supportive, empathetic, and compassionate advocate.  She was incredibly supportive of Alison and was in constant communication with her from the very beginning, where there is often a lot of stress and transition and it can be a difficult time.” – Lindsey M. Song, CAP Senior Staff Attorney.

When it became clear that Alison’s abuser was going to contest the order of protection, Lisa eagerly took on a full representation and committed to working to ensure that Alison secured a strong final order that would protect Alison and her son.

Overcoming Evidentiary Challenges

Wendy B. Reilly, Supervising Counsel

Alison’s case was challenging.  Much of the abuse came in the form of psychological abuse, threats of physical harm, and threats to post sexual images online (also known as cyber sexual abuse), all of which can pose evidentiary hurdles.  In addition, at the time of the hearing, New York State did not recognize cyber sexual abuse as a family offense.

But Lisa was creative in collecting evidence to corroborate the abuse and steadfast in her arguments about why Alison needed protection.  Lisa successfully entered into evidence multiple damning text messages from Alison’s boyfriend—including texts where he threatened to distribute sexual photos of her—a police report, and bank statements showing that her abuser had used her debit card without her permission. Further, Lisa successfully prevented the abuser from introducing voluminous texts that he was going to use to muddy the record. These evidentiary wins were critical developments in in the hearing.

“It was incredibly rewarding to give Alison her day in court and encourage her to share her story.  This was the first time she had reached out to an attorney and she put a lot of trust in me.  She was scared to say what she wanted to say and nervous to see her abuser after a long time, but she stayed focused and conveyed her story to the judge.  When the judge credited her testimony, and discredited the abuser’s, it was extremely validating for her.”  – Lisa Wang Lachowicz

At the end of the hearing, the judge issued a strong final two-year order of protection for Alison and her son, who had been subject to repeated verbal abuse by Alison’s boyfriend.  The final order included a provision prohibiting Alison’s abuser from posting, distributing or threatening to post or distribute any intimate images or videos of Alison.  This was an important protection, and one that not all judges were willing to add at that time, particularly because there was no criminal penalty or family offense in New York State directly related to cyber sexual abuse.  Thankfully, that recently changed when Governor Cuomo signed a law in July 2019 making the unlawful disclosure of an intimate image a criminal and family offense in New York State.

“Lisa took on a case that otherwise would likely not have resulted in anything more than a short limited Order of Protection.  She was able to support Alison and use her legal training to get Alison what she needed – a final stay-away order for two years. Alison was very relieved and incredibly grateful for Lisa’s assistance.” – Lindsey M. Song

Join us at our Above & Beyond celebration on November 12, 2019, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor this Debevoise team’s outstanding pro bono work.  You can buy tickets here

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Cahill Associate Fights for Mother and Her Special-Needs Child

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Cahill associate Margaret Barone for her dedicated representation of Laura, a mother with a special-needs child, who escaped the abuse of her partner after being pressured into leaving her professional career in her home country.

Jamie Stinson is an associate in the Special Matters and Investigations practice in the New York office of King & Spalding. She is also a member of Sanctuary’s Pro Bono Council and Co-Chair of this year’s Above and Beyond Pro Bono Awards and Benefit.



At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Cahill associate Margaret Barone for her dedicated and compassionate representation of “Laura,” a mother with a special-needs child, who escaped her abusive partner after he pressured her into leaving behind her professional career in her home country—making her financially dependent on him. Through Margaret’s tireless efforts, Laura won court-ordered enforcement of critical provisions of her post-divorce agreements, allowing her to provide the support and care that her son so desperately needed.

Isolated by an Abuser

Laura had a thriving career in Mexico before being tricked into moving to the United States by her abuser.  Subject to abuse and the loss of her economic freedom, Laura struggled to provide for herself and her son, who has special needs.  Through a long and hard-fought legal process, in part with prior assistance from Sanctuary, Laura finalized her divorce, and procured a custody agreement as well as a financial settlement.

Various issues related to the agreements arose.  Laura is the primary custodial parent, but shares joint legal custody with her ex-husband.  Laura is a fierce advocate for her son to receive better services through the Board of Education to meet his complex needs but her ex-husband was effectively blocking her efforts and failed to participate in parent coordination meetings as required by the custody agreement.  In addition, he missed many deadlines on financial obligations and deliberately misinterpreted the financial agreement so as to deprive Laura and her son of support that he was required to pay.

Enforcing Her Client’s Rights

When Margaret took over the case, she dove head first into addressing the myriad issues related to both Laura’s rights under the custody and financial agreements, as well as those related to addressing the needs of Laura’s son.  The stakes were clear as emotions ran high in Margaret’s first meeting with Laura, who explained that all of this work was in service of fighting for her child. Recalling the meeting, Margaret said, “It makes you want to do everything you can as quickly as possible.”

Margaret worked closely with Sanctuary’s Director of the Matrimonial and Economic Justice Project, Amanda Norejko, in order to formulate next steps. Margaret drafted an extensive, several-inches-thick motion and memorandum of law (totaling 51 pages) to help Laura enforce her agreement in Manhattan Supreme Court. This motion required in-depth analysis of evaluations by medical and educational experts to show how the abuser’s obstruction impacted their special needs child.  In the course of organizing more than thirty motion exhibits, Margaret poured over custody agreements, a lengthy financial stipulation, and countless emails in order to demonstrate exactly how the abuser had violated relevant provisions and disrupted their child’s special needs services.  She also made herself available for late night and weekend telephone calls and meetings with Laura to assist her both with legal strategy and with her emotional response to the abuser’s hostile communications with her regarding their son.

As a result of Margaret’s efforts, the court ordered the abuser to comply with the terms of the custody agreement and to make the payments he was refusing to make.  In addition, Laura’s educational hearing against the Board of Education to get her son into a special school can now proceed unobstructed by the abuser.  When asked about how she approached the case, Margaret explained that she worked to tell a compelling story with the motion so that the judge could understand the unique situation.

Working Together to Move Forward

Margaret’s dedicated efforts continue.  While Laura has already begun to receive funds owed to her, there will be ongoing representation related to enforcement of the order, including court appearances and client meetings.  In addition, Margaret continues to assist Laura in preparing proposals to present at parent coordination meetings to obtain the father’s cooperation in enrolling the child in a special school.  Margaret looks forward to continuing to work with Laura and with Sanctuary.

Sanctuary’s Amanda Norejko praised Margaret, stating,

“Margaret’s hard work, diligence, excellent legal analysis and writing skills have given this mother the opportunity for a brighter future for herself and her son that she desperately desired.”

Reflecting on her experience so far, Margaret said, “It was wonderful working with Amanda [from Sanctuary], to have the opportunity to work with someone who is an expert in this field.  You can lose sight of how much legal work can matter.  Working one-on-one with a client makes you realize that you can make a huge difference in someone’s life.”

Laura also stated her appreciation for Margaret’s dedicated efforts:

“My son and I have been enormously blessed . . . with the valuable assistance of Margaret whom I can only thank forever with all my heart as a mother and as a woman and as a minority.”

Join us at our Above & Beyond celebration on October 17, 2017 at the Highline Ballroom as we honor Margaret’s outstanding pro bono work. Learn more about the event here.

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.