The terms “family violence” and “domestic violence” include felony or misdemeanor crimes of violence committed by (1) a current or former spouse or intimate partner of the victim; (2) a person with whom the victim shares a child in common; (3) a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (4) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state or jurisdiction; or (5) any other person—when the violence is committed against an adult or youth victim who is protected from that person’s acts under the family or domestic violence laws of the state or jurisdiction.

During a divorce, one spouse sometimes alleges the other spouse has committed family or domestic violence against the spouse or the spouses’ children.

Allegations of family or domestic violence are especially serious and the courts treat them as such—often involving child protective services when there are children involved, and the district attorney’s office, which may result in the filing of criminal charges.

A spouse who reports the other spouse’s family or domestic violence may unexpectedly face allegations and charges for participating in, facilitating, or failing to stop or previously report such behavior, allowing it to continue. And it is a criminal offense to intentionally make a false report of family or domestic violence to gain advantage in a child custody or divorce lawsuit, for example.

In an emergency, victims of domestic violence should call 911 or contact state or local law enforcement officials, who can respond to these crimes. Persons in need of non-emergency assistance can also all the National Domestic Violence Hotline at 1-800-799-SAFE, or visit www.TheHotline.org.

In New York, 'family violence' and 'domestic violence' encompass a range of misdemeanor or felony crimes committed by individuals in close relationships with the victim, such as current or former spouses, intimate partners, cohabitants, or those sharing a child with the victim. New York courts take allegations of domestic violence seriously, particularly during divorce proceedings, as they can impact child custody and the outcome of the divorce. Child Protective Services and the District Attorney's office may become involved, potentially leading to criminal charges. It is also a criminal offense to falsely accuse someone of domestic or family violence for personal gain in legal matters like custody or divorce. Victims of domestic violence should contact emergency services or law enforcement if in immediate danger. For non-emergency support, they can reach out to the National Domestic Violence Hotline. It's important for individuals facing such allegations or victims of domestic violence to consult with an attorney to navigate the complexities of the legal system and to protect their rights.