Domestic violence is a serious issue in society and not all types are the same. Domestic violence and abuse, also called intimate partner violence is when one person purposely causes either physical or mental harm to another including:
- Physical abuse
- Psychological or emotional abuse
- Sexual assault
- Isolation
- Controlling all of the victim’s money, shelter, time, food, etc.
Domestic Abuse Crimes and Penalties
There are differences in frequency, severity, purpose, and the outcome. The Violence Against Women Act (VAWA) was first passed in 1994 and made domestic violence and sexual assault crimes. In 2000, the law was renewed and stalking and dating violence were added to the list of crimes covered by the law.
| Types of Domestic Violence | Description | Penalties & Sentencing |
| Domestic abuse that includes physical violence is called domestic violence | First-time offender is usually placed on probation with a few days of jail time and community service. Fines can range up to $6,000. Misdemeanors can result in one year in county jail. Felonies can result in state prison. | |
| Verbal or Non-Verbal Abuse | Psychological abuse, mental abuse, and/or emotional abuse | There is currently no law against psychological violence; however if one partner has been abusive in the relationship, this could jeopardize their child custody rights |
| Sexual Abuse | Forcing someone to participate in unwanted, unsafe, or degrading sexual activity is sexual assault | Sexual assault is a felony and punishable for a minimum of 5 years and up to 14 years in prison. The fines can range anywhere from $1,000 to $15,000 depending on the case and the state where the crime occurred |
| Stalking or Cyber Stalking | Harassment of or threatening another person including through the use of the internet | Stalking is usually categorized as a misdemeanor and jail time can be a term of up to 2 years. The fines range from $1,000 to $5,000.
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| Economic Abuse or Financial Abuse | Withholding economic resources, stealing or defrauding a partner of money or assets | Depending upon the severity of the offense, a spouse can report the crime to the police. If it involved theft, fraud, forgery or extortion, the can be guilty of a felony which carries a minimum of 1 year in jail and fines of up to $10,000. |
| Spiritual Abuse | Using the partner’s religious or spiritual beliefs to manipulate them, or preventing them from practicing their beliefs | While there may not be a law against this type of abuse, this type of behavior can be held against a spouse during a divorce. If one spouse forced the children to be reared in a faith that the partner has not agreed to, that can be held against them during child custody proceedings. |
The domestic violence penalty or punishment varies with each case. However, it may include prison or jail time, fines, community service, probation, and completing a domestic violence treatment program or chemical dependency program.
Fighting a Domestic Violence Charge and How a Lawyer Can Help
All individuals that have been charged with a domestic crime have the right to seek professional legal services. If you have been wrongly accused of domestic violence, you should consult with a criminal defense attorney who can help you fight the charges.
