Understanding New York Domestic Violence Law: A Simple Guide

What New York Law Prohibits

In New York, domestic violence isn’t one specific crime – it’s when someone commits certain crimes against a family member, intimate partner, or household member. The most common charges include assault, harassment, stalking, and criminal contempt.

Common domestic violence charges include:

• Assault: Intentionally causing physical injury to a family/household member
• Harassment: Repeatedly annoying, alarming, or threatening a family/household member
• Stalking: Following or repeatedly contacting someone in a way that causes fear
• Criminal Contempt: Violating an order of protection

Penalties Under New York Law

The punishment depends on the specific crime and degree:

Harassment (Class B Misdemeanor):

• Up to 90 days in jail
• Up to 1 year probation
• Fines up to $500

Assault Third Degree (Class A Misdemeanor):

• Up to 1 year in jail
• Up to 3 years probation
• Fines up to $1,000

Assault Second Degree (Class D Felony):

• 2 to 7 years in prison
• Up to 5 years probation
• Fines up to $5,000

Criminal Contempt (Class A Misdemeanor to Class D Felony):

• Up to 1 year in jail (misdemeanor) or 2 to 7 years in prison (felony)
• Probation
• Fines up to $1,000 or $5,000

What the State Must Prove in New York

To convict someone of domestic violence in New York, prosecutors must prove these elements:

For All Domestic Violence Cases:

1. Relationship: The defendant and victim have a qualifying relationship (spouse, former spouse, someone they dated, family member, or household member)
2. Underlying crime: All elements of the specific crime charged (assault, harassment, etc.)

For Assault:

1. Intent: The person meant to cause physical injury
2. Physical injury: They actually caused physical injury to the victim

For Harassment:

1. Intent: The person meant to harass, annoy, or alarm the victim
2. Conduct: They engaged in conduct that served no legitimate purpose

For Criminal Contempt:

1. Valid order: There was a valid order of protection in place
2. Knowledge: The person knew about the order
3. Violation: They intentionally violated the order

The state must prove all required elements beyond a reasonable doubt. In New York, domestic violence cases often involve orders of protection, which are court orders that prohibit contact with the victim.