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
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.
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.
Enumerated predicate offenses including harassment, assault, menacing, reckless endangerment, stalking, sexual misconduct, forcible touching, and identity theft.
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.
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.
Reimburses victims for medical, counseling, and economic losses. Application within 1 year of crime (extendable).
State law
Official Sources
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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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