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The test the court applies

Is this abuse?

Some behaviors everyone agrees are abuse. Plenty of others are argued over in courtrooms every week, and the difference is never the behavior itself.

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Physical battering, rape and threatening to kill someone are abuse by any measure. Here are six that are not so clear.

Answer each one the way it looks to you. Then see the answer a family law attorney is trained to give.

Each one is shown with the two readings a court would weigh.

Behavior 1 of 6
Calling someone degrading names.
It depends.
Could be neitherInsults exchanged in a fight between two people who then apologize are corrosive, but they are not by themselves a pattern of coercive control.
Could be abuseThe same words, used daily, chosen to destroy someone's belief that they could function without the speaker, and paired with isolation from anyone who would contradict them. That is emotional abuse and it is a named tactic.
Behavior 2 of 6
Insisting that your partner not get a job.
It depends.
Could be neitherA couple decides together that one of them stays home with a small child, and both can revisit it. That is a household decision.
Could be abuseOne person forbids the other from working, so that leaving becomes financially impossible. That is economic abuse, and economic dependence is among the top reasons survivors stay.
Behavior 3 of 6
Making your partner ask for money.
It depends.
Could be neitherA shared budget with agreed limits that both people can see and change.
Could be abuseAn allowance, no access to the accounts, and receipts demanded for every purchase. The money is the leash. New York courts can order temporary support precisely because this tactic works.
Behavior 4 of 6
A slap in the face.
It depends.
Could be neitherThis is the one people expect to be automatic, and in isolation a single slap in a mutual altercation may be situational violence rather than coercive control.
Could be abuseA slap that lands inside an established pattern, understood by both people as a reminder of what else could happen. The slap is not the point. The reminder is. Context is what tells the two apart, and context is what a court needs.
Behavior 5 of 6
Threatening to get rid of the pet cat.
It depends.
Could be neitherA genuine conversation about a family that cannot manage an animal any longer.
Could be abuseA threat deployed when the other person talks about leaving. Harming or threatening pets is a recognized lethality factor, and in New York the pet can be named as a protected party on the order of protection.
Behavior 6 of 6
Threatening to commit suicide.
It depends.
Could be neitherA person in real crisis who needs help, which is a serious situation deserving a compassionate response.
Could be abuseA threat produced on cue whenever the other person tries to leave, which makes them responsible for someone else's life. Used that way it is coercion, and threatened suicide by an abusive partner is also a lethality factor for the victim.

So what is the actual test

Three questions, applied to every one of the six
Intent
What was the person trying to accomplish by doing it.
Meaning
What did the behavior mean inside this particular relationship, given everything that came before it.
Effect
What did it actually do to the person on the receiving end.

This is why counting violent acts does not work. A judge asking who is doing what to whom, and with what impact, reaches a better order than a judge counting incidents. New York defines domestic violence as a pattern of coercive tactics, which can include physical, psychological, sexual, economic and emotional abuse, perpetrated by one person against another adult intimate partner, with the goal of establishing and maintaining power and control.

Three categories of violence get sorted by that test. Coercive control is the patterned use of violence, intimidation and coercion to establish dominance. Resistive or reactive violence is produced and shaped by that abuse. Situational violence is not tied to establishing an ongoing relationship of dominance at all. They call for completely different responses from a court, and mislabeling one as another is how people get hurt.

The pattern underneath

Power and control

The eight tactics below are the framework developed by the Domestic Abuse Intervention Programs in Duluth, Minnesota, and used in domestic violence training nationally. The New York legal notes attached to each one are ours.

PHYSICAL VIOLENCESEXUAL VIOLENCECoercion andthreatsIntimidationEmotional abuseIsolationMinimizing andblamingUsing thechildrenEconomic abuseAsserting privilegePOWERANDCONTROL
Click a wedge to spin it to the marker, or use the arrow keys

Coercion and threats

Tactic 1 of 8
What it looks like
Threats to leave, to take the children, to report you to immigration or to welfare, to have you committed, to drop charges, to hurt themselves. Making you do something illegal.
In a New York case
Threats to kill and threats of suicide are both recognized lethality factors. Menacing and aggravated harassment are chargeable, and coercion of this kind belongs in the petition, not just in your head.

Physical and sexual violence sit on the outer ring for a reason. They are not a ninth tactic. They are what gives the other eight their force, which is why a case built only on the incidents misses most of what happened.

Several of these tactics are also recognized risk factors, and each has something a court can do about it. See what an order of protection can include.

What the law actually covers

There is no crime called domestic violence in New York

The law handles it as a family offense. Family Court can issue an order of protection when one of the offenses below is committed by someone you have a qualifying relationship with.

  • Disorderly conductincluding when it happens in a private place
  • Harassment and aggravated harassmentrepeated conduct that alarms or distresses you, including by phone, text or online
  • Stalkingfollowing, monitoring or tracking you, in any of its four degrees
  • Menacingthreatening you in a way meant to make you fear injury
  • Reckless endangermentputting you in danger of being hurt
  • Strangulation and criminal obstruction of breathingany pressure on the neck or blocking the nose or mouth
  • Assault and attempted assaultcausing or trying to cause physical injury
  • Sexual misconduct, forcible touching and sexual abuseunwanted sexual contact
  • Unlawful dissemination or publication of an intimate imagesharing, or threatening to share, intimate images without consent
  • Criminal mischiefdamaging or destroying property
  • Identity theftusing your personal or financial information without permission
  • Grand larcenytaking property of significant value
  • Coercionforcing you to do, or not do, something you have a right to

This is a plain-language summary of the list in Family Court Act section 812(1). Several offenses are limited to particular degrees, so the exact wording matters in a petition.

Who counts as an intimate relationship

You do not need to have lived together, had a child together, or had a sexual relationship. The court looks at what kind of relationship it was, how often you saw each other, and how long it lasted. A casual acquaintance, or ordinary contact through work or socializing, does not count. Married and formerly married couples, people with a child in common, relatives by blood or marriage, and since November 2024, relatives of a former partner, are covered separately.

Talk to someone before the next step, not after

A consultation is free and confidential. If you would rather start with an advocate than a lawyer, that is often the right order, and the Erie County numbers are the place to begin.

Weinrieb Law · 5555 Main Street, Suite 5, Williamsville, NY 14221 · Monday to Friday, 9 to 5

What these pages are

General legal information about New York law, published by Weinrieb Law, a family law firm in Williamsville, New York. This is attorney advertising. It is not legal advice, it does not create an attorney client relationship, and it is not a risk assessment of any individual situation. Prior results do not guarantee a similar outcome.

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Statutory references are to the New York Family Court Act, Domestic Relations Law, Penal Law and Real Property Law. Statutes change. Confirm current law before relying on any of it.

Sources

  1. Identifying Risk and Lethality Factors in Domestic Violence Cases, Erie Institute of Law and Bar Association of Erie County, presented by Hon. Sheila Schwanekamp (Ret.), December 10, 2025.
  2. Domestic Violence Risk Factor Guide for Civil Legal Attorneys, January 20, 2024, adapted from the New York State guide for Family Court judges. Center for Court Innovation.
  3. Lawyer's Manual on Domestic Violence: Representing the Victim, 6th Edition, New York State Unified Court System.
  4. Domestic Violence, Developing Brains, and the Lifespan, Lynn Hecht Schafran, The Judges' Journal 53(3), Summer 2014.

Sources, continued

  1. Working with Survivors of Abuse: A Trauma Informed Approach, Public Interest Pro Bono Association.
  2. Laws of New York 1996, Chapter 85, and Laws of 2009, Chapter 476.
  3. Campbell et al., Risk Factors for Femicide in Abusive Relationships, American Journal of Public Health 93(7):1089 (2003).
  4. Campbell, Helping Women Understand Their Risk in Situations of Intimate Partner Violence, Journal of Interpersonal Violence 19(12):1464 (2004).
  5. 2025 Domestic Violence Court Advocate List for Erie County, last updated January 31, 2024.