Simpson Thacher Obtains Appellate Victory and Five Year Final Order of Protection for Domestic Violence Survivor Client
07.01.24
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Simpson Thacher secured vital protections for a domestic violence survivor in a successful appeal to the New York State Appellate Division: Second Department which resulted in entry of a final, five year order of protection for the Firm’s client, who suffered years of abuse at the hands of her ex-husband. Simpson Thacher had appealed the lower court’s determination that only a suspended judgment should be entered in petitioner’s case, rather than an order of protection, even though the court had previously found the petitioner’s testimony credible about the physical injuries she suffered as result of her ex-husband’s attacks against her. These included when he used dangerous instruments to whip and strike her, sometimes in the presence of the parties’ child. On appeal, the Second Department unanimously held, as the Simpson Thacher team had argued, that the ex-husband’s acts of abuse constituted “aggravating circumstances” under the law, warranting entry of a five-year final order of protection rather than the suspended judgement. The case was referred to the Firm by Sanctuary for Families.
Litigation Associate Alison Sher briefed the case and appeared at oral argument in the Appellate Division. The Simpson Thacher team also included Litigation Partner Martin Bell and Pro Bono Counsel Susan Cordaro.