What is Intimate Partner Violence?

Intimate partner violence, sometimes known as domestic violence, is abusive behavior that occurs between intimate partners. Intimate partners include your current or former husband/wife or boyfriend/girlfriend, your child’s mother/father, or a partner that you live with or used to live with. Intimate partner violence can take the form of physical, sexual, psychological, or economic abuse.

The abuser has been arrested. What happens now?

After an arrest, the abuser will appear before a judge. This is called an arraignment. An attorney will represent the abuser, and an Assistant District Attorney will represent the People of the State of New York. The case against the abuser is brought in the name of the People of the State of New York, not your name. At arraignment, the judge can either set bail, hold the abuser in jail without bail, or release the abuser, who must then return to court on a future date. Usually, the abuser is arraigned within 24 hours of his or her arrest.

CAUTION: The abuser may be released at any time after arraignment

What is an Order of Protection?

At arraignment, the Assistant District Attorney can ask the judge to issue an Order of Protection. An Order of Protection is a court order that instructs the abuser to refrain from certain conduct, including harassing, intimidating, threatening, assaulting, or stalking you. In addition, the order of protection can instruct the abuser to refrain from having any contact with you, whatsoever. If the abuser violates the order of protection, he or she can be re-arrested. Learn more about Orders of Protection.

How can I stay safe?

An order of protection cannot guarantee your safety. Therefore, it is important to have a safety plan. Our Office can assist you in obtaining court-related information and social services to help provide for your safety and ease any emotional trauma. Our Survivor Services Bureau can help you:

• Develop a safety plan
• Obtain information about your case
• Find domestic violence shelters, including relocation for senior victims.
• Sign up for individual or group counseling
• Connect with government agencies and non-profit organizations with expertise in family court or immigration matters
• Refer you to Adult Protective Services or the NYC Department for the Aging
• Submit public assistance applications
• Arrange transportation to and from court
• Obtain a cell phone for emergency 911 use (applies to high-risk situations)

Can you still help me if I don’t want the abuser arrested?

In order to proceed in Criminal Court you must have a criminal case. You also have the option to file a petition in Family Court when a family offense has been committed against you. You can request an order of protection in Family Court. However, Family Court is a civil court, and a proceeding will not result in a criminal record for the abuser. In order to proceed in Family Court, you and the abuser must:

• Be related by blood,
• Be legally married,
• Be formerly married,
• Have a child in common, or
• Be or have been in an intimate relationship.

For more information regarding Family Court proceedings, contact:

Manhattan Family Court

60 Lafayette Street
New York, NY 10013
646-386-5200
manhattanfamilycourt@courts.state.ny.us

Report an Incident:

In an emergency, call 911. If you are unable to do so, you should go to the police station nearest to where the abuse has occurred.

If you have suffered an injury, you should seek medical attention and have photographs of your injuries taken. You should also photograph any potential evidence of the abuse, such as broken furniture, torn clothing, or a damaged phone. Finally, you should take “screenshots” to preserve any messages (voice mail, text, or email) which may be helpful in the investigation and prosecution of your case.

I’m not sure if what happened to me is a sexual assault. What should I do?

Some victims of sexual assault may be unsure if a crime was committed. For instance, some victims do not know that in this country a husband may not force his wife to have sex with him. Some victims may not remember clearly what happened to them, particularly when drinking is involved. If you think you may have been sexually assaulted, you should make a report.

What if I’m not comfortable talking about what happened to me?

The NYPD and Manhattan District Attorney’s Office have dedicated detectives and lawyers specially trained to handle these cases. We have extensive experience and trauma-informed training to be sensitive to your concerns as a survivor of sexual assault. We will make you comfortable, explain the steps of the process to you, and answer your questions. Most of all, we understand that what happened to you is not your fault.

I never saw the face of the person who attacked me. Should I still report the incident?

In some cases, the victim never sees the face of the person who committed the attack. DNA evidence can prove who did the crime, even if you can’t identify anyone. In addition to physical evidence collected at the hospital, evidence collected by the police at the crime scene, such as bed linens, clothing, and items touched by the offender, can identify the person who committed the crime. The police and the District Attorney’s Office can also gather other types of physical evidence, such as surveillance videos and telephone and computer records, that can help identify your attacker.

Report an Incident:

If you have just been sexually assaulted, get help immediately. Call 911. Police officers will come to where you are and take you to a hospital, so that you can be treated, and DNA evidence can be collected. The hospital will photograph any injuries.

If you don’t want to report what happened to you, you should still go to the hospital, both for your own health and so that evidence can be collected, which will make a stronger case if you later decide to make a report. You can also call the Intimate Partner and Sexual Violence Bureau at the Manhattan District Attorney’s Office for guidance at 212-335-9373.

If you were sexually assaulted in the past but never reported it, you still can. Call the NYPD’s rape hotline 212-267-RAPE (7273) or our Office’s Intimate Partner and Sexual Violence Helpline at 212-335-9373.

You can also contact our Work-Related Sexual Violence team at 212-335-9373.

Our Office’s Survivor Services Bureau and Northern Manhattan Office can help you obtain a variety of services, including:

• Individual or group counseling
• Appointments for medical examination or treatment
• Transportation to court proceedings
• Advocacy on your behalf with other agencies
• Introductions to other crisis counseling agencies

Manhattan Family Justice Center

Our Manhattan Family Justice Center at 80 Centre Street has a child-friendly waiting room and play area so that children and families can be at ease in our Office. We have social services staff on-site who can connect you with individual counseling, family counseling, medical treatment, housing issues, and safety planning.

80 Centre Street, 5th Floor
New York, NY 10013
212-602-2800

Safe Horizon Sexual Assault Hotline

212-732-0054
www.safehorizon.org
Provides comprehensive services to victims of rape and sexual assault that range from in-house assistance to referrals for services that range from medical assistance to counseling. Services are available citywide in English, Spanish, French, Arabic, and other languages.

Sanctuary for Families

212-349-6009
www.sanctuaryforfamilies.org
Provides domestic violence victims and their children with shelter/housing assistance, counseling, advocacy, referrals, support groups, and legal services. Services are available in English, Spanish, French, and other languages.

Barrier-Free Living, Inc

1-800-799-7233
www.bflnyc.org
Provides services to sexual assault and domestic violence victims with disabilities, including advocacy, individual counseling, support groups, skills training, shelter referrals and help in obtaining orders of protection. Services are available citywide in English, Spanish, and Sign Language.

WOMANKIND

212-732-0054
888-888-7702
https://www.iamwomankind.org
Provides crisis intervention, safe shelter, counseling, advocacy, and community education with specific consideration to unique issues faced by Asian battered women. Services are available in English, Chinese, Hindi, and other Asian languages or dialects.

New York City Anti-Violence Project

212-714-1141 (24-Hour Hotline)
www.avp.org
Provides services to gay, lesbian, bisexual, and transgender victims, including counseling, advocacy for legal issues, support groups, and community education.

NYC’s 24-Hour Hope Hotline

1-800-621-4673

https://www.nyc.gov/content/nychope/pages/ 

A 24 hour hotline that ensures survivors of all crimes feel empowered to reach out for help and combines the efforts of the city’s previously separate domestic violence, sexual violence and crime hotlines.