Domestic Violence Law






Find a Law Firm:

What is Domestic Violence Law?

Domestic violence law provides the criminal rules for punishing those who cause emotional or physical harm to others with whom they share a family or other close relationship. It also deals with the civil protections available to victims of this type of harm. Federal legislation has been enacted making domestic violence a crime, most notably the Violence Against Women Act (VAWA). However, the vast majority of domestic violence offenses are prosecuted under state law.

Convictions for domestic violence in all states require that the defendant’s conduct and relationship to the victim meet certain standards. The statutory provisions describing these aspects of the crime differ from state to state, but generally, both the conduct and the relationship are defined broadly.

For example, a typical state statute will prohibit any conduct that causes harm to the victim, or poses a threat of harm that puts the victim in immediate, realistic fear for his or her physical safety. Whether the conduct forms the basis for a misdemeanor or felony will depend on the severity of the harm done. As far as the necessary relationship between the defendant and the victim, any past or present family, household, or dating relationship will usually qualify.

Responding to Allegations of Domestic Violence

The first step after being accused of domestic violence is to obey the orders of the court. Regardless of the veracity of the allegations, the mere fact that they have been made creates a serious situation for the individual who faces criminal charges or a civil restraining order. In either case, the court will almost surely have imposed a condition preventing contact with the accuser. Violating this condition will result in jail time and it will make defending the merits of the case more difficult.

Obeying an initial no-contact order involves more than refraining from visiting the accuser in person. Indirect contact must also be avoided, and depending on the language of the order, this will likely include telephone calls, text messaging, email and social media, and contact through a mutual acquaintance or other third party. The safest course of action is to ignore the accuser completely, and contact an attorney for help.

Legal Options Following an Arrest

After speaking with an attorney and discussing the facts of the case, a defendant charged with domestic violence will begin to more fully understand the nature of the court proceeding and the options available. A criminal case can be resolved in two ways. The defendant can decide to fight the allegations by going to trial, or the defendant can enter a guilty or no contest plea in exchange for more lenient penalties than would otherwise be imposed.

Deciding which avenue to pursue will not be easy. On one hand, obtaining an acquittal at trial means the defendant walks out of the courtroom a free individual, vindicated in the eyes of the law. On the other hand, plea bargaining gets rid of the uncertainty of trial, and allows the defendant to avoid the harsh consequences of an unmitigated sentence. While an attorney can provide insight into the matter, ultimately the decision to plead or go to trial rests squarely with the defendant.

Of course, the strength of the evidence against the defendant plays a crucial role in the decision. Domestic violence cases often involve “he said, she said” evidence, making the accuser’s credibility highly relevant. Recorded statements by the accuser are also central to the case, since the prosecution can go forward even if the accuser recants or decides not to press charges. Medical examinations, video surveillance, and the testimony of law enforcement can also suggest what the outcome of a trial will be.

Civil Remedies against a Perpetrator

From the standpoint of a victim of domestic violence, personal safety is most important. In addition to contacting the police immediately and cooperating in the criminal prosecution of the offender, victims can pursue civil remedies designed to keep the victim and other family members safe. The most common form of protection is known as a restraining order. Restraining orders are available for victims of abuse in every state. They can be obtained without cost, and assistance with the court forms is available.

Restraining orders prohibit the abuser from coming within a specified distance of the victim. They can require the abuser to cease all contact, move out of the family home, and pay child or spousal support. Depending on the nature of the order, the judge can include provisions requiring the abuser to surrender firearms, undergo substance abuse counseling, and more. Restraining orders can be obtained on an emergency or long-term basis.

A Domestic Violence Attorney can Help

The consequences of domestic violence can have a significant and lasting impact on the lives of everyone involved. If you have suffered or been accused of committing this type of harm, you need an experienced advocate on your side. Contact a domestic violence attorney to learn more.

Copyright HG.org

Know Your Rights!

Articles on HG.org Related to Domestic Violence

  • Creating a Prenuptial Agreement
    Getting married can be exciting, but it can also lead to a loss of good sense. It is easy to become wrapped up in the excitement of love and a wedding and to forget about what exactly could be at stake should things go wrong. It may not be terribly romantic, but it could be very wise to think through both the good and the bad of a marriage.
  • US Divorce Law and Statistics
    It is an unfortunate reality of our modern culture that divorce is common and widespread. If you are going through a divorce, much of the terminology and general process of divorce can be confusing and intimidating. Understanding the fundamental concepts of the American divorce system can help you in navigating through the process of divorce or legal separation.
  • Is Divorce a Virus? The Social and Seasonal Forces of Divorce Contagions
    While it may seem exaggerated, experts and studies say divorce can spread just like a disease through social groups. But are there social and seasonal patterns that could affect the future of your marriage?
  • Zimmerman Court Woes Continue: Amid Divorce, George Cannot Be Found for Service
    In any civil action, including divorces, both parties must have notice of the case. This is accomplished through service of process. While this can take many forms, some form of service must occur or the case cannot move forward and a judgment either will not be entered against that party or could be easily vacated.
  • The Pros and Cons of an Uncontested Divorce
    Ending a marriage is never a simple process. However, it can be simpler in some situations when the spouses are able to remain civil and agree between themselves how to divide the marital assets, deal with custody and support issues, and handle any other matters. Also known as an uncontested divorce, it may be hard for divorcing couples to accomplish in many instances, but the benefits can be great under the right circumstances.
  • African American Women Disproportionately At Risk For Death by Domestic Violence
    Domestic violence can happen anywhere and is not bound by race, religion, or socio-economic status. But, recent studies show that African American women are at three times the risk of experiencing a lethal domestic violence event than any other racial groups in America. Indeed, domestic violence murders are among the leading causes of death of black women ages 15 to 35.
  • Case of Baby Veronica Is a Primer on Not Just Adoption Law, but Native American Affairs
    So-Called Baby Veronica is now four years old, and has already been the subject of a case that has traveled all the way to the US Supreme Court and back down through several state courts. The case is a twisting tangle of different legal principles intermingled with social policies, making for a great primer on both adoption laws and Native American affairs.
  • George Zimmerman: Domestic Violence Raises Questions About Use of Violence and Florida Stand Your Ground Law
    On September 9, 2013, George Zimmerman, infamous after his slaying of 17-year-old Trayvon Martin and subsequent acquittal, made headlines again over a domestic violence dispute. Shellie Zimmerman, George Zimmerman's wife, told a 911 operator that her husband George "was going to shoot" her and her father at their Florida home. So, would she have had the right to shoot George Zimmerman had he threatened violence?
  • New Jersey Child Visitation Laws
    Children are often the most difficult factor to sort out when a relationship ends. There is very little stronger than a parent's love for their child, making visitation issues very emotional and volatile.
  • Detecting Nursing Home Abuse and Neglect
    It may seem unthinkable that anyone would want to injure a defenseless elderly person, but it happens everyday. Nursing home abuse takes many forms, but all of it can be damaging, whether emotionally, physically, or financially. Knowing the signs of nursing home abuse and contacting a nursing home abuse lawyer if you know or suspect your loved one has been abused or neglected is critical in protecting both your loved one and others who may not have family or those as attentive as you.
  • All Family Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law including: adoption, alimony, child support and custody, child visitation, collaborative law, divorce, domestic violence, elder law, juvenile crime, juvenile law, juvenile probation, paternity, pre-nuptial agreement, separation.

Domestic Violence - US

  • ABA - Commission on Domestic Violence

    The ABA Commission addresses the need to increase the number of well-trained and supported attorneys providing representation to victims by providing creative training opportunities for lawyers.

  • AEquitas - The Prosecutors' Resource on Violence Against Women

    AEquitas' mission is to improve the quality of justice in sexual assault, domestic violence, dating violence, and stalking cases by developing, evaluating, and refining prosecution practices that increase victim safety and offender accountability.

  • Domestic Violence - Overview

    Domestic Violence isn't just hitting, or fighting, or an occasional mean argument. It's a chronic abuse of power. The abuser tortures and controls the victim by calculated threats, intimidation, and physical violence. Actual physical violence is often the end result of months or years of intimidation and control.

  • Federal Domestic Violence Laws and the Enforcement of These Laws

    This legislation, called the Violence Against Women Act (VAWA), recognized that "violence against women is a crime with far-reaching, harmful consequences for families, children and society" (Domestic and Sexual Violence Data Collection, A Report to Congress under the Violence Against Women Act, 1 [NIJ Research Report 1996]).

  • USDOJ - Office on Violence Against Women (OVW)

    The Office on Violence Against Women (OVW), a component of the U.S. Department of Justice, provides national leadership in developing the nation's capacity to reduce violence against women through the implementation of the Violence Against Women Act (VAWA).

  • Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA)

    The Violence Against Women Act of 1994 (VAWA) is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994 HR 3355 and signed as Public Law 103-322 by President Bill Clinton on September 13, 1994.

Organizations Related to Domestic Violence

Domestic Violence - International