The Domestic Violence Survivors Justice Act (DVSJA) is a New York State law enacted to address the unique circumstances of domestic violence survivors who become involved in the criminal legal system. Signed into law on May 14, 2019, the DVSJA allows for reduced or alternative sentencing for survivors whose abuse was a significant contributing factor in the crimes they committed.

Key Provisions

  • Sentencing Flexibility: Judges are granted more discretion to impose reduced sentences or community-based alternatives, such as probation or community service, instead of incarceration.
  • Resentencing Options: Survivors who are currently incarcerated may be eligible for resentencing if they meet specific criteria under the law.
  • Consideration of Abuse: Judges can take into account the survivor's history of abuse when determining an appropriate sentence, recognizing the impact that the abuse had on the circumstances leading to the crime.
  • Alternative Sentencing Options: In addition to reduced incarceration, sentencing may include probation, fines, restitution, or community service.

The resentencing provisions of the DVSJA became effective on August 12, 2019, allowing incarcerated survivors to petition for reconsideration of their sentences under this law.

  • A detailed timeline of the history of the DVSJA is available through our partners at the Survivors Justice Project.

  • This guide, developed by the Survivors Justice Project, is written for individuals applying for sentencing or resentencing under the Domestic Violence Survivors Justice Act (DVSJA) and provides additional information and support.

    Attorneys, judges, prosecutors, service providers/advocates, jail/prison staff and others can also use this guide to learn more about the DVSJA and working with survivors of domestic violence who have been arrested, prosecuted or sentenced.