In the eyes of the law, a victim of domestic violence is anyone over the age of sixteen, married people, parents with a child or children under the age of 18, or parents who are victims of a crime and were hurt physically or emotionally by a family member or roommate.
The following are examples of intimate relationships:
Married and divorced couples, domestic partnerships, same-sex couples, dating couples, people who have children in common (including adopted children), people who are unrelated but have lived together for an extended period, family members who are related by blood, and family members who are related by marriage.
When someone reports domestic violence, they may make allegations such as:
Physical and sexual assault, physical restraint or imprisonment, threats of violence, psychological threats, threats of economic abuse, verbal abuse and intimidation, stalking, and harassment.
These are the most often brought criminal charges when someone is accused of domestic abuse:
Assault, Menacing, Stalking, Strangulation, Criminal Obstruction of Breathing, Harassment and Criminal Contempt
USEFUL RESOURCES
• NY Senate Definitions
https://www.nysenate.gov/legislation/laws/SOS/459-A
• NYC Courts
https://www.nycourts.gov/CourtHelp/Safety/DVbasics.shtml
Consider calling the police if you are a victim of domestic violence and are being:
– Physically or sexually abused
– Restrained or jailed
– Threatened with violence
– Psychologically threatened
– Threatened with economic abuse
– Verbally abused and intimidated
– Stalked, or harassed
These kinds of abuse are against the law.
The city’s law enforcement can support you in getting a protective order and can take action against the abuser if a crime has been committed. Contact the NY Police Department at 646-610-5000.
If you are considering reporting your case to the police, it’s important to be prepared for the process. When reaching out to them, it’s helpful to know what to expect. To learn how to report your case, visit https://www.nycourts.gov/LegacyPDFS/FORMS/familycourt/pdfs/8-1.pdf. Remember to stay strong and know that support is available to you.
If you are a victim of domestic violence, you have the right to file a petition for an order of protection.
Filing an Order of Protection with Family Court
With this order, the person who hurt you is not allowed to touch or approach you anymore. An order of protection can help you settle other issues, like child support and custody.
To get an order of protection, start by filing a family offense petition with the Family Court clerk. You can get help from an advocate, or you can do it on your own.
Check out this document to see how you can obtain an order of protection at Family Court:
https://herjustice.org/wp-content/uploads/2018/03/Orders-of-protection-PDF.pdf. To locate a Family Court, go to: https://ww2.nycourts.gov/COURTS/nyc/family/index.shtml
Order of Protection from Criminal Court
Should your abuser find themselves arrested for a crime involving domestic violence, a District Attorney’s Office court will issue an order of protection for you while the abuser is under custody. This will last until the criminal case ends. The criminal court will issue this order even if you requested one in Family Court.
Considering the above, you can have an order of protection from both the Criminal and Family Court. However, if you are divorcing your spouse, you must obtain a protective order from the Supreme Court as part of your divorce proceedings.
USEFUL RESOURCES
• NYS Office for the Prevention of Domestic Violence
https://opdv.ny.gov/orders-protection
• Manhattan’s District Attorney
https://manhattanda.org/order-protection/
• Orders of Protection
https://herjustice.org/wp-content/uploads/2018/03/Orders-of-protection-PDF.pdf
• Mental Health Support
Voces Latinas (Hispanic Community)
Helpline (718) 593-4528
https://www.voceslatinas.org/domestic-violence
Violence Intervention Program (Hispanic Community)
Helpline 1-800-664-5880.
https://www.vipmujeres.org/get-help
Garden of Hope (Chinese Community)
Helpline 1-877-990-8595
https://gohny.org/services
Arab-American Family Support Center
Main Number (718) 643 – 8000
https://www.aafscny.org/our-priorities/preventharm
Sakhi for South Asian Survivors
Helpline (212) 868-6741
https://sakhi.org/get-help
Anti-violence Project (LGBTQ & HIV-affected survivors)
Hotline (212-714-1141)
https://avp.org/get-help/get-support