Domestic Abuse and Men Who Batter:
Facts for Women

Developed by the New York State Office for the Prevention of Domestic Violence

"We must fight the devastating effects of domestic violence with the full force of the law...working together we will send a strong and unwavering message when it comes to domestic violence --- New York is a ZERO TOLERANCE state."
George E. Pataki
Governor

Domestic Abuse is a pattern of controlling and coercive behavior which can involve physical, sexual, economic, emotional and psychological abuse. It affects people who are married, divorced, living together, dating, or in a gay or lesbian relationship, and people from all social, economic, racial, religious, and ethnic groups. Anyone can be a victim of domestic violence, but women are by far the most common victims.

How do I know if I am or have been abused?
Sometimes, women aren't sure if they are victims of domestic abuse. Maybe you aren't sure. Perhaps you haven't been seriously injured -maybe your partner hasn't hit you at all. Domestic abuse is about more than physical violence. If your partner does things that make you afraid and that isolate you from friends or family members, you may be a victim of abuse. The following check list can help you determine if you or someone you know is abused.

Does your partner...

If you answered "yes" to any of these questions, you may be a battered woman. You are not alone - millions of women are abused by their partners each year.

There is help available. Support from domestic violence programs, family and friends, the legal system, and social and medical services can help you find ways to be safer. If you have children, these sources of support can also help you better protect them.

What Services Are Available?
You don't have to stay in a shelter to get help from a domestic violence program. There are programs in every county in the state, but there are differences in the types of help they provide.

To learn about the services in your area, look in the community services section of the phone book, contact the Department of Social Services, or call the statewide domestic violence hotline number listed on the back of this pamphlet. Programs offer all or some of the following:

Battering is a Crime
No one has the right to hit you or threaten you. If a family member or intimate partner has harmed you, you have the right to ask for legal assistance from the police the courts.

What can the police do? Police policies and training programs are not exactly the same everywhere in the state and the police response may be different from one community to another. However, the police must make an arrest when they determine that: Many police departments also have policies that require arrests in other cases of domestic violence, including assault by your boyfriend or same sex partner.

The police can also help you:

It is important to try to tell the police all that you can about what happened and to let them know if it has happened before. It also helps to let them know if you are afraid and/or in pain, even if your injuries don't show.

The police will ask that you sign your statement of what happened, so it is important to make sure that the report says what actually happened. You don't have to sign the report if you don't want to, but it will help the court if you do.

What can the court do?
If a “family member” has harmed you or threatened you and the crime is a family offense, you can go to either the family court, the criminal court, or to both courts for help.

A"family member" is someone you are married to, are divorced from, or have a child with. A "family member" is also someone related to you by blood or marriage (such as in-laws). If you are pregnant by your abuser, but aren't married to him and don't have other children with him, this doesn't count as “family” until the baby is born.

Anyone, regardless of their relationship to the abuser, can go to the criminal court for help, but it is up to the District Attorney to decide if there is enough evidence to take the case. The more you can tell the police and the court about what happened, the more likely the case will be prosecuted. In criminal court, the District Attorney's Office will help you. In family court, a lawyer may be provided to you depending on your income.

Either court can issue an order of protection. This is a court order that can tell your abuser to stop hurting or threatening you and can also tell him that he has to stay away from you. To get an order of protection, you will have to go to court and tell the judge what your abuser did and how it affected you. In family court, you will have to fill out a "petition" to see the judge. The court, probation staff, or in some communities the domestic violence program, will help you fill it out.

The family court can place your abuser on probation and order him to go to a batterers program, send him to jail for violating a family court order, and order temporary child support and temporary custody of your children.

The criminal court can place your abuser on probation and order him to go to a batterers program, send him to jail, and/or order restitution: that is, require your abuser to cover financial costs and losses you might have suffered because of his behavior.

If you don't understand what the police or the courts are doing, if you feel that your concerns are not being heard, or if you just want more information, contact your local domestic violence program. They can help answer any questions you may have about your legal rights and how to get help from the police and the courts.


Questions Women Often Have About Batterers and Batterers Programs

You do not deserve to be abused.

Help is available.

New York State Hotlines

Adult Domestic Violence:
English 1-800-942-6906
Spanish 1-800-942-6908

Child Abuse:
1-800-342-3720

Child Abuse and Neglect
Prevention Information:
1-800-342-7472

Information for
Senior Citizens:
1-800-342-9871

New York City Domestic Violence Hotlines
English and Spanish
1-800-621-HOPE
1-212-360-5090

For information on Lesbian/Gay/Bisexual/Transgendered
domestic abuse, contact your local domestic violence program.


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