§ 459-A — Definitions

New York § 459-A

• Jurisdiction: New York
• Law SOS: Social Services
• Art. 6-A: Domestic Violence Prevention Act

Text

§ 459-a. Definitions. As used in this article: 1. "Victim of domestic\nviolence" means any person over the age of sixteen, any married person\nor any parent accompanied by his or her minor child or children in\nsituations in which such person or such person's child is a victim of an\nact which would constitute a violation of the penal law, including, but\nnot limited to acts constituting disorderly conduct, harassment,\naggravated harassment, sexual misconduct, forcible touching, sexual\nabuse, stalking, criminal mischief, menacing, reckless endangerment,\nkidnapping, assault, attempted assault, attempted murder, criminal\nobstruction of breathing or blood circulation, strangulation, identity\ntheft, grand larceny or coercion; and\n (i) such act or acts have resulted in actual physical or emotional\ninjury or have created a substantial risk of physical or emotional harm\nto such person or such person's child; and\n (ii) such act or acts are or are alleged to have been committed by a\nfamily or household member.\n 2. "Family or household members" mean the following individuals:\n (a) persons related by consanguinity or affinity;\n (b) persons legally married to one another;\n (c) persons formerly married to one another regardless of whether they\nstill reside in the same household;\n (d) persons who have a child in common regardless of whether such\npersons are married or have lived together at any time;\n (e) unrelated persons who are continually or at regular intervals\nliving in the same household or who have in the past continually or at\nregular intervals lived in the same household;\n (f) persons who are not related by consanguinity or affinity and who\nare or have been in an intimate relationship regardless of whether such\npersons have lived together at any time. Factors that may be considered\nin determining whether a relationship is an "intimate relationship"\ninclude, but are not limited to: the nature or type of relationship,\nregardless of whether the relationship is sexual in nature; the\nfrequency of interaction between the persons; and the duration of the\nrelationship. Neither a casual acquaintance nor ordinary fraternization\nbetween two individuals in business or social contexts shall be deemed\nto constitute an "intimate relationship"; or\n (g) any other category of individuals deemed to be a victim of\ndomestic violence as defined by the office of children and family\nservices in regulation.\n 3. "Parent" means a natural or adoptive parent or any individual\nlawfully charged with a minor child's care or custody.\n 4. "Residential program for victims of domestic violence" means any\nresidential care program certified by the department and operated by a\nnot-for-profit organization in accordance with the regulations of the\ndepartment for the purpose of providing emergency shelter, services and\ncare to victims of domestic violence. Residential programs for victims\nof domestic violence shall include, but shall not be limited to:\n (a) "Domestic violence shelters", which shall include any residential\ncare facility organized for the exclusive purpose of providing emergency\nshelter, services and care to victims of domestic violence and their\nminor children, if any;\n (b) "Domestic violence programs" which shall include any facility\nwhich otherwise meets or would meet the requirements of paragraph (a) of\nthis subdivision, except that victims of domestic violence and their\nminor children, if any, constitute at least seventy percent of the\nclientele of such program; and\n (c) "Safe home networks" which shall include any organized network of\nprivate homes offering emergency shelter and services to victims of\ndomestic violence and their minor children, if any. Such network shall\nbe coordinated by a not-for-profit organization.\n 5. "Non-residential program for victims of domestic violence" means\nany program operated by a not-for-profit organization, for the purpose\nof providing non-residential services to victims of domestic violence,\nincluding, but not limited to, information and referral services,\nadvocacy, counseling, and community education and outreach activities\nand providing or arranging for hotline services. Victims of domestic\nviolence and their children, if any, shall constitute at least seventy\npercent of the clientele of such programs.\n