Domestic violence encompasses a broad range of crimes. It is an act or pattern of abusive behavior which keeps one partner in a position of power over the other partner; a parent over a child, a sibling over another sibling or a child over a parent. Abuse can be exerted through the use of fear, intimidation and control. Child abuse, elder abuse and spousal/partner abuse are the most common forms of Domestic violence. Animal abuse is also classified as domestic violence. Domestic violence crimes include acts of the following:

1. Physical abuse - which entail grabbing, pinching, shoving, slapping, hitting, hair pulling, biting, etc.or denying medical care or forcing alcohol and/or drug use.
2. Sexual abuse - which entail coercing or attempting to coerce any sexual contact without consent, e.g., marital rape, forcing sex after physical beating, attacks on sexual parts of the body or treating another in a sexually demeaning manner.
3. Economic abuse - which entail making or attempting to make a person financially dependent, e.g., maintaining total control over financial affairs, withholding access to money or assets, denying food or medications, forbidding attendance at school or employment.
4. Emotional abuse - which entails undermining a person's sense of self-worth, e.g., constant criticism or talking to them harshly, belittling one's abilities, name calling or damaging a person's relationship with their children or pets.
5. Psychological abuse - which entail causing fear by intimidation, threatening physical harm to self, partner or children, destruction of pets and personal property, mind games or forcing isolation from friends, family, school and/or work.

Domestic violence crimes range from harassment to sexual assault to kidnapping. The least serious crime being classified as a violation (which is not a crime) to most serious being an A-I felony. Domestic violence crimes are typically prosecuted in Criminal Court, while some may be prosecuted in Family Court, i.e. where there is finding of a violation of an Order of Protection.

Integrated Domestic Violence Court ("IDV"):

This court is a hybrid part, combining Supreme Court, Family Court and Criminal Court all in an effort to address the intricate and sensitive issues that surround domestic violence cases. Cases that start as either a contested divorce, child custody, child visitation, abuse/neglect cases may be transferred to the IDV part if one or both of the parties are arrested for a domestic incident subsequent to the case commencement. The parties involved in IDV cases are those currently or formerly involved in an intimate relationship, including same-gender couples; legally married to one another; formerly married to one another; that have a child in common regardless of whether such persons have been married or have lived together at any time; and related by consanguinity or affinity.

The court personnel ensure that there is adequate security personnel, who are all trained in the area of domestic violence and who can identify and respond to potentially volatile situations; that needed services are available to victims; there is a safe waiting area staffed with an advocate offering an array of domestic violence services for victims and their children and that there is no contact between the abuser and victim while they wait for the court proceeding.

Domestic Violence services provided include advocates who provide safety planning, counseling and referral/information on obtaining basic needs, i.e. housing and a whole range of other related social services. The IDV Courts partner with local independent domestic violence agencies to provide coordinated on-site advocacy services.

Order of Protection Issued in Criminal Court or IDV Court:

An Order of Protection, which is a court order, can set limits on the abuser's behavior including directing him/her to stay away from the victim and their children, and to compensate them for medical care, property damage, and attorney fees. While an order cannot guarantee safety, it can give some protection. The abuser can be arrested if he/she violates the conditions in the order and charged with any relevant crime, i.e. criminal contempt. The term or duration of your order will depend upon circumstances and whether the order is issued by Family or Criminal Court. The term in Criminal Court is typically two years.

1. Unlike Family Court Order of Protections, a Criminal Court or IDV issued Order of Protection may be granted even if there is no familial relationship or children between the parties. Criminal Court or IDV Orders of Protection are only issued when an arrest was made, unlike Family Court Orders of Protection when the victim goes to court and files a petition for an Order of Protection.
2. A criminal proceeding is for the purpose of prosecuting the offender and can result in criminal conviction, incarceration, probation, imposition of fines and/or issuance of a Permanent Order of Protection against your abuser.
3. Where a either court issues an Order of Protection, or where the offender violates such an order, the court may suspend or revoke a firearm license possessed by your abuser, order him/her ineligible for such license, and order the immediate surrender of any firearms he/she owns or possesses.
4. Upon a finding that the offender violated the Order of Protection and, therefore, held in contempt of court, a Criminal Court or IDV judge may modify or issue a new Order of Protection; release the offender on bail; restore the case to the court calendar and commit the offender to custody; impose probation or imprisonment, impose bail or order the forfeiture of bail; order the offender to pay reasonable and necessary counsel fees, and/or sentence the offender to up to six months in jail. However, if the Family Court hears the violation of a Family Court Order of Protection, that judge may make a finding against the abuser for contempt of court and refer the case to the District Attorney for prosecution in Criminal Court.

Commencement of a Domestic Violence Case in Criminal Court or IDV Court:

Criminal Court or IDV cases start in one of two ways. The primary way is if the police arrest the abuser. After pre-arrest, arrest and arraignment (see Stages of Misdemeanor Criminal Case or Stages of Felony Criminal Case) a Temporary or Final Order of Protection will probably be issued. If a temporary order of protection is issued at the arraignment, it will generally be valid only until the next court date. A new order of protection must be requested on each court date. The order of protection may be a limited order, where there may be some contact between the parties but restrictions as to when and where or it may be a full order, where contact between the parties is prohibited. If the order of protection prohibits contact between parties who have children together, the order of protection should include a provision for Family Court visitation.

The second way a case can start in Criminal Court or IDV is through the Court Dispute Referral Center (CDRC). The CDRC reviews situations where there has been no arrest, but a victim believes a crime was committed and wants to start a case against the abuser. The victim must first report the incident of abuse to the police and obtain a complaint report number. A CDRC screener will then listen to the information provided. The screener will discuss the options, including the differences between a Family Court and Criminal Court proceeding. If grounds for a criminal charge exist, and the victim wishes to proceed in that court, the screener will recommend that the case be reviewed by the District Attorney's office. An Assistant District Attorney has discretion as to whether a case should be prosecuted, so a complaint might not be accepted at all. If it is not prosecuted, it might be referred back to the precinct so that an arrest can be made, or it might be referred to the court to start the criminal action without an arrest (which is rare in NYC). If the Assistant District Attorney decides to start a criminal action without first seeking an arrest, he or she will write up a criminal complaint. If approved, the court will authorize the filing of the criminal complaint and issue a summons and may also issue an order of protection. These documents must be personally served on the abuser by the sheriff's office or an adult over the age of 18 years. In some instances the Assistant District Attorney may have the police arrest the defendant. In either case, the defendant will have to appear in court for arraignment and the case will then proceed like any other prosecution.

Domestic Violence Crimes:

1. Misdemeanor Assault & Battery and Felony Assault & Battery
2. Criminal Trespass
3. Harassment
4. Reckless Endangerment
5. Misdemeanor Fraud & Forgery and Felony Fraud & Forgery
6. Misdemeanor Theft & Larceny and Felony Theft & Larceny



7. Sexual Assault & Child Sexual Abuse
   
   Rape, criminal sexual act or sexual abuse is a form of domestic violence when a person engages in sexual intercourse with another person (related by blood or marriage) who is incapable of consent by reason of their age or when he/she uses forcible compulsion. Depending on the age of the abuser and the age of the victim, these crimes can be classified as an "E", "D" or "B" felony.
   
   Child sexual abuse is when over a period of not less than three months, a person engages in two or more sex acts with a child, less than eleven or thirteen years old. The age of the abuser and the age of the victim determines the classification of the crime, as either a "D" or "B" felony.



8. Kidnapping & Unlawful Imprisonment
   
   Unlawful imprisonment is a form of domestic violence when a person restrains another person (related by blood or marriage). Unlawful imprisonment is a class "A" misdemeanor. If the victim is exposed to a risk of serious physical injury then it becomes a class "E" felony.
   
   Kidnapping is when a person abducts another person (related by blood or marriage). Kidnapping is a class "B" felony. If the kidnapper restrains the victim for twelve hours or more and with the intent to inflict physical injury or to accomplish the commission of a felony or to terrorize the victim or a third person or the victim dies, then kidnapping becomes an "A-I" felony.



9. Menacing & Reckless Endangerment
   
   Reckless endangerment is a form of domestic violence when a person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. Reckless endangerment is a class A misdemeanor. When a person, under circumstances evincing a depraved indifference to human life, recklessly engages in conduct which creates a grave risk of death to another person, the crime is a class "D" felony.
   
   Menacing is a form of domestic violence when he/she intentionally places or attempts to place another in reasonable fear of physical, serious physical injury or death; when he/she repeatedly follows another or commits acts over a period of time that places another in reasonable fear or violates a order of protection that was served upon him/he or that he has knowledge from being present in court when it was issued. Menacing may be a "B" or an "A" misdemeanor.



10. Criminal Mischief
    
    Criminal Mischielf is a form of domestic violence when a person, having no right to nor reasonable belief that he/she has a right to, intentionally damages property of another (related by blood or marriage) or recklessly damages property of another. The value of the property damaged classifies the crime as either an A misdemeanor or an "E", "D" or "B" felony.



11. Endangering the Welfare of A child or Elderly Person
    
    Is when a person knowingly acts in a manner likely to cause injury to the physical, mental or moral welfare of a child less than seventeen years old or directs/authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health; or as a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming an "abused child," a "neglected child," a "juvenile delinquent" or a "person in need of supervision," as defined by the Family Court Act. Endangering the welfare of a child is a class "A" misdemeanor.
    
    Endangering the welfare of a vulnerable elderly person is when a person, being a caregiver for a vulnerable elderly person, with intent to cause physical injury to such person, he or she causes such injury to such person; or he or she recklessly causes physical injury to such person; or with criminal negligence, he or she causes physical injury to such person by means of a deadly weapon or a dangerous instrument; or he or she subjects such person to sexual contact without that person's consent. Endangerning the welfare of a vulberalbe elderly person is a class "E" felony. If "serious" physical injury is caused, then the crime is a class "D" felony.



12. Stalking
    
    Is a form of domestic violence when a person intentionally engages in a course of conduct that is likely to cause a reasonable fear of material harm to the physical health, safety or property of another or that person's immediate family or someone acquainted to that person; or if causes material harm by telephoning the person or showing up at that person's place of employment. Stalking is a "B" or an "A" misdemeanor. If a weapon is used while committing the act or physical injury is caused in commission of such crime, the crime is classified as an "E" or "D" felony.

Criminal Contempt:

Criminal contempt is when a person engages in disorderly behavior or other disturbance while court is in session directly interrupting the proceeding; conduct; intentional disobedience or resistance to the lawful process or other court process; unlawful refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any legal and proper interrogatory; or knowingly publishing a false or grossly inaccurate report of a court's proceeding. Criminal contempt in the second degree is a class A misdemeanor.

When a person violates a duly served order of protection or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued or an order of protection issued by a court of competent jurisdiction in this or another state by

• intentionally placing or attempting to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol or other firearm or by means of a threat or threats, by repeatedly following such person or engaging in a course of conduct or repeatedly committing acts over a period of time, or by communicating or causing a communication to be initiated with such person by mechanical or electronic means or otherwise, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication; or



• with intent to harass, annoy, threaten or alarm a person for whose protection such order was issued, repeatedly makes telephone calls to such person, whether or not a conversation ensues, with no purpose of legitimate communication, strikes, shoves, kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same; or



• by physical menace, intentionally placing or attempting to place a person for whose protection such order was issued in reasonable fear of death, imminent serious physical injury or physical injury; or



• if under sections two hundred forty and two hundred fifty-two of the domestic relations law, articles four, five, six and eight of the family court act and section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, which requires the respondent or defendant to stay away from the person or persons on whose behalf the order was issued, and where the defendant has been previously convicted of the crime of criminal contempt in the second degree by violating an order of protection as described herein within the preceding five years; or



• intentionally or recklessly damages the property of a person for whose protection such order was issued in an amount exceeding two hundred fifty dollars. These acts constitute criminal contempt in the first degree which is a class E felony.

The highly sensitive area of law requires an experienced attorney that has background and training in domestic violence. Domestic violence criminal cases typically have related cases in family law that all interrelated and may impact the outcome of each other. Our office will provide representation in all areas of your domestic violence case, with knowledge, training and a comprehensive approach to effectuate an outcome that addresses all of your concerns. See the other family law areas we practice.

We also handle:

• Domestic Violence & Child Custody/Visitation
• Domestic Violence & Divorce
• Domestic Violence & Abuse/Neglect Proceedings

Contact our office to get a free phone consultation.