Paul, Weiss Team Wins Major Victory for Domestic Violence Survivor

Emily Suran

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Paul, Weiss, Rifkind, Wharton & Garrison LLP for their skilled litigation on behalf of a domestic violence survivor. Paul, Weiss former associate Michael Nadler (currently a 2nd Circuit judicial clerk) and Paul, Weiss associate Allison Penfield, supervised by partner Liz Sacksteder, argued that past incidents of domestic violence, although committed more than a year prior to petitioning for an order of protection, were enough to give their client, Susan, a continuing reasonable fear of her abuser. The judge agreed with their deftly-made arguments and granted Susan a one-year order of protection. This result was a major victory with immense precedential value.

Emily Suran is an associate at Milbank, Tweed, Hadley & McCloy LLP. She is a Co-Chair of the Above & Beyond Benefit, the editor of the Above & Beyond blog posts, and a member of Sanctuary’s Pro Bono Council.

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At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Paul, Weiss, Rifkind, Wharton & Garrison LLP for their skilled litigation on behalf of a domestic violence survivor. Paul, Weiss former associate Michael Nadler (currently a 2nd Circuit judicial clerk) and Paul, Weiss associate Allison Penfield, supervised by partner Liz Sacksteder, argued that past incidents of domestic violence, although committed more than a year prior to petitioning for an order of protection, were enough to give their client, “Susan,” a continuing reasonable fear of her abuser. The judge agreed with their deftly-made arguments and granted Susan a one-year order of protection. This result was a major victory with immense precedential value.

A History of Abuse

In 2014, Susan’s former partner, Todd, became physically violent and menacing, and in 2015, Susan ended the relationship. At one point, Susan obtained an order of protection against Todd, but it was subsequently dismissed.

A New Incident Leads to a New Case

Over a year later, Susan was at a restaurant when she saw Todd standing next to her car outside. Terrified, Susan called 911.

Luba Reife, a senior staff attorney with Sanctuary for Families’ Family Law Project, enlisted the help of Paul, Weiss partner Liz Sacksteder, associate Allison, and then-associate Michael to secure a new order of protection for Susan. While the latest incident did not independently rise to the level of an offense, the team crafted an argument that all the prior incidents of abuse, taken together, gave Susan a reasonable and continuing fear of Todd and justified an order of protection.

Michael and Allison developed a strong relationship with Susan, and did extensive research and witness preparation before heading into the courtroom. Michael single-handedly conducted the direct examination of Susan, and he also cross-examined Todd.  Allison conducted the direct examination of another witness, who testified to the history of abuse.

Paul, Weiss partner Liz Sacksteder recalls,

“Mike and I strategized before every hearing date and talked through all the evidentiary issues and strategy for each examination.  I was very impressed by all the care and thought and depths of analysis going into Mike’s and Allison’s preparation. I thought the two of them were a great team, and Mike was a great leader of the team.”

A Positive Outcome

Thanks to the efforts of the Paul, Weiss team, the court issued a decision granting Susan a one-year order of protection.

Upon receiving the positive decision from the court, Luba enthused:

“Michael and Allison did a fantastic job eliciting testimony as to all the past incidents of domestic violence and, what’s most important, were able to convey to the Court, through the testimony, that Petitioner is still in need of an order of protection … This decision is great case law and a major win for Sanctuary and for Paul, Weiss. But above all and most importantly, this is a tremendous and well deserved victory for Susan!”

In Memoriam

Tragically, Susan passed away shortly after receiving the court’s decision. In an email sharing the devastating news, Luba wrote, “She was a lovely person, a trooper, with a wonderful sense of humor, smart and gutsy. She was going to present the award at Above and Beyond for the Paul, Weiss team. I am absolutely heartbroken over this loss.”

Michael and Allison were shocked. After such an exhilarating win, it was difficult to process Susan’s untimely death. Allison recalled Susan as vibrant and a wonderful role model for women. “I think a lot of people would have not gone through the hell she went through to get this order of protection in place,” she said. “Working with her was the most rewarding part of this case.”

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

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

Debevoise team secures freedom and protection for survivor of abuse and her family in multi-year trial process

Brenna Rabinowitz

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of Debevoise attorneys for their brilliant and effective advocacy on behalf of Rebecca. The Debevoise team worked tirelessly to help Rebecca win full custody of her son, an order of protection from her abuser, and a substantial child support award.

Brenna Rabinowitz is an associate at Freshfields Bruckhaus Deringer LLP.  She is the Membership Chair of Sanctuary’s Pro Bono Council.

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At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of Debevoise attorneys for their brilliant and effective advocacy on behalf of Rebecca. The Debevoise team worked tirelessly to help Rebecca win full custody of her son, an order of protection from her abuser, and a substantial child support award.

This dedicated team included partner Sean Hecker, associates Anna Domyancic, John Pierpont (now an AUSA at the Connecticut US Attorney’s office), Ashley Fillmore, Marisa Taney (now clerking in Miami), law clerk Rhianna Hoover, and litigation analyst Lesley Douglas.

Deceived by her Abuser

Rebecca moved to the United States in 2011 after waiting seven years to get a visa in her home country of Nigeria. She described the day she got her visa as a “dream come true” and explained that, though it was hard to leave her family, she decided to leave Nigeria in pursuit of a better life for her and her young daughter. Rebecca had to leave her daughter in Nigeria temporarily but vowed to return for her as soon as possible.

Soon after moving to this country without friends or family, Rebecca became involved with her abuser. It was only after Rebecca was several months pregnant with their child that he revealed he was a Level 3 sex offender, and had sexually abused his seven-year-old niece. Around the same time as this shocking revelation, he became aggressive, verbally abusive, jealous, and controlling. After Rebecca’s son was born, her abuser became physically violent, both at home and in public, often in the presence of their infant child. Frightened for her and her son’s safety, Rebecca contacted Sanctuary for Families in November 2014, seeking custody of her son and protection from her abuser.

Willing to go Above and Beyond

When the Debevoise team got Rebecca’s case through Dara Sheinfeld, former Director of Sanctuary’s Legal Project at the Manhattan and Bronx Family Justice Centers, they jumped into action. Initially they had agreed to represent Rebecca only in her family offense petition (FOP) and her custody cases, but when other issues arose the team eagerly stepped up and expanded their representation to address all of Rebecca’s legal needs.

The team appeared in court over 20 times on Rebecca’s FOP case alone, which included multiple hearings to secure the court’s permission for Rebecca to travel with her son to Nigeria to help bring her daughter to America, and another dozen or more times on her other matters. The team collectively spent hundreds of hours preparing for these appearances, including preparing multiple witnesses for cross-examination, practicing opening and closing statements, and gathering impeachment evidence to be used in cross-examining Rebecca’s abuser. The team also successfully represented Rebecca in child support proceedings, which resulted in doubling her support award.

Throughout these extensive preparations, Dara provided support and advice, even on late nights and weekends. Team members described Dara as a “great partner” throughout this process.

Positive Results

The team adeptly navigated Rebecca through a multi-year trial process. At one memorable juncture, they effectively used impeachment evidence against Rebecca’s abuser during a multi-day cross-examination when he attempted to deny the crimes for which he had been previously convicted.

Thanks to the Debevoise team’s hard work and dedication, Rebecca received a final order of protection, gained full custody of her son, received a support award sufficient to sustain her and her son, and, most importantly, achieved freedom and protection from her abuser. Rebecca’s daughter has also joined Rebecca and her son in the US.

The Debevoise team continues to represent Rebecca in her ongoing legal matters. Most recently, the team submitted a brief opposing an appeal filed by Rebecca’s abuser that challenges the five-year order of protection that Rebecca was granted. This dedicated  Debevoise team remains committed to representing Rebecca as long as her fight continues.

The team’s work was life-changing for Rebecca. When Rebecca learned of their nomination for this award, she told Sanctuary that the Debevoise team members were her “heroes.”

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Join us at our Above & Beyond celebration on October 17, 2017 at the Highline Ballroom as we honor the Debevoise team’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.

Schulte Roth & Zabel team successfully advocates for domestic violence survivor against abuser and aggressive opposing counsel

Jaclyn Neely

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team from Schulte Roth & Zabel LLP (SRZ) for their incredible and tireless efforts on behalf of “Nancy”, a woman who fled her abusive spouse and faced numerous obstacles in Family Court as she fought for custody of her eight-year-old son.

Jaclyn Neely is an litigation associate at Gibson, Dunn & Crutcher LLP.  She works on a number of pro bono matters with Sanctuary, including the Human Trafficking Intervention Court Pro Bono Project, and is a member of Sanctuary’s Pro Bono Council.

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At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Taleah E. Jennings, Mari S. Dopp, and Carly J. Halpin of leading law firm Schulte Roth & Zabel LLP (SRZ). They are being recognized for their incredible and tireless efforts on behalf of “Nancy”, a woman who fled her abusive spouse and faced numerous obstacles in Family Court as she fought for custody of her eight-year-old son and navigated a Child Neglect and Abuse case brought by the Administration for Children’s Services against her child’s father.  The SRZ team addressed the ever-increasing challenges in stride, achieving successes along the way and ensuring that Nancy was not subjected to the aggressive tactics of her husband’s attorney. 

Complicating Factors

When Nancy fled her home with her eight-year-old son to relocate to a safe space away from her abusive husband, she had no idea what legal obstacles lay ahead.  Shortly after she left, Nancy sought a temporary order of protection from her husband and also filed for custody and child support in Family Court.  Mere weeks after Sanctuary for Families began working with Nancy and referred her case to the Schulte Roth & Zabel team—consisting of Taleah E. Jennings, Mari S. Dopp, and Carly J. Halpin—the Administration for Children’s Services (“ACS”) filed a Child Neglect and Abuse case against Nancy’s husband.

The ACS action, otherwise known as an “Article 10” case, greatly complicated the legal tableau and was an additional stressor on Nancy, who was already going through a great deal of stress after finally escaping a long-term abusive relationship.  While the Article 10 case was filed against Nancy’s husband, not Nancy, the case was based on his abuse of Nancy and their son’s exposure to that abuse, and Nancy was thus compelled to play a central role.  The strain on Nancy was heightened when Nancy’s husband hired an unduly aggressive private attorney.

Combatting Aggressive Tactics

Instead of seeking documents and testimony from ACS, the opposing counsel sought unreasonably broad categories of documents from Nancy and tried to submit Nancy to a deposition and her son to a mental health evaluation.  Both experiences would have been extremely traumatic, and would have forced Nancy and her son to revisit the abuse she suffered in explicit detail.

Luckily, Nancy had the support of Sanctuary and the Schulte Roth team, who were able to effectively counter the opposing counsel and win over the Family Court Judge, as well as the attorney assigned to the child.  Taleah, Mari, and Carly put their strong legal writing and oral advocacy skills to use, and the team successfully opposed the motion to submit the child to a mental health evaluation.  Their tenacity led the father’s attorney to withdraw many of his previous unreasonable requests.

Thanks in large part to their strong advocacy, the opposing counsel approached Nancy’s legal team and proposed a settlement for the various other pending legal actions on very favorable terms—including full custody for Nancy and an agreement that the father would go to therapy.  The parties continue to work toward a global resolution to resolve the various outstanding legal actions.

Reflecting on the Case so Far

This experience has been both rewarding and challenging for the SRZ team.  They appeared in court on numerous occasions, drafted voluminous court filings, and negotiated with the husband’s lawyer at length.  For Mari, a mid-level associate, this case has been a great opportunity for her to appear and argue in court and establish a strong relationship with a client whom she could help on a personal level.  “Safety is something I take for granted,” Mari explained.  “To be able to use the skills I have as a lawyer to help ensure the safety of someone else has been incredibly rewarding.”

Taleah, a partner in the Litigation Group at SRZ (and also a member of the Sanctuary for Families’ Board or Directors), praised the collaboration between Sanctuary and her SRZ team, explaining that they all worked together throughout the case—from strategizing to drafting and appearing in court.  Sanctuary provided support and institutional knowledge but also allowed the SRZ team to take ownership at every stage.

Maria Zhynovitch, the Sanctuary attorney supervising Nancy’s case, applauded the work of the Taleah, Mari, and Carly, and the trust they were able to cultivate with Nancy right from the beginning.  Maria noted,

“this was uncharted territory for myself and some of my supervisors . . . a lot of the issues raised in the process were really novel for us.  There was no blueprint.  But the Schulte attorneys were completely undeterred by this.”

Maria praised both the quality of the team’s research and writing and the compassion they exhibited toward Nancy.  “The way in which they related to Nancy was quite tremendous.”

While the SRZ team continues to represent Nancy in her ongoing legal matters, the positive effects of their advocacy are already apparent.  Empowered by her legal team, Nancy is not only living a life free from abuse, but she is also enrolled in an educational program and living in a safe space with her son.  The SRZ team is committed to representing Nancy as long this fight continues.

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Join us at our Above & Beyond celebration on October 17, 2017 at the Highline Ballroom as we honor the Schulte Roth & Zabel team’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.

About Schulte Roth & Zabel LLP

Schulte Roth & Zabel LLP (www.srz.com) is a full-service law firm with offices in New York, Washington, D.C. and London. As one of the leading law firms serving the financial services industry, the firm regularly advises clients on corporate and transactional matters and provides counsel on regulatory, compliance, enforcement and investigative issues. SRZ has a long history as a leader in pro bono legal work and a firm-wide legacy of contributing to the greater good.

Funding for the Courtroom Advocates Project is Under Threat: Why it Matters

Brenna Rabinowitz

Since its founding in 1997, Sanctuary’s Courtroom Advocates Project (CAP) has been almost entirely funded by grants under the Violence Against Women Act (VAWA). Today, funding for this critical program is in danger. Take a stand and join the effort to protect VAWA funding.

Brenna is a J.D. at Freshfields Bruckhaus Deringer and is a member of Sanctuary’s Pro Bono Council.

Ana’s Story

In July 2016, Ana arrived alone at the Bronx Family Courthouse hoping to obtain an Order of Protection against her husband. Ana’s husband had subjected her to severe physical and emotional violence during their marriage. On that day, she had a bruise on her upper arm from when her husband bit her the week before and a puncture wound from when he stabbed her with a pen. Those physical scars were in addition to the devastating trauma Ana experienced from months of repeated rapes and strangulations by her husband. She was upset, afraid, and like many victims of domestic violence, had no money to hire an attorney to help her.

Unsure of where to go or who to turn to, she eventually found a free consultant at the courthouse who introduced her to two attorneys in Sanctuary’s Courtroom Advocates Project (CAP). Ana’s fortunes were about to change.

Finding Sanctuary

Ana was assigned to a team of law student advocates who had been trained by CAP to help Ana file for and obtain a temporary Order of Protection in Family Court. Sanctuary’s CAP attorneys then took Ana’s case on for direct legal representation.

Over the course of two years, they not only helped her obtain a final Order of Protection against her husband, but also referred Ana to Sanctuary’s social workers from whom she received counseling. Today, Sanctuary continues to help Ana with her housing and immigration issues, all at no cost to her.

Since connecting with CAP and accessing Sanctuary’s holistic services, Ana has flourished. She has become more confident and is in charge of her own life, happiness, and safety. In Ana’s words,

“Had it not been for [Sanctuary], I don’t know what I would have done.”

Currently, Ana is on the path to fulfilling a lifelong dream of becoming a nurse, and has completed a nursing education and training program. She is now able to leave her past behind and move forward.

The Courtroom Advocates Project(CAP)

CAP trains and supervises advocates, mostly law students, who provide in-court assistance to domestic violence victims seeking orders of protection in Family Court. Since 1997, CAP has trained nearly 12,000 advocates and has helped nearly 10,000 litigants in Family Court. Victims of domestic violence often come to court alone and intimidated. CAP advocates help them tell their stories more effectively, and provide needed reassurance.

CAP advocates can also direct victims to additional resources that may help them reach safety. Like Ana, many clients first connect with Sanctuary through CAP, and then receive help from Sanctuary with additional issues such as divorce, custody, spousal and child support, housing, public benefits, counseling, job training and immigration. For these clients, CAP serves as a crucial first stepping stone in their journey from an abusive relationship to freedom.

Not only does CAP provide vital assistance to victims of domestic violence, it also trains the pro bono attorneys of the future. CAP provides law students with an introduction to family law, a chance to meet with clients, and an opportunity to learn how to be litigators. Often, CAP may be a law student’s first experience working one-on-one with a client or appearing on the record in a courtroom, which can be invaluable lessons in their development as lawyers.  It also solidifies their passion for pro bono work, and sets them on a lifetime course of helping low-income clients.

How CAP Changed Me

I participated in CAP during the summer after my second year of law school. Paired with another law student, and under the supervision of a Sanctuary CAP staff attorney, I helped a high school student obtain an Order of Protection against her ex-boyfriend, who had attacked her in school several times.

I learned valuable skills in legal writing and courtroom advocacy and, more importantly, I was able to successfully advocate for a client. The experience and her gratitude for my help left a lasting impression. I returned to Sanctuary for an externship the following spring, and I have continued my involvement while working at a law firm by serving on Sanctuary’s Pro Bono Council and representing another Sanctuary client pro bono.

Protect the Violence Against Women Act

Today, funding for this critical program is in danger due to potential budget cuts recommended by the current federal administration. Since its founding in 1997, CAP has been almost entirely funded by grants under The Violence Against Women Act (VAWA).

VAWA classifies domestic violence and sexual assault as federal crimes and funds programs that provide life-saving services for victims, including legal and criminal justice services, counseling, housing, prevention programs, and much more. The current administration is intent on cutting the budget for the Department of Justice (among many other agencies), which could very well include cutting or eliminating VAWA grants that are funded through the Department of Justice budget—something that President Trump has indicated a willingness to do. Such action would jeopardize the future of CAP.

Without CAP, thousands of clients like Ana would be less safe, and thousands of law students would be denied the invaluable experience of advocating for vulnerable clients. In Ana’s words, “[CAP] gave me a reason to stand up and fight.”

Now, it is time to stand up and fight for the program that has helped Ana and thousands of others take their first steps toward freedom.

What You Can Do

Tell your Representatives that you want them to make a strong public statement now that they will never approve a budget that reduces VAWA funding.

  • Schedule a meeting with your Representative to discuss the importance of VAWA, or see if there are any town halls you can attend and ask them to fight for VAWA funding now.
  • Call, write/e-mail, and tweet.

Ask your networks to advocate – spread the word to your contacts and ask them to advocate on behalf of VAWA.

Organize an informal “30 minutes of activism” breakfast or lunch.

  • Use these talking points to educate attendees on the issue, explain its importance to you, and ask them all to call, tweet, email, etc. together during the 30 minutes.

Post this article on social media and send it to your contacts.

Draft Op-eds. Use your connections to get op-eds published and get the issue out there!

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Together we can make sure victims like Ana have access to the lifeline that she had. Take a stand today to preserve VAWA and its critical life-saving funding.