Differentiating Between Domestic Violence and Abuse

You’ve probably heard people use the terms “domestic violence” and “domestic abuse” to describe physical violence between people who are married, living together, or dating. These terms are used interchangeably in everyday talk. But in the legal context, these terms have specific meanings and often include physical and sexual assault, threats, and other crimes between persons in intimate or familial relationships. Differences also exist between these terms when discussing civil versus criminal matters.

In this article, we’ll address domestic abuse and violence in the context of criminal statutes, law enforcement arrests, and civil protection (restraining) orders. (It won’t cover divorce and custody matters.)

What Are the Differences Between Domestic Abuse and Domestic Violence?

In many states, these terms differ only in how the law defines them.

Criminal and Civil Domestic Abuse and Violence Laws

States address domestic abuse and violence through both criminal and civil laws.

Criminal laws. Law enforcement and prosecutors get involved in criminal matters, and an arrested suspect or convicted defendant can end up behind bars.

Civil laws. In civil matters, it’s the victim seeking protection from the abuser through restraining and protection orders. The victim can file a petition in court asking the judge to prohibit contact by the abusing party.

For consistency, this article will refer to “domestic abuse” for civil protection matters and “domestic violence” for criminal matters. But know that your state might use these terms differently. Some states refer to such acts as family violence, family abuse, domestic battery, or another term. You’ll want to check your state’s laws for the details.

Domestic Abuse Is More Than Physical Violence

Whatever terms are used in your state, know that domestic abuse and violence are not limited to physical violence. Many states define domestic abuse or violence more broadly, such as any acts or threats of physical or sexual violence committed by and against an intimate partner or family member.

Let’s say Jess and Taylor broke up recently after a year of dating. Jess keeps texting Taylor threatening messages and even slashes Taylor’s car tire. Taylor fears for her safety—not just from physical harm but from constant threats. In many states, those threats, intimidation, and property damage could all count as domestic abuse (for a protection order) and be considered domestic violence if they lead to criminal charges.

What Relationships Are Covered by Domestic Abuse and Violence Laws?

Domestic abuse and domestic violence laws don’t just apply to married couples. Covered relationships often include:

• current and former spouses or dating partners
• people who live or have lived together
• anyone sharing a child (including expectant parents), and
• people related by blood, adoption, or marriage (even in-laws and step-relations).

For example, if someone threatens their ex-boyfriend with violence or locks their stepmother in a room so she can’t leave, these cases may fall under a state’s domestic abuse or violence laws.

Federal criminal laws on domestic violence are narrower and don't generally cover familial relations beyond parent and child. (18 U.S.C. §§ 117, 921, 2261 (2025).)

How States Commonly Define Domestic Abuse

Domestic abuse often includes the following acts committed against a family member or intimate partner:

• intentional acts that cause harm, pain, or injury
• intentional threats and acts that make another afraid of being hurt, and
• sexual assault or sextortion.

Some states go further, covering property crimes like trespassing and vandalism as forms of abuse. A growing number of states (like California, Colorado, and Hawaii) recognize “coercive control”—a pattern of psychological, emotional, or financial abuse—as a form of domestic abuse in civil law. For example, if one partner tracks the other’s phone, restricts their spending or who they can talk to, or hurts their pet, these actions can be considered abuse.

(Cal. Fam. Code § 6320(c); Colo. Rev. Stat. § 13-14-101; Haw. Rev. Stat. § 586-1; Minn. Stat. § 518B.01 (2025).)

Domestic Abuse: Civil Protection Orders

Most acts of domestic abuse are crimes, but not all abusers get sent to jail. Sometimes, the victim doesn’t want the abuser in jail; they just want the violence to stop. Protections found in civil or family laws might help these victims. For example, a victim of domestic abuse can apply directly to a civil court for a protection or restraining order. This process is different from a prosecutor filing criminal charges against the abuser. While both can happen at the same time, this civil process allows victims to seek action quickly to attempt to stop or prevent abuse from happening.

How Victims Get Domestic Abuse Protection Orders

The victim will need to file papers with the court establishing that they fear abuse or violence or have been subject to abuse or violence from an intimate partner or family member. If the victim meets the legal conditions, the judge may order a temporary protection order immediately and then hold a hearing after notifying the alleged abuser. A more permanent and comprehensive order can be ordered after the hearing. It might last one or two years or even longer.

What Actions Violate a Protection Order

In a protection order, a judge can order the abuser to stay away from and not contact or harm the victim or any children. The abuser won’t be allowed to possess a firearm. The order can also direct the abuser to move out of a shared home, provide child support, pay for housing and vehicle expenses, and continue any insurance coverage. State law might also direct the abuser to refrain from harming or threatening to harm the victim’s pets. A violation can mean additional criminal charges.

How States Commonly Define Domestic Violence Crimes

States might have specific domestic violence crimes, such as domestic assault or battery. Others list crimes that are considered domestic violence if committed against an intimate partner or family member. Common domestic violence crimes include:

• murder and manslaughter
• assault and aggravated assault
• strangulation or suffocation
• threatening, intimidating, or endangering another
• kidnapping or holding someone against their will
• sexual assault
• property crimes, like trespass and property damage
• harassment, stalking, voyeurism, and revenge porn
• animal cruelty connected to abuse, and
• interference with 911 calls (such as grabbing the phone to stop someone from calling for help).

Not every state’s list is the same. Property crimes and animal cruelty, for instance, fall under some states’ domestic violence laws but not all.

(Ariz. Rev. Stat. § 13-3601; Minn. Stat. § 609.02, subd. 16 (2025).)

Criminal Law: How Domestic Violence Cases Work

Criminal laws address domestic violence from the arrest stage through conviction and sentencing. These laws not only punish the abusers but also seek to protect victims and prevent future harm.

Mandatory Domestic Violence Arrest and Bail Policies

When police respond to a domestic violence call, an officer can generally arrest the suspect even without seeing the incident firsthand. All the officer needs is probable cause (objective facts)—like visible injuries or broken items scattered around the house—to arrest and haul the suspect down to jail for booking.

The accused will need to go before a judge to get out of jail. The judge making decisions on bail and pretrial release will consider whether the defendant might flee or harm the victim. Conditions of release might include:

• no contact with the victim
• surrendering all firearms, and
• posting a bond (that will be forfeited if the accused flees or harms the victim).

Some states restrict where the suspect can go and impose location restrictions by making them wear a GPS tracking device.

(Wis. Stat. § 968.075 (2025).)

Consequences of Domestic Violence Convictions

Consequences for domestic violence convictions can be tough. A person can face:

• jail or prison time (sometimes mandatory minimum sentences are imposed)
• mandatory counseling, no-contact orders, and firearms restrictions
• fines and surcharges, and
• restitution paid to the victim.

Some states impose harsher penalties for crimes involving domestic violence than those that don’t. For instance, a defendant who hits a stranger might face 180 days of jail time. But if that same defendant hits an ex-spouse, it could double the jail time and add mandatory counseling.

First-time domestic violence convictions often carry misdemeanor penalties. However, felony charges are common when:

• the offender has prior domestic violence convictions
• the offender violated a protection order during the abuse
• a child witnessed or heard the domestic violence
• the victim was pregnant
• the victim suffered serious bodily harm
• the offender used or brandished a weapon, or
• the offender strangled or attempted to suffocate the victim.

During sentencing, judges typically impose no-contact orders and firearm restrictions. Violating either restriction can result in additional criminal charges. Protection orders remain in place until completion of the sentence. Firearm restrictions, however, can last for years or result in a lifetime ban. Some states require the defendant to surrender their firearms.

(18 U.S.C. § 922 (2025).)

Is Domestic Violence a Federal Crime?

Committing domestic violence can result in federal criminal charges. Federal jurisdiction may apply when domestic violence occurs on federal land or when an abuser, intending to commit domestic violence, crosses state lines or causes a victim to travel across state lines.

The federal crime of interstate domestic violence carries felony penalties ranging from 5 years to life in prison. Penalties are based on the extent of a victim’s injuries and whether a weapon was used. (18 U.S.C. § 2261 (2025).)

Habitual offenders—those with two prior state or federal domestic violence convictions—can also face federal prison time for domestic assault. (18 U.S.C. § 117 (2025).)

Getting Legal Help

A defendant facing criminal charges should contact a criminal defense lawyer or ask for a public defender.

Victims seeking protection orders can usually find instructions on court websites or find assistance from advocacy groups. If the process becomes unwieldy, a victim might consider hiring a lawyer. The National Domestic Violence Hotline offers several resources and directories.