Larkin Ingrassia Andrews Criminal Defense Attorneys | July 16, 2026 | Criminal Defense \ New York Law
Many people assume domestic violence only involves physical abuse, but New York law recognizes a much wider range of conduct that can result in criminal charges. Domestic violence is not a standalone criminal offense in New York. There is no charge on the books called “domestic violence.”
Instead, the term refers to certain crimes allegedly committed between people who share a qualifying relationship.
Crimes That Are Commonly Associated With Domestic Violence
Domestic violence allegations can arise from a wide variety of situations. Depending on the facts of the case, prosecutors may pursue one or more criminal charges based on the alleged conduct.
Some of the offenses most commonly associated with domestic violence include:
- Assault
- Harassment
- Menacing
- Stalking
- Criminal obstruction of breathing or blood circulation
- Sexual offenses
- Criminal mischief
- Criminal contempt for violating an order of protection
Any of these charges, when alleged between people who share a qualifying family or intimate relationship, can become a domestic violence case.
Who Can Be Involved in a Domestic Violence Case?
The relationship between the accused and the alleged victim is what makes an ordinary criminal charge a domestic violence matter.
New York considers the following relationships as domestic in nature:
- Current spouses
- Former spouses
- Individuals who share a child, regardless of whether they ever married or lived together
- Family members related by blood or marriage
- Current dating partners
- Former dating partners
- People who have had an intimate relationship, even if they never lived together or were never married
Because “intimate relationship” is not precisely defined by statute, courts decide whether one exists case by case, considering factors such as the nature of the relationship, its length, and how frequently the two people interacted.
What Happens After a Domestic Violence Arrest?
A domestic violence arrest does not mean your case is over. Once an arrest is made, the criminal justice process begins, and several important steps may follow before your case is resolved.
While every case is different, most domestic violence cases in New York move through the same general stages:
- Arrest: Police may make an arrest if they have reasonable cause to believe a qualifying domestic violence offense occurred. In certain situations, New York law requires officers to make an arrest.
- Arraignment: The defendant typically appears before a judge within about 24 hours. During this hearing, the court advises the defendant of the charges, considers bail, and determines the conditions of release.
- Temporary Order of Protection: Prosecutors frequently request a Temporary Order of Protection (TOP). If the court issues one, it may prohibit contact with the alleged victim or impose other restrictions while the case is pending.
- Criminal court proceedings: The case then moves through the criminal court process, which may include discovery, plea negotiations, court appearances, and, if necessary, a trial. Some cases may also be transferred to a specialized Domestic Violence or Integrated Domestic Violence (IDV) Court.
The exact path a case takes depends on the facts, the available evidence, and the decisions made by the court and the prosecution.
Can the Alleged Victim Drop Domestic Violence Charges?
In New York, criminal charges belong to the state, not the alleged victim. Once an arrest is made, the district attorney decides whether the case moves forward, and prosecutors often continue pursuing charges even if the alleged victim asks to drop them, recants, or refuses to cooperate.
While an alleged victim’s wishes may be considered, they do not control the outcome. Prosecutors evaluate the available evidence to determine whether they can continue the case without the alleged victim’s cooperation. In some cases, they may subpoena a reluctant witness to testify, although this is more common in serious cases.
If the evidence is weak without the alleged victim’s testimony, prosecutors may offer a better plea deal – like reducing a felony to a misdemeanor – or, in some instances, decline to move forward with the charges. Every case depends on its specific facts and the strength of the evidence.
Contact Larkin Ingrassia Andrews Criminal Defense Attorneys to Schedule a Free Consultation With an Orange County Domestic Violence Attorney
While New York doesn’t have a standalone domestic violence statute, being charged with a domestic violence-related crime is still significant and requires the help of an experienced attorney. Larkin Ingrassia Andrews Criminal Defense Attorneys has decades of experience and understands how New York Law works.
For more information, contact an experienced domestic violence lawyer at Larkin Ingrassia Andrews Criminal Defense Attorneys, to schedule a free consultation today. We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Andrews Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345