When a crime has been committed and the case goes to a Criminal Court, there is no question raised as to the relationship, if any, between the parties. If you are attacked or harmed by a stranger, the criminal authorities through the police and the District Attorney’s office will seek out the perpetrator and bring them to justice. If you are attacked or harmed in your home by a spouse or child or partner they will be arrested and you will likely receive an order of protection.
: a victim of domestic violence at the hands of an “intimate partner” or a family or household member. Your spouse or ex-spouse; a person of the opposite sex with whom you live or used to live; someone with whom you have a child in common; a current or former household member; someone of the opposite sex whom you are dating or have dated; parents, children, grandparents, and grandchildren.
Stalking, menacing, harassment, aggravated harassment, disorderly conduct, reckless endangerment, assault, attempted assault, criminal mischief, sexual misconduct, strangulation, criminal obstruction of breathing or circulation, identity theft, grand larceny, coercion.” in 2008 or have a child in common. Prior to adding intimate relationship, New York’s definition of those who could seek an order of protection was the narrowest in the country.
This can place someone who is being threatened, menaced or stalked in a dangerous position because they cannot get help unless a crime prosecuted in criminal court such as a physical assault is committed against them. The police are not behavioral interpreters. The police can observe and see a cut, bruise or scrape and make an arrest based upon that.