New York Domestic Violence Laws

Created by FindLaw's team of legal writers and editors | Last reviewed March 26, 2018

In order to facilitate domestic violence victims' access to protective and prosecutorial resources, New York family courts and criminal courts have concurrent jurisdiction over "family offenses" such as assault, sexual misconduct or abuse, stalking, menacing, and strangulation. As a result, victims of domestic violence may bring civil charges in family court, criminal charges in criminal court, or simultaneous actions in both courts. Victims may also apply for an order of protection from either court, including an order that the defendant stay away from the victim and the children involved.

While New York's criminal laws do not differentiate between domestic-violence related crimes and other offenses, it nonetheless criminalizes several violent acts which may occur between members of the same family or household.

Overview of New York Domestic Violence Laws

The chart below contains some additional information on New York's domestic violence laws.

Statutes	New York Penal Law Sections 120.00-120.12 (assault offenses) New York Penal Law Section 120.13 - 120.15 (menacing offenses) New York Penal Law Section 120.45 - 120.60 (stalking offenses) New York Penal Law Sections 121.11 - 121.14 (strangulation offenses) Family Court Act Section 812 (procedures for family offense proceedings)
Definitions	Domestic violence applies to crimes between members of the same family or household which includes those who: are related by consanguinity or affinity; are legally married are formerly married have a child in common have been in an intimate relationship even if not living together
Penalties	Family offenses such as those described above face a wide range of penalties under New York law. For instance, conviction of a violent felony offense such as first-degree assault will impose a sentence of 5 to 25 years in prison or a fine of up to $5,000. First-degree strangulation - another violent felony offense - will result in imprisonment of 3.5 to 15 years or a similar fine of up to $5,000. Offenses including third-degree assault, second-degree menacing, and criminal obstruction of breathing or blood circulation are classified as class A misdemeanors, and thereby punishable by imprisonment of less than 1 year or a fine of up to $1,000.
Defenses	Defenses to a charge of disorderly conduct can include: Justification (for assault where parent uses non-deadly force on children under 21 years old in order to discipline or restrain) Self-defense (for assault where aggressor effectively communicates his or her withdrawal but victim continues the incident through the use of threatened imminent or unlawful physical force) Medical or dental purpose (for strangulation and related offenses) Mental disease or defect

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.