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We've reached the time of year when Gov. Kathy Hochul begins signing legislation passed by the state Legislature before the end of its session in June.
It's ludicrous to us that this process takes half a year in some cases, particularly when it comes to legislation that was approved with overwhelming legislative support like Kyra's Law (A.6194-C/S.5998). Kyra’s Law is named in memory of 2-year-old Kyra Franchettie, who was shot and killed by her father during a court-ordered unsupervised visit in 2016, and was passed with bipartisan support in the state Legislature this year. It remains unsigned four months after the end of the legislative session and was raised by several local women who spoke with The Post-Journal on their experiences dealing with the aftermath of domestic violence. Kyra's Law doesn't just help women, though. There are cases in which men who have been awarded custody of their children deal with many of the same issues that the sponsors of Kyra's Law are trying to deal with.
Kyra's Law isn't a cure-all for domestic violence, but two of the women who spoke with The Post-Journal said it would likely help make their situations better. Kyra's Law would require courts to conduct a review in custody and visitation proceedings involving allegations of domestic violence, child abuse or substantial risks of harm to a child warranting the court's immediate attention. It would expand the evidence a court considers to include risk factors, such as threats to harm or kill, stalking, violence during pregnancy, unlawful dissemination of intimate images, coercive control and a recent pattern of substance abuse, It would also permit review of certain uncertified records in proceedings for temporary visitation and custody; allow waiver of notice in emergency ex parte applications; and make substantial risk findings a significant factor in custody and visitation determinations. Kyra’s Law would also expand custody and visitation procedures in state Supreme Court by requiring courts to advise parties of counsel rights; require courts to explain on the record the basis for custody and visitation determinations; prohibit adverse inferences against protective parents or assumptions regarding a child's reluctance to interact with a parent; and require recurring judicial training on child safety and domestic violence' issues.
“I can honestly say after being through all of this, the worst agony is watching your child suffer and nobody can help,” said one of the women The Post-Journal spoke with this month. “I literally felt like I could die. That is the worst agony to ever go through; the emotional abuse and fear is worse than the physical. It affects your whole life. They’re not connecting how detrimental this is to children and mothers, what these criminals are doing.”
We say, every October, that we as a society can't simply use the month of October to raise awareness of domestic violence, which is a prevalent issue in our communities for those who see the number of domestic incidents police officers respond to each week. We need to take action. Signing Kyra's Law is an action that can help lessen the weight felt in the aftermath of initial domestic violence incidents – and we really aren't sure why Gov. Kathy Hochul hasn't yet signed Kyra's Law.