New York’s tough anti-stalking law Important phone numbers It’s a crime Penalties New York State Domestic and Sexual Domestic In simplest terms, stalking is the unwanted pursuit of New York’s Anti-Stalking Law established the specific Violence Hotline: 800-942-6906 another person. It includes repeated harassment or offense of stalking and allowed the prosecution of persons Violence and threatening behavior. In domestic violence situations, who engage in an intentional course of stalking conduct. NYC Safe Horizon Domestic Violence stalking is a very effective control tactic used by abusers. Courts can impose severe penalties against individuals Hotline: 800-621-4673 or dial 311 As technologies develop, abusers have additional ways found guilty of this crime. of stalking – through email, texting, social media sites Stalking A victim should report stalking or harassment to the police and online. Stalking can escalate, may turn violent and TTY/TDD: 866-604-5350 each time it occurs. sometimes results in injury or even death. For victims of stalking, common everyday noises, like the ring of a A person who repeatedly threatens the health, safety or Police, Ambulance or Emergency: 911 phone or a knock on the door, can cause fear. property of a person or repeatedly contacts or follows a person after being clearly told not to do so, upon Stalking is a crime that affects people from all walks conviction, faces up to 3 months in jail. National Domestic Violence Hotline: of life. It can be perpetrated by someone you know or a stranger. Victims of stalking by family or household A person who engages in a course of conduct that 800-799-7233 (available 24 hours) members may go to family court as well as criminal intentionally places another person in fear of physical injury, court to get an order of protection. The law authorizes death or the commission of a sex offense, upon conviction, National Deaf Hotline Video Phone: the courts to order an abuser to surrender his or her faces up to a year in jail. 855-812-1001 (available 24/7) firearms when issuing an order of protection. Moreover, upon conviction of certain offenses an abuser’s firearms A person aged 21 or older who repeatedly contacts or license will be revoked. New York law also has strict follows a child under the age of 14, or displays a weapon penalties for violating orders of protection and requires while intentionally engaging in a course of conduct that courts to consider domestic violence in child custody places another person of any age in fear of physical and visitation cases. injury, upon conviction, faces up to 4 years in prison. A person who, in the course of stalking, causes physical injury or commits a specified sex offense, upon conviction, faces up to 7 years in prison. Where to

Use available online resources to learn how to go for help Help and Resources: protect yourself and how to get help. However, be For immediate assistance, call 911. When the police careful because computers and electronic devices store arrive, give a complete statement of what happened. information that can give clues about your activities. Get the reporting officer’s name and badge number You don’t want to use a device that an abuser can have as well as a copy of the Domestic Incident Report. A remote access to. It may be safest to use a computer at victim’s rights notice is available from the police, the a trusted friend’s house or the public library. Speaker of the Assembly courts and local hospitals explaining what police and For local help and information on Carl E. Heastie courts can do to help. You can go to either family court protecting yourself: or criminal court to obtain an order of protection. 250 Broadway, Suite 2301 New York State Coalition Against Domestic Violence New York, NY 10007 Provided by The deaf and hearing disabled can contact the www.nyscadv.org/find-help/program-directory.html Abused Deaf Women’s Advocacy Services at 212-312-1400 Speaker of the Assembly [email protected] or visit www.adwas.org for The New York State Domestic and Room 932, LOB Carl E. Heastie more information. Sexual Violence Hotline 800-942-6906 Albany, NY 12248 Contact the New York State Domestic and Sexual opdv.ny.gov/help/dvhotlines.html 518-455-3791 Violence Hotline or your local domestic violence program for support and information about services, The New York State Office for the [email protected] emergency shelters and legal options. Prevention of Domestic Violence www.opdv.ny.gov/help/victims/index.html

Updated 1/21 www.nyassembly.gov New York’s laws: Authorize courts to issue a temporary child support order Establish a clear process for notifying the FBI of Prohibit marriage under the age of 17. at the same time as issuing an order of protection. domestic violence convictions for the purpose of Require police to arrest abusers who violate orders Remove the mandate that domestic violence survivors identifying individuals prohibited from purchasing of protection or commit a felony or a misdemeanor Require police to determine the primary physical pay a fee or apply for public assistance in order to stay or possessing firearms, rifles or shotguns when a against another family or household member. aggressor so that victims of domestic violence are not in a shelter for residential services. background check is conducted. inappropriately arrested along with their abusers when Enable victims to get an order of protection at either Establish the Extreme Risk Protection Order, more than one person alleges violence. Prevent individuals with an outstanding warrant for a family court or criminal court. which allows family, household members, school felony or serious offense crime, including a domestic Enable a local criminal court to issue a temporary order administrators, police or prosecutors to petition Provide that orders of protection issued in criminal violence misdemeanor, from being eligible for a firearms of protection or modify a temporary order of protection their local Supreme Court to have firearms, rifles or court for family offenses are in effect for a period up to license. 2 years for violations, up to 5 years for misdemeanors issued by a family court when family court or supreme shotguns confiscated from a person believed to be a and up to 8 years for felonies. court is not in session. Require that the court order the surrender of all threat or to ban that person from buying or possessing firearms, rifles or shotguns following a conviction of a firearms, rifles or shotguns. The law specifies what Establish crimes of criminal obstruction of breathing Provide that violators may face felony charges when felony or serious offense, including domestic violence actions and behaviors would constitute the use of this or blood circulation, strangulation in the 2nd degree violating an order of protection. misdemeanors. order and requires a hearing be held within 6 days to and strangulation in the 1st degree. These offenses are determine if the order should be made permanent. Provide that – in cases of repeated violations of an included in the list of family offenses. Allow victims of domestic violence the right to request order of protection – violators could face up to 4 years that the local county board of elections keep registration Cover the cost of crime scene cleanup for victims and Require colleges and universities to notify appropriate in prison and 7 years if a victim suffers physical injury. or other records confidential. provide compensation for the expenses of a stay in a law enforcement within 24 hours of a report of a violent domestic violence shelter. Allow for courts issuing orders of protection to order felony or a report that a student who resides in housing Require the translation of orders of protection, when the surrender of the abuser's firearms. owned or operated by the school is missing. needed, in all family courts and supreme courts. Maintain a statewide Orders of Protection Registry to Criminalize threatening communications, including aid police and courts. emails and texts, that a perpetrator uses to cause their Promote rigorous interstate enforcement of orders of victims to fear physical harm to themselves or their New laws: protection. family or damage to their property. This helps domestic violence victims strengthen their cases for securing Require hospitals to develop and incorporate into all Provide for temporary spousal support with orders of Include in the definition of family/household members orders of protection. aspects of care written policies and procedures for protection. victims who are, or who have been, in an intimate the identification, assessment, treatment and referral Include “following” to also mean tracking the movements Allow for the cancellation of telephone and cable relationship regardless of whether they have lived with of confirmed or suspected cases of domestic violence. the abuser or whether the relationship is sexual. or location of a person by GPS or other device. The U.S. contracts without charge for domestic violence Department of Justice reports that 1 in 4 cases of stalking Upon licensing, and voluntarily upon license renewal, victims with accompanying proof such as a police Permit courts to award victim restitution in an amount involves the use of some type of technology. Many of estheticians and hair professionals are required to report, an order of protection, etc. up to $15,000 for felonies and up to $10,000 for all these cases involve domestic violence, and it is vitally complete a one-hour training course in domestic Change the statute of limitations from one year to two non-felonies. important that victims of domestic violence are protected violence and sexual assault. from such tracking. for civil suits against an abuser. Require courts to consider domestic violence in child Streamline the process for tenants who are victims of Permit domestic violence victims to obtain custody and visitation determinations. Prohibit discrimination against victims of domestic domestic violence to terminate residential leases or compensation for failure to enforce orders of violence in housing, public accommodations, real estate rental agreements and removes the requirement that protection. transactions and educational institutions. The law such tenants be current on their rent. prohibits landlords from inquiring about a victim’s status Allow for the filing of Extreme Risk Protection Orders. as a survivor of domestic violence and protects against Provide free transportation home or to safe shelter for wrongful evictions based on such status. any sexual assault victim and their advocate from any Criminalize revenge porn, intentional, non-consensual medical facility where the victim received care. disclosures of sexually explicit images obtained under Protect unpaid interns from harassment and other forms reasonable expectations of privacy. of unlawful discrimination in the workplace. Ensure Family Courts and all attorneys for the parties, including a children’s attorney, are informed promptly Expand the Address Confidentiality Program to Add rifles and shotguns to the list of weapons that must of any changes in a child’s foster care placement. victims of sexual offenses, stalking and human be surrendered when an order of protection includes the trafficking. surrender of firearms. Add assault 3rd, menacing 2nd Add victims of domestic violence to a protected class and 3rd and criminal obstruction of breathing or blood status under the employment provisions of the Human Eliminate requirements for domestic violence circulation, among other crimes, to the definition of Rights Law and allows employees a reasonable survivors to apply for temporary assistance or be serious offense. accommodation in taking time off to receive medical charged fees for services. attention, counseling or court appearances. Prohibit an individual who has been convicted of a domestic violence crime from purchasing or possessing Allow domestic violence victims the right to vote by a firearm, rifle or shotgun. mailing in a special ballot. Source: New York State Office for the Prevention of Domestic Violence, www.opdv.ny.gov