Criminal Laws on Domestic Violence

Criminal laws on domestic violence vary by state. Each state has the right to decide criminal matters and has its own criminal code and sentencing guidelines. Each case will be decided based on the laws of a particular jurisdiction and the facts of the particular case.

Domestic Violence Laws

It is a crime to threaten or injure another person. When this crime is against someone you know, it may be considered domestic violence. The courts do not take domestic violence cases lightly because they can be the product of ongoing abuse. The cycle of domestic abuse is difficult to break which is why advocates have, in many states, made it more serious for a person to commit a crime in a domestic relationship than on a stranger.

Under federal law, victims of domestic violence are protected under the Violence Against Women Act (VAWA). While men can also experience domestic abuse, this federal law is targeted toward women and children living in domestic violence households. VAWA covers interstate cases because it involves federal law. Generally, states govern cases that occur within their bounds; however, when a case involves multiple states or crossing of state lines, the federal law may come into play.

Penalties in Domestic Violence Cases

Penalties will be determined for a particular case based on governing law and the outcome of the case. Some jurisdictions impose a minimum jail sentence when a defendant is convicted. Other penalties that may be imposed in a domestic violence conviction may include:

• Fines and court costs
• Courses on anger management (may also be called a domestic batterers class)
• Probation
• Restraining orders
• Removal from your residence

The punishment and sentencing will be determined by the court based on whether any injuries were involved in the case and the background of the defendant. Prior convictions are likely to lead to more severe sentencing penalties. If the victim was injured, the likelihood of serious penalties is also greater.

Getting Legal Advice

If you have been involved in a domestic dispute and have questions about how the law will work in your case, an attorney can give you advice and explain the law in your jurisdiction. Each case is handled based on its particular facts. While no two cases are the same, an attorney who has experience with similar cases can help you understand the potential outcomes in your case.