Section 459-A. Definitions  


Latest version.
  • 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,
      menacing, reckless endangerment, kidnapping, assault, attempted assault,
      or attempted murder; 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; or
        (f)   any other category of individuals  deemed  to  be  a  victim  of
      domestic violence as  defined by the department 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.