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New York law

Domestic Violence Laws in New York.

New York provides orders of protection through both the Criminal Court (in conjunction with criminal charges) and Family Court (as civil orders without criminal prosecution). Family Court Article 8 authorizes "Family Offense" Orders of Protection for specified crimes between family/household members or intimate partners, with proceedings available without criminal charges. Temporary orders issue ex parte; final orders last up to 5 years (or 8 for aggravating circumstances). Federal firearm dispossession under 18 U.S.C. § 922(g)(8) applies.

Last verified: 2026-04-17

State law

Key New York Statutes

Family Court Article 8 — Family OffenseN.Y. Fam. Ct. Act §§ 811-847

Authorizes orders of protection in Family Court between family or household members, or intimate partners. Temporary orders ex parte; final orders up to 5 years (8 years with aggravating circumstances). Family Court is civil — does not result in criminal conviction.

Criminal Procedure Law Orders of ProtectionCPL §§ 530.11-530.13

Orders of protection may be issued in connection with criminal proceedings. Duration tied to criminal case disposition; final orders post-conviction may extend up to 8 years.

Family Offense Predicate CrimesN.Y. Fam. Ct. Act § 821(1)(a)

Enumerated predicate offenses including harassment, assault, menacing, reckless endangerment, stalking, sexual misconduct, forcible touching, and identity theft.

Domestic Violence Survivors Justice ActN.Y. Penal Law § 60.12

Permits alternative sentencing for survivors of domestic violence convicted of crimes where the domestic violence was a significant contributing factor. Resentencing available for prior convictions.

Adult Survivors Act (2022)CPLR § 214-j

Created one-year lookback window (Nov. 2022 - Nov. 2023) for civil claims based on sexual offenses against adult victims. Provided basis for numerous high-profile civil suits.

Office of Victim ServicesN.Y. Exec. Law § 620 et seq.

Reimburses victims for medical, counseling, and economic losses. Application within 1 year of crime (extendable).

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New York.

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