Gilmer Law Firm PLLC | Brooklyn, NY | 718-864-2011
Human trafficking is a hidden crisis taking place in every community—including right here in Brooklyn. Family law attorneys are often the first professionals to encounter signs of trafficking, especially in cases involving custody, orders of protection, or child neglect. Recognizing the signs, connecting survivors to resources, and providing client-centered legal representation can make the difference between prolonged victimization and true freedom.
This guide is designed to help legal professionals and community advocates understand how trafficking is defined under New York law, how to identify survivors, and what tools and resources exist to support them.
1. What is Human Trafficking?
Many people picture human trafficking as someone being smuggled across international borders or chained in a basement. While such cases exist, they are rare. In reality, most trafficking survivors know their traffickers—who may be intimate partners, family members, friends, or members of their own community.
Human trafficking is distinct from human smuggling. While smuggling involves illegal border crossings, trafficking is about exploitation—whether for sex, labor, or other forms of control—through the use of force, fraud, or coercion. Trafficking can and does occur entirely within the United States, including in New York.
Under New York State law, both sex and labor trafficking are criminalized. The law defines trafficking as profiting from or advancing prostitution or forced labor while using coercion, deception, or abuse of power. Coercion can take many forms, including:
- Threats of violence to the survivor or their loved ones
- Withholding of immigration documents or threats of deportation
- Emotional manipulation, such as withholding affection or love
- Threats to expose secrets or shame the survivor publicly
- Drug dependency, used to control a person’s behavior
- Forcing someone to engage in prostitution to satisfy a debt
In 2018, New York also criminalized the sex trafficking of children under 18, aligning with federal law that recognizes all commercial sexual exploitation of minors as trafficking—even without proof of coercion.
Traffickers often target people experiencing economic hardship, substance abuse, homelessness, or rejection from their families—especially LGBTQ+ youth and immigrants.
2. Identifying a Survivor: Red Flags
Survivors rarely identify themselves as victims of trafficking. Family law attorneys must be alert to subtle signs that could indicate a trafficking history or ongoing exploitation. Red flags may include:
- A partner, family member, or “friend” who speaks for the client or controls their movements
- Inconsistencies in the client’s story or an inability to explain income, housing, or employment
- Unexplained injuries, signs of physical restraint, or fearfulness
- Tattoos or “branding” symbols that could indicate ownership by a trafficker
- No access to identification or documents
- Frequent moving or unstable housing
- Children who lack regular schooling or medical care
- A history of arrests for prostitution or low-level offenses
- Reluctance to accept help or fear of law enforcement or ACS involvement
In family court, survivors may appear angry, defensive, or distrustful. These behaviors are often trauma responses—not signs of dishonesty or guilt. They may fear that reporting abuse will result in ACS removing their children, or that the trafficker will retaliate.
Sometimes, court proceedings are the only time survivors are allowed to be alone—traffickers may allow court appearances but closely monitor every other aspect of their lives. Attorneys must take these moments seriously and use them as opportunities to build trust.
3. Resources Available to Survivors and Their Families
Fortunately, New York City is home to a network of dedicated organizations offering support for survivors of human trafficking. Family law attorneys should maintain strong connections with these agencies to provide holistic referrals. Some key resources include:
Sanctuary for Families
Offers comprehensive legal services, trauma counseling, shelter, economic empowerment programs, and immigration assistance to survivors of gender-based violence, including trafficking.
Restore NYC
Specializes in serving adult female survivors of sex and labor trafficking. They offer case management, housing, job training, and trauma counseling. Restore NYC also partners with law enforcement and legal providers.
The Empower Center
A joint effort by NYC Health + Hospitals and Sanctuary for Families, the Empower Center offers wraparound services including medical care, mental health counseling, economic empowerment, legal advocacy, and peer navigation to survivors of commercial sexual exploitation.
Safe Horizon Anti-Trafficking Program
Provides emergency shelter, legal assistance, and case management to trafficking survivors regardless of immigration status.
The National Human Trafficking Hotline
(1-888-373-7888) Available 24/7 to provide support and connect individuals to services.
Survivors may also be eligible for emergency housing vouchers, public benefits, trauma therapy, and employment training. Survivors with children often benefit from ACS-advocacy services, parenting programs, and family-based case management.
When family court attorneys collaborate with social workers, case managers, and peer navigators, they can offer their clients not just legal representation—but a path to healing and stability.
4. Legal Remedies Available to Survivors
Survivors of human trafficking face numerous legal challenges—some stemming directly from their exploitation. Fortunately, both state and federal laws provide powerful remedies. As family law attorneys, we can help survivors assert their rights in the following ways:
Vacatur of Convictions – CPL § 440.10(1)(i)
Survivors may petition the court to vacate convictions that occurred as a direct result of trafficking, including prostitution and related charges. This remedy helps survivors clear their criminal records and rebuild their lives without stigma or legal obstacles.
Originally limited to prostitution-related crimes, New York’s “Start Act” now permits vacatur of any offense resulting from trafficking, including drug possession or theft.
Immigration Relief – T Visas and U Visas
Survivors who are undocumented may qualify for a T visa (trafficking) or U visa (victims of qualifying crimes). The T visa provides four years of legal status, work authorization, public benefits eligibility, and a pathway to a green card. It also allows survivors to petition for certain family members to join them in the U.S.
To qualify, survivors must:
- Be a victim of trafficking
- Be present in the U.S. because of that trafficking
- Cooperate with law enforcement (with some exceptions for minors or trauma)
- Show they would suffer extreme hardship if removed
Orders of Protection
When the trafficker is an intimate partner or family member, survivors may file for a Family Court order of protection under Article 8 of the Family Court Act. This legal tool can remove the trafficker from the home and provide safety for the survivor and their children.
Custody and Visitation
Many survivors share children with their trafficker. Family law attorneys can advocate for sole custody or supervised visitation to protect the survivor and prevent the trafficker from using family court to exert control.
ACS Advocacy and Family Defense
Traffickers often weaponize ACS involvement to further control their victims. Survivors may fear losing custody if they disclose abuse. Attorneys must educate the court about trafficking dynamics and argue for supportive rather than punitive interventions.
5. What Is Trauma-Informed Representation?
Trauma-informed legal representation is not just a buzzword—it is a necessary framework when working with survivors of trafficking. Trauma-informed practice means:
- Recognizing that trauma affects every aspect of a survivor’s behavior and decision-making
- Building trust slowly, through consistency, honesty, and respect
- Avoiding re-traumatization by explaining legal processes clearly and checking for consent at each step
- Validating the survivor’s experience without demanding every detail
- Understanding that legal goals may change as survivors gain stability
- Collaborating with social workers and peer navigators
- Respecting a survivor’s agency and right to self-determination
Family law proceedings can replicate dynamics of control—clients are told where to sit, when to speak, and often feel voiceless. Attorneys must counteract this by empowering clients to make informed choices and affirming their humanity at every step.
As one peer navigator explained: “I treat my clients like royalty. I ask for their consent constantly because they’re building their voice and learning to trust again.”
Trauma-informed care also includes cultural competence. A survivor’s identity—including race, gender, language, immigration status, and culture—shapes their experience of trafficking and their healing process. Attorneys must be sensitive to these factors and not rely on stereotypes or assumptions.
Final Thoughts
The work of representing survivors of human trafficking is complex, challenging, and deeply rewarding. At The Gilmer Law Firm PLLC, we know that attorneys play a crucial role not only in securing legal protections but also in creating safe spaces for survivors to heal and thrive.
Whether you are representing a mother seeking custody of her child, defending against an ACS petition, or helping someone vacate a conviction, your advocacy matters. Survivors of trafficking often walk into our offices with fear, shame, and hopelessness. With the right tools and mindset, we can help them walk out with safety, dignity, and hope.
For more information or to schedule a consultation, contact:
Gilmer Law Firm PLLC
15 MetroTech Center, 7th Floor
Brooklyn, NY 11201
📞 718-864-2011
