July/August Volunteer Feature: Weil Gotshal Provides Critical Pro Bono Assistance to Sanctuary for Families in Miriam
On May 29, 2008, Sanctuary for Families and the law firm of Weil, Gotshal and Manges won a precedent-setting appellate victory in the case of Miriam Marchany v. Warren Marchany. Associates at Weil, Gotshal and Manges worked closely with attorneys at Sanctuary for Families in securing protection for the same-sex partner of a woman who was a victim of violence at the hands of her brother. In particular, Weil attorneys Mark Fiore, Caroline Geiger, and Harris Cohen worked with Sanctuary attorney Brett Figlewski and were crucial in achieving victory in the case.
In October of 2006, Miriam Marchany and her domestic partner of 10 years, Evelyn Diaz, had been gathered with family in the waiting area of the Bronx VA hospital where Miriam's father had just been admitted. Miriam's brother, Warren, entered the room in a rage, screamed expletives at both Miriam and Evelyn, and then punched Evelyn in the face multiple times. Miriam filed for an Order of Protection in Bronx Family Court and was referred to Sanctuary for Families for legal representation. Miriam was represented by Sanctuary staff attorney, Brett Figlewski and Sanctuary Legal Director, Dorchen Leidholdt. After a two-day trial, Miriam was granted a full stay-away Order of Protection against Warren, but the Court rejected her request to have Evelyn included on the Order. In June 2007, Miriam decided to appeal the Court's decision, and the Weil, Gotshal and Manges associates joined Sanctuary and spearheaded the the ensuing appellate brief. The joint legal team argued that it was reversible error for the Court to conflate the jurisdictional requirements of Article 8 of the Family Court Act with its statutory power to issue relief in furtherance of the purposes of protection.
After oral argument by Mark Fiore on May 7, 2007, the Appellate Division, First Department, unanimously ordered that a condition be included in the Order of Protection requiring Miriam's brother, Warren, to stay away from Evelyn and her place of employment. Although the Court declined to remand the case for a potential finding of aggravating circumstances, the holding was a victory for Miriam and other victims of domestic violence, especially LGBT individuals, who desire to protect their partners from abuse: "Indeed, the Family Court has the authority to impose reasonable conditions when they are "likely to be helpful in eradicating the root of family disturbance" (Matter of Leffingwell v Leffingwell, 86 AD2d 929, 930 [1982]), and Family Court Act § 842(a) provides that the Family Court may order respondent to stay away from "any. . .specific location," which under the circumstances should include Ms. Diaz and her place of employment, as it would go toward achieving the purpose of fully protecting petitioner (see Family Court Act § 842[j])."
This legal victory was followed in June by the momentous passage of legislation providing fair access to Family Court for victims of domestic violence. Until now, the jurisdictional requirements of the Family Court Act precluded many victims of domestic violence from seeking a civil protective order. Only those who were married or formerly married to their abusers, had a child in common, or were related by blood or by marriage were able to seek an Order of Protection in Family Court. The new law, expected to be signed by the Governor by the end of July, permits a much broader range of victims of intimate partner violence to seek safety through Family Court, including LGBT victims of domestic violence. This, in conjunction with the Appellate Division's affirmation in Marchany of the broad power of the Court to fashion effective relief for Petitioners against whom family offenses have been committed, may signal heightened societal awareness of various manifestations of violence and greater commitment to legal redress of its effects. Sanctuary for Families is grateful for the commitment of Weil, Gotshal, and Manges to providing excellence in pro bono assistance on this and other cases of critical importance for victims of domestic violence.
Sanctuary for Families is dedicated to serving the needs of domestic violence victims and their children throughout the five boroughs of New York City. Sanctuary's LGBT Domestic Violence Initiative offers direct representation, community outreach, and public policy advocacy on behalf of LGBT survivors. If you would like to get involved, please contact Brett Figlewski at bfiglewski@sffny.org or 212-349-6009, ext. 340 for more information.
