## Domestic violence charges in New York Domestic violence (DV) prosecution differs from ordinary assault prosecution in several important ways: dedicated prosecutors, mandatory or near-mandatory arrest policies, no-contact orders that issue automatically, federal firearm prohibitions, and immigration consequences. The criminal case proceeds even if the alleged victim doesn't want to press charges. ### New York framework - **Classification:** Underlying offense (assault, harassment, menacing) + family-offense designation. - **Mandatory arrest on probable cause?** Yes ## Who counts as a "family or household member" Each state defines this slightly differently, but the common categories are: - Current or former spouse - Current or former dating partner - Co-parent of a child - Family member by blood or marriage - Roommates / household members ## What typically happens after a DV arrest 1. **Arrest** — usually the same day; bond conditions imposed at intake 2. **No-contact order** — automatic in most jurisdictions; bars you from your home, the alleged victim, sometimes children 3. **First appearance** — typically next business day 4. **Pretrial conditions** — surrender of firearms, no contact, possibly substance-abuse evaluation, anger management 5. **Discovery** — prosecution shares 911 call, police report, photos, medical records, statements 6. **Resolution** — plea negotiation, diversion, dismissal, or trial ## Federal firearm prohibition **18 U.S.C. § 922(g)(9)** — the Lautenberg Amendment — bars anyone convicted of a misdemeanor crime of domestic violence from possessing firearms FOR LIFE under federal law. This applies even if state law would restore firearm rights. Many DV plea deals attempt to avoid the federal prohibition by pleading to non-DV-designated offenses (general assault, disorderly conduct). Whether the plea actually escapes federal disability depends on a complex analysis — get a qualified attorney. ## No-drop policies Most prosecutors' offices have **no-drop policies** — meaning the case proceeds even if the alleged victim recants, refuses to testify, or asks for dismissal. Reasons: - Victims often recant under pressure from the defendant - Cycle-of-violence patterns - Public-safety concerns Even if the alleged victim is fully cooperative with the defense, the case can proceed using: - **911 recordings** as excited utterances or present-sense impressions - **Officer testimony** about observations at the scene - **Medical records** and photos - **Domestic-violence experts** to explain recantation patterns ## Common defense strategies - **Self-defense** — the defendant was the one being attacked - **Mutual combat / reciprocal aggression** - **False allegations** — particularly common in custody disputes; documentation patterns matter - **Misidentification** — wrong person - **No probable cause for arrest** — challenges to the initial stop / arrest - **Lack of intent** — accidental contact - **Constitutional challenges** to evidence collection - **Diversion / first-offender programs** — completion may dismiss the charges ## Collateral consequences A DV conviction (even misdemeanor) creates lifelong consequences: - **Federal firearm prohibition** (Lautenberg) - **Immigration consequences** for non-citizens — DV offenses are deportable in most cases - **Custody disputes** — DV history can dramatically alter custody outcomes - **Employment** — some careers (military, law enforcement, security, medical, government) are foreclosed - **Housing** — many landlords screen for DV history - **Professional licenses** — discipline likely - **Restraining orders** — typically extend post-conviction ## Diversion and first-offender options Many states offer first-offender programs: - **Pre-trial intervention / diversion** — completion of treatment dismisses the charge - **Deferred adjudication** — guilty plea held in abeyance during compliance - **Conditional discharge** — successful probation = no conviction Eligibility usually limited to first-offense, non-aggravated cases without significant injury. These programs almost always include batterer's-intervention classes, no-contact orders, and substance-abuse counseling. ## What the alleged victim needs to know If you're the alleged victim: - The case is the STATE's, not yours — you usually can't drop it - You can be subpoenaed to testify; refusing testimony can result in contempt - Marital communications privilege may not apply in DV cases - A protective order is a separate civil matter you control - Victim advocacy organizations can help you navigate everything - You may qualify for victim compensation funds ## What you should do DV cases move quickly and the no-contact orders disrupt your life from day one. Get a New York criminal-defense attorney with specific DV experience IMMEDIATELY. Don't talk to police about the incident. Don't violate the no-contact order even by accident. Don't post about it on social media. Most New York criminal-defense attorneys offer free initial consultations and many accept payment plans. --- *This guide is general information about New York law as of early 2026 and is not legal advice. DV prosecution is fact-specific and the federal firearm and immigration consequences are particularly nuanced. Talk to a licensed New York criminal-defense attorney about your specific case.*