Domestic Violence

Domestic Violence Laws and Penalties

Domestic violence is a violent act committed against a person in a domestic relationship whom the law protects from assault, such as a spouse, a relative, or a dating or sexual partner. Some states also classify threats to commit violent acts against protected persons as domestic violence.

Differentiating Between Domestic Violence and Abuse

“Domestic violence” and “domestic abuse” are used in news stories to refer to incidents or allegations of physical violence committed between people who are married, who live together, or are who are dating.

Federal Penalties for Domestic Violence Crimes

Persons who commit acts of domestic violence risk violating not only state and local laws but also federal statutes that prohibit domestic violence. The Violence Against Women Act of 1994 (VAWA) criminalizes instances of domestic violence that involve interstate or foreign travel.

Falsely Accused of Domestic Violence

Domestic violence (DV) is a crime of violence, typically an assault, battery, stalking, or criminal harassment, perpetrated by someone against a family or household member. Some states have specific statutes that are separate from the general assault statutes.

When parents physically discipline their children, does this amount to domestic violence?

Domestic violence laws target physical abuse that occurs between family members, people who live in the same home, and people in romantic, sexual, or dating relationships. Parents and children fall within states’ definitions of “family members” to whom these laws apply.

If someone whom I've dated for just a few times hits me, can he be charged with domestic violence?

If someone whom I've dated for just a few times hits me, can he be charged with domestic violence?

Can the courts help a prior victim of spousal abuse?

Victims of domestic abuse may request that a court issue a protective order, known as a restraining order or order of protection by some states. Domestic violence protective orders are designed to protect persons who have been physically abused by a family or household member and who risk being abused again unless the court intervenes.

Can the police be sued for improperly investigating a domestic violence claim?

Many states have laws that place specific duties on law enforcement officers who investigate allegations of domestic violence. State laws also protect officers who perform domestic violence investigations from being charged with a crime or being sued by suspects, victims, or witnesses.

My husband was arrested for domestic violence. Can I get the prosecutor to drop the charges?

Question: My husband got into an argument and things got out of hand. We've been married 5 years and he has no criminal record.

Can someone be prosecuted for domestic violence even if the victim refuses to testify at trial?

In many states, people are entitled under law to refuse to testify against their spouse in a court proceeding. Commonly known as the spousal testimonial privilege (one of several privileges referred to as the spousal privilege or marital privilege), the privilege is meant to preserve harmony within a

What are the consequences of pleading "no contest" to a charge of domestic violence?

A  nolo contendere  or “no contest” plea is a plea entered by a defendant to a criminal charge. By pleading  nolo contendere  or no contest, the defendant does not admit the criminal charge but chooses not to contest it.

In domestic violence cases, are female defendants treated more leniently than male defendants?

A 2010 study by the  Center for Disease Control  estimates that one in four women and one in seven men are victims of severe domestic violence.

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