New York Domestic Violence Laws

Crime hits close to home when a family member is a victim. It’s even more upsetting when the offense occurs between two family members. Domestic violence incidents are referred to as family offenses in New York. These cases focus on victims and abusers who share a close relationship. This often makes the fallout even more devastating.

New York has laws in place to combat domestic violence. They include criminal laws to hold violent offenders accountable for their actions. Civil laws also provide certain protections to victims.

If domestic abuse is part of your life, understanding the statutes can make your life easier. In this article, we’ll learn what constitutes domestic violence in New York, the different types of protections available, and the punishments abusers can face. Read on for a better grasp of domestic violence in New York.

Domestic Violence in New York: What Is It?

Unlike some states, New York does not have a crime called "domestic violence." Two elements must be present for a criminal act to be considered domestic violence in New York: (1) a criminal offense and (2) a domestic relationship.

This classification allows victims access to specialized forms of protection, so knowing the legal definition of domestic abuse in the state is essential. Let’s examine each aspect together.

New York and Domestic Violence: Eligible Crimes

A common theme found in offenses that qualify as domestic violence is control. Abusers gather and maintain control and power over their victims through a variety of abuse types. While an abused and battered spouse is often the first image that comes to mind when domestic abuse is mentioned, physical harm is not the only method used by abusers.

In New York, there’s no single crime that’s defined as domestic violence. Instead, any of the following offenses can qualify when the offender commits the crime against a family or household member:

• Assault
• Coercion (second or third degree)
• Criminal mischief
• Criminal obstruction of breathing or blood circulation
• Disorderly conduct
• Forcible touching
• Grand larceny (third or fourth degree)
• Harassment
• Identity theft (first, second, or third degree)
• Menacing
• Reckless endangerment
• Sexual abuse (second or third degree)
• Sexual misconduct
• Stalking
• Strangulation

These crimes carry penalties that include class A misdemeanors, class B misdemeanors, and felony charges. If a crime is committed but the parties don’t fit the definition of family or household members, it’s still a crime. Offenders can face prosecution whether the act is a family offense or not.

When an offender has one prior conviction for a family offense and is charged with a new misdemeanor offense against a family or household member, the new crime can be pursued as an aggravated family offense, a class E felony. Class E felonies can result in up to 4 years in prison plus fines and costs.

When an offender violates a protective order, they can face charges of criminal contempt. Depending on their conduct, they may face anywhere from a Class A misdemeanor to a Class D felony. Class D felonies can result in up to seven (7) years in prison plus fines and costs.

New York and Domestic Violence: Family Members

A qualifying offense is only half of the domestic abuse equation. To fall under the domestic violence classification, the people involved must share one of a subset of relationships that include family and household members. Given that the term "domestic" refers to family and home, the available associations shouldn’t be surprising:

• Spouses
• Former spouses
• Have a child in common
• Related by affinity (blood relative of a spouse, like a sister-in- law or mother-in-law)
• Blood relatives (consanguinity)
• In an intimate relationship (do not need to be living together)
• Had a past intimate relationship

If necessary, a court will decide if a relationship qualifies as domestic. For example, coworkers who are friendly at work but don’t see each other elsewhere wouldn’t be eligible, but if they dated for a while, the court might consider it.

Domestic Violence in New York: Protection for Victims

The priority in domestic violence cases is getting the victim in a safe place and keeping the abuser away from them. If you’re in danger, call 911. While no court order is guaranteed to work every time, New York’s combination of protective orders and programs can help victims find a path to a life without abuse. Let’s take a look at how these protections work.

Domestic Violence Orders of Protection

One of the most effective defenses available to domestic violence victims is an order of protection. Often referred to as restraining orders, these court orders offer immediate relief to victims of domestic abuse. They’re designed to address specific issues in each case with provisions to keep the abuser away.

Orders of protection in New York can come from different courts. Which one is used will depend on the situation.

If the police respond to a domestic disturbance call and arrest your abuser, the order of protection may be issued by a criminal court. As a victim, you may provide input. The decision whether to issue the order falls to the court and is out of your hands. Either law enforcement or a district attorney will petition the court for the order.

The protections in the criminal protective order are for your safety and often center on the abuser not making contact with you as a provision of bail or probation. Even if you don’t want an order, you can’t stop it from happening. Criminal case orders generally last until the end of the case. Where an offender pleads guilty or is convicted, the offender’s sentence may contain a "no contact" provision as part of the sentence.

You will be the petitioner for an order of protection in a family court. Your request can be sent to a criminal court if the family court is closed. Some districts have a system in place for petitions when court is closed. In most circumstances, you can file for a Temporary Ex Parte Order of Protection through a domestic violence advocate or in person at a courthouse.

In addition to personal information, you’ll list the types of domestic abuse suffered and instances that occurred. You’ll also request the protections you hope to receive. There are several common conditions that appear in these orders. They include:

• Ordering the abuser (respondent) to stay away from your home, workplace, school, and your family members
• Establishing safe child visitation protocols
• Not abusing, harassing, threatening, or intimidating you or any other designated people
• Scheduled appointment for retrieval of personal items
• Ordering the respondent into a batterer’s education program at their expense
• Restitution for any medical expenses stemming from the domestic violence
• Ordering the respondent to refrain from committing any harm to your domestic animals
• Returning any identification papers
• Ordering the respondent to surrender all firearms

The court can impose any other condition necessary for the victim’s safety. Temporary orders go into immediate effect if approved. The judge does not need to speak with the respondent. The temporary order needs to be served to the respondent. You can’t serve them yourselves, but either law enforcement or any other adult can do so.

The temporary order stays in effect until the final court hearing on the permanent order. At the hearing, both the abuser and the victim present their evidence. To issue a Permanent Order of Protection the court must find by a preponderance of the evidence that the offender engaged in the family offense and the parties’ relationship fits the definition of family or household member. The court must find that the threat of future harm still exists. A final protection order can have the same conditions as the temporary order, be amended, or have additional terms added.

A permanent order can last up to two years if it contains any conditions for child custody or child support. Under certain circumstances, duration can last up to five years.

All protective orders issued in New York are valid anywhere in the United States under federal law. For more information on orders, take a look at FindLaw’s New York Protective Orders Laws article.

Address Confidentiality Program

For victims who flee their abuser, New York has a way to keep their new location hidden. The Address Confidentiality Program offers victims of domestic violence and other crimes a secondary mailing address, which is used for all public records. First-class mail is forwarded to the victim’s actual address. There is no cost to use this program.

Breaking Leases and Changing Locks

Victims seeking to escape domestic violence have the legal right to terminate a lease under New York law. 30 days’ notice is required, as is showing the landlord the order of protection. Once any owed back rent is paid, the victim can break the lease without penalty.

While New York State doesn’t have a law in place requiring landlords to replace locks after domestic violence instances, some locales have made provisions. In New York City, Safe Horizon will replace the locks of victims of domestic violence and other abusive crimes for free.

Domestic Violence in New York: Violations and Punishments

There’s zero tolerance for violation of domestic violence orders of protection in New York. Breaking or ignoring a condition in an order of protection may lead to charges of criminal contempt of court and carries the potential for a jail sentence. This is in addition to the punishment for any convictions associated with crimes committed during the violation.

New York follows a doctrine of mandatory arrests for violations of orders of protection. They are required to arrest abusers for any violations, even if they don’t witness the criminal acts. This applies to misdemeanors as well as felony offenses.

New York Domestic Violence Laws: Recap

The chart below offers a summary of the information above, along with links to domestic violence codes under New York Law.

Note: New York state laws are subject to change through the passage of new legislation, rulings in the higher courts that include 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 New York state law(s) you are reviewing.

New York Domestic Violence Laws: Related Resources

• New York State Courts Family Offenses/Domestic Violence Help
• National Domestic Violence Hotline (800.799.7233)
• New York State Coalition Against Domestic Violence
• Approved New York Domestic Violence Service Providers
• Domestic Violence FAQ
• Domestic Violence and Guns

Need Help With a Domestic Violence Case? Talk to an Attorney Today

Victims of domestic violence live in fear of physical injury, sexual assault, and other types of abuse. If you’re ready to stop living in fear, call 911 and get help from a domestic violence advocate. A New York family law attorney can also be a tremendous aid. They can offer legal advice and help you find safety.

If you’re facing criminal charges involving an intimate partner or a family member, consider talking to a New York criminal defense attorney right away. Their legal advice may help you avoid a criminal record or get the best outcome possible.