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, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, or strangulation, identity theft, grand larceny, or coercion; and 

1. 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
2. Such act or acts are or are alleged to have been committed by a family or household member. 

“Family or household members” mean the following individuals: 

1. persons related by consanguinity or affinity (blood or a person’s relation to blood relatives of their spouse); 
2. persons legally married to one another; 
3. persons formerly married to one another regardless of whether they still reside in the same household; 
4. persons who have a child in common regardless of whether such persons are married or have married or have lived together at any time; 
5. unrelated persons who are continually or at regular intervals living in the same household or who in the past continually or at regular intervals lived in the same household; 
6. persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; or
7. any other category of individuals deemed to be a victim of domestic violence as defined in regulation by the New York State Office of Children and Family Services. 

“Parent” means a natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.