2023 New York Laws › SOS - Social Services › Article 6-A - Domestic Violence Prevention Act › 459-A - Definitions.

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