Deputies in the New York City sheriff’s office who serve orders of protection — or “stay away” orders — on behalf of domestic violence victims say they are having trouble keeping up, citing staffing shortages and the diversion of personnel to cannabis enforcement.
Deputies who spoke to Gothamist said they are supposed to make three attempts at different times of day to serve orders of protection, which require the recipient to stay away from the person they are accused of harassing or abusing, at least until the case can be heard in court.
But the deputies said they are often only able to make one attempt because they lack the necessary personnel, and sometimes put off that initial attempt if they have other competing demands.
Ingrid Simonovic, president of the New York City Deputy Sheriff’s Association, raised concerns about orders of protection at a City Council hearing last month on the city’s cannabis enforcement effort. The sheriff’s office is leading the crackdown on illegal cannabis shops, which has become a priority for both Miranda and Mayor Eric Adams.
“We have received hundreds of complaints from New Yorkers demanding to know what’s going on with their orders of protection,” Simonovic told lawmakers at the hearing. “Since when does a cannabis shop closing take priority over safeguarding the lives of women who are victimized by domestic violence?”
Four other deputies voiced the same concerns in interviews with Gothamist. They requested anonymity because they feared retaliation from Sheriff Anthony Miranda.
“Deputy sheriffs are required to follow all legal mandates, with supervisors in place on multiple levels to ensure their responsibilities are being carried out properly,” Ryan Lavis, a spokesperson for the Department of Finance, which includes the sheriff’s office, said in a statement emailed to Gothamist on Thursday.
The deputies’ concerns arise as Adams has celebrated Miranda for leading the effort to shut down more than 1,100 unlicensed weed stores since May.
Deputies who spoke to Gothamist expressed concerns about Miranda’s focus on cannabis enforcement and emphasized that they have a wide range of other civil enforcement tasks to carry out, including executing evictions and transporting people to the hospital for court-ordered psychiatric assessments. Multiple deputies said their workload can be overwhelming, given the office’s limited personnel.
Overall, there are just under 200 employees currently working in the sheriff’s office, and over 100 budgeted positions are unfilled, according to the agency.
“To address attrition and other staffing issues dating back to prior administrations, this administration held a deputy sheriff’s examination in April 2023 — the first since 2017 — and we are anticipating a new class of approximately 90 recruits this fall,” Lavis said in the statement.
Only about 30 employees from the sheriff’s office are assigned to cannabis enforcement, Miranda said at the City Council hearing. But deputies who are not specifically assigned to that operation say they are still sometimes directed to go inspect a shop, which pulls them away from other duties.
Miranda sent staff a memo addressing Simonovic’s comments at the City Council hearing, which a sheriff’s office employee shared with Gothamist.
“It is the position of the sheriff’s office that all personnel have been compliant with the law and the sheriff’s office is not aware of any misconduct,” Miranda wrote in the Sept. 23 memo. “Due to the serious nature of the allegations, we are providing clarity that all legal requirements for the service of orders of protection are mandated to be followed.”
Miranda went on to say in the memo that he had “referred this matter to the Department of Investigation for immediate action.”
Diane Struzzi, a spokesperson for the city’s Department of Investigation, confirmed that the sheriff has “referred to DOI concerns about the proper serving of orders of protection and DOI is reviewing that referral.”
Sheriff’s deputies who spoke to Gothamist said they have received directives in recent weeks to make three attempts to serve orders of protection. But they said it’s still a challenge due to staffing levels and Miranda’s decisions about how to distribute personnel.
Simonovic said in a phone call with Gothamist that deputies prioritize orders of protection that require someone to be removed from their home. But she said sometimes other types of orders of protection get pushed to the last minute, since they can be served up until the day before the scheduled court date.
The Department of Investigation is also currently investigating the sheriff’s office for allegedly failing to properly account for cash seized during cannabis raids.