1. Start with the Relationship and the Conduct Alleged
“Domestic violence” is not a single criminal offense under New York law. The applicable charges and court procedures depend on the parties’ relationship and the conduct alleged.
Determine Whether Family Court Has Jurisdiction
New York Family Court may hear a family offense proceeding involving spouses or former spouses, people who share a child, people related by blood or marriage, and people who are or were in an intimate relationship.
The definition can also include certain people related by blood or marriage to a person who is or was in an intimate relationship with the respondent. Whether an intimate relationship exists depends on factors such as the nature, frequency, and duration of the relationship. A casual acquaintance or ordinary business or social contact generally does not qualify.
A qualifying relationship may support a Family Court proceeding even when the same incident also results in domestic violence charges.
Identify the Conduct Behind the Allegation
The underlying conduct may lead to allegations involving assault, harassment, stalking, menacing, criminal mischief, criminal obstruction of breathing or blood circulation, or another offense.
The specific facts matter more than the domestic violence label. Relevant questions may include what physical act or threat is alleged, whether an injury occurred, what communications preceded or followed the incident, and whether an order of protection was already in effect.
2. Read the Order of Protection before Making Contact
An order of protection should be read according to its actual terms before any contact occurs. A protected person cannot privately change restrictions imposed by the court.
Check Each Restriction in the Order
Depending on the order, a person may be required to stay away from another person, a residence, workplace, school, or other listed location. Other provisions may prohibit direct or indirect communication or require the person to refrain from specified conduct.
If a separate custody or parenting order exists, both documents should be reviewed together. A party should not assume that a parenting arrangement automatically overrides restrictions in an order of protection.
Treat Digital and Third-Party Contact Carefully
Restrictions on contact may extend beyond face-to-face communication. Depending on the language of the order, prohibited contact can include calls, texts, email, social media activity, messages sent through another person, or other electronic communication.
Even when the protected person initiates contact, the person subject to the order remains responsible for complying with its terms unless the court modifies or terminates the order.
3. Preserve the Evidence and Identify Which Court Is Handling the Case
Domestic violence cases often depend on the sequence of events rather than a single message, photograph, or accusation. Preserving complete records can make that sequence easier to evaluate.
Keep Original Records and Full Communications
Complete text and messaging threads with dates and times
Original photographs, videos, voicemail, and call records
Police, medical, release, and court documents
Information identifying witnesses and relevant locations
Messages, photographs, videos, or other records should not be edited or deleted. A criminal defense review may depend on the complete context rather than selected screenshots.
Separate Family Court from Criminal Court
New York allows Family Court and criminal courts to exercise concurrent jurisdiction over qualifying family offenses. The same events can therefore produce proceedings in both courts.
| Issue | Family Court | Criminal Court |
|---|---|---|
| Case begins with | A qualifying petitioner files a family offense petition | A criminal accusatory instrument initiates the prosecution |
| Parties | Petitioner and respondent | People of the State of New York and defendant |
| Main purpose | Protection and authorized family-offense relief | Prosecution of alleged criminal conduct |
| Proof at trial | Preponderance of the evidence | Beyond a reasonable doubt |
| Possible result | Order of protection and other authorized relief | Dismissal, conviction, sentence, and possible order of protection |
Case begins with
- Family CourtA qualifying petitioner files a family offense petition
- Criminal CourtA criminal accusatory instrument initiates the prosecution
Parties
- Family CourtPetitioner and respondent
- Criminal CourtPeople of the State of New York and defendant
Main purpose
- Family CourtProtection and authorized family-offense relief
- Criminal CourtProsecution of alleged criminal conduct
Proof at trial
- Family CourtPreponderance of the evidence
- Criminal CourtBeyond a reasonable doubt
Possible result
- Family CourtOrder of protection and other authorized relief
- Criminal CourtDismissal, conviction, sentence, and possible order of protection
A Family Court litigation matter may proceed even when a criminal case based on the same incident is pending.
In the Hudson Valley, the specific court depends on the county, the type of proceeding, and the documents already filed. Court papers should be checked for the court name, appearance date, case or docket number, and the current terms of any order of protection.
4. FAQ
Can a protected person give permission to ignore a New York order of protection?
No. The court controls the order. If the order prohibits contact, the person subject to it must continue following that restriction even when the protected person initiates or agrees to the contact. The court must modify or terminate the order before its terms change.
Can a criminal domestic violence case continue if the complainant no longer wants charges pursued?
Yes. A New York criminal case is prosecuted by the People of the State of New York. The complainant’s position may affect the evidence or the prosecutor’s assessment of the case, but the complainant does not control whether the prosecution continues.
27 Oct, 2026
