New York does not have a single domestic violence statute. Instead, domestic violence encompasses a range of criminal charges — assault, menacing, harassment, strangulation, criminal contempt, and aggravated family offense — applied in the context of an intimate or family relationship. Notably, criminal obstruction of breathing or blood circulation (PL §121.11 and §121.12) is treated with particular seriousness by New York prosecutors and courts, regardless of visible injury. Charges can be filed even when the alleged victim does not want to press charges, because in New York the decision to prosecute belongs to the District Attorney’s office, not the complaining party.

Orders of protection are typically issued immediately upon arrest, which can result in a person being removed from their own home, cut off from their children, and restricted in their movements before any facts have been established in court. Violating an order of protection, even inadvertently, is a separate criminal offense.

Domestic violence accusations are among the most life-altering charges an individual can face. The legal consequences are severe, but the personal and professional consequences can be just as devastating, even before a case goes to trial.

At Nonaj Law, we approach every domestic violence case with the full recognition that an accusation is not a conviction. We work to establish the facts, challenge inconsistencies in the prosecution’s narrative, and protect your rights — including seeking modification or vacatur of protective orders where appropriate. Where the evidence warrants it, we also explore the availability of adjournments in contemplation of dismissal and other resolutions that avoid a permanent record.