Domestic Violence in New York

Domestic Violence is generally accepted to encompass a pattern of behavior by one or both partners in an intimate relationship that is characterized by any one of a number of abusive behaviors.

Although the term "domestic violence" is the most common term for the phenomenon, it is also commonly regarded to include spousal abuse, family violence, domestic abuse and intimate partner violence.  Although many people assume that the terms require a marital or cohabitational relationship, domestic violence can occur in a dating relationship as well.  While abuse and violence directed towards one's offspring is technically within the general concept of domestic violence, it is usually referred to as "child abuse."

The common denominator of domestic violence is aggressive abuse.  There are many specific behaviors that can be acts of domestic violence, including hitting, kicking, biting, shoving, slapping, burning, beating, threatening, emotionally abusing, controlling, domineering, intimidating, economic deprivation or neglect.  Oftentimes, there is a pattern of alcohol or substance abuse that helps aggravate the abusive practices.

In New York, domestic violence is prosecuted under numerous different sections of the New York Penal Law.  The most common sections involve assault and homicide although sometimes, prosecutors creatively choose to bring prosecutions involving various sex offenses, kidnapping and burglary.  Generally, the crimes are dealt with more seriously than the same charge allegedly committed in a non-domestic violence context.  In fact, Queens County has two domestic violence parts in the Criminal Court and an Integrated Domestic Violence Part in the Supreme Court where only domestic violence prosecutions are brought.  If you are arrested on a charge of domestic violence, you owe it to yourself to hire an experienced domestic violence lawyer.