US-New YorkWhat constitutes domestic violence under New York Family Court Act?
Domestic violence in New York Family Court is defined as certain criminal acts (e.g., assault, stalking, harassment) committed by a family or household member against another, as outlined in the Family Court Act § 812.
What the Law Says
New York defines domestic violence for Family Court purposes through the Family Court Act, specifically Section 812. This section identifies which acts — when committed by certain people against others — qualify as 'family offenses' that can trigger protective orders and other remedies.
Under the Family Court Act, domestic violence is not a standalone crime but a category of 'family offenses' — meaning specific criminal acts (like assault, harassment, or stalking) committed by one family or household member against another.
To qualify, both the alleged offender and the victim must have a qualifying relationship: they must be current or former spouses, related by blood or marriage, have a child together, or currently or formerly lived together as a family unit.
The law lists prohibited acts explicitly — including disorderly conduct, harassment in the second degree, aggravated harassment in the second degree, stalking in the fourth degree, assault in the third degree, and more — but only if committed against a family or household member.
Statutory Text‘Family offense’ means an act which would constitute disorderly conduct, harassment in the second degree, aggravated harassment in the second degree, stalking in the fourth degree, assault in the third degree, attempted assault in the third degree, menacing in the third degree, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation in the second degree, or any other criminal offense, committed by one family or household member upon another.
— Family Court Act § 812(1) — Definition of family offense
Statutory Text‘Family or household members’ means persons related by consanguinity or affinity, persons legally married to one another, persons formerly married to one another, persons who have a child in common, unrelated persons who are or have been in an intimate relationship regardless of whether such persons have lived together, and persons who are or have been cohabitant.
— Family Court Act § 812(3) — Definition of family or household members
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.