Cameron Miranda
Domestic violence is a serious issue that can take many forms, including physical, sexual, emotional, economic, psychological, and technological abuse. In the past, domestic violence was not always considered a crime, but today all 50 states have laws in place to address it. The Violence Against Women Act (VAWA) is a federal law that provides protection and support to victims of domestic violence and their family members. It also established a national hotline for reporting abuse and seeking help. In addition to federal laws, each state has its own laws addressing domestic violence, and these can differ in their specific provisions. If you or someone you know is experiencing domestic violence, there are legal options available, including protective orders and restraining orders, as well as free consultations with attorneys who specialize in these cases.
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What You'll Learn
The Violence Against Women Act (VAWA)
One of the key successes of VAWA is its emphasis on coordinated community responses to domestic violence. Courts, law enforcement, prosecutors, victim services, and the private bar now work together at the state and local levels to address these issues. VAWA also introduced "mandatory arrest," which means that law enforcement officers responding to domestic violence calls must arrest one of the parties involved if they have probable cause to believe the person could be charged with domestic violence.
VAWA has also made significant changes to housing protections for survivors of domestic violence. It provides housing protections for people applying for or living in federally subsidized units who have experienced domestic violence, dating violence, sexual assault, or stalking. These individuals cannot be denied admission or assistance under HUD-subsidized or assisted housing programs due to their status as survivors. VAWA also includes provisions to prevent unfair evictions due to one's status as a victim of domestic violence or stalking.
VAWA has been reauthorized multiple times, with additional provisions and expansions being made to the original act. In 2013, VAWA was expanded to include protections for LGBTQ individuals experiencing intimate partner violence and to allow for the prosecution of non-Native Americans in tribal courts for violence perpetrated against Native Americans. The 2022 reauthorization of VAWA included increased funding for housing supports, legal assistance, alternatives to criminal responses, and prevention programming.
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State-specific gun laws
The law can protect individuals from domestic violence through the implementation of restraining orders and protective orders. These legal measures can prohibit the abuser from making contact or coming within a certain distance of the victim. In addition, federal law prohibits individuals convicted of a felony or subject to a domestic violence protective order from possessing a firearm. This includes individuals convicted of a "misdemeanour crime of domestic violence", as defined by the 1968 Gun Control Act and subsequent amendments.
California has strict gun laws and requires individuals subject to domestic violence protective orders to surrender their firearms. California also requires the subject to provide proof of the surrender of their firearms. Other states with similar laws include Connecticut, Hawaii, Illinois, Indiana, Kansas, Louisiana, Massachusetts, Michigan, Minnesota, Nebraska, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, and Wisconsin.
Some states, such as Florida, have laws that allow law enforcement officers to remove firearms from the scene of a domestic violence incident. These laws vary in terms of whether removal is required or simply authorised, and they specify which firearms must be removed and the procedure for their return.
Additionally, several states have gone beyond federal law to prohibit stalkers from purchasing or possessing firearms. For example, Texas and Indiana prohibit the purchase and possession of firearms by individuals convicted of misdemeanour stalking crimes.
While these state-specific gun laws provide additional protection for victims of domestic violence, it is important to note that enforcement of these laws can vary, and there may be gaps or loopholes that need to be addressed through legislative action.
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Criminal justice and litigation
The American justice system has not always treated domestic violence as a crime. However, since the 1960s, the Women's Liberation Movement has influenced a shift in attitudes, and all 50 states now have laws addressing domestic violence. The Violence Against Women Act (VAWA) is a federal law that protects victims of domestic violence and their identities. The act also established a national domestic violence hotline to help people report serious bodily injury and protect the victims' privacy. VAWA introduced "mandatory arrest", meaning that law enforcement officers responding to domestic violence calls must arrest one of the parties involved, given that they have probable cause to believe the person could be charged.
Federal law also recognises the right of a victim in a VAWA case to speak to the judge at a bail hearing to inform them of any danger posed by the release of the defendant. Additionally, victims have the right to address the court in person at the time of sentencing. Other rights of victims under VAWA include the right to be treated with fairness and respect for their dignity and privacy, the right to reasonable protection from the accused offender, and the right to be present at all public court proceedings related to the offense.
The Office on Violence Against Women (OVW) provides a set of eight basic principles to help ensure that gender bias does not undermine efforts to keep survivors safe and hold offenders accountable. The Prosecutors’ Framework is a practical blueprint to strengthen the national response to domestic violence and reduce declinations of meritorious allegations. It equips prosecutors to build provable cases in a trauma-informed manner that treats victims with humanity and ensures due process for defendants.
State laws also provide a privilege of confidentiality for victims of domestic or sexual violence and the non-attorney advocates who help them. Victims of domestic violence can also sue their abuser for medical costs, destroyed property, or other damages. Additionally, state-specific gun laws prohibit people from possessing firearms in certain situations, such as after a conviction for a qualifying domestic violence misdemeanor.
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Safety planning and protective orders
If you or a family member are under threat of physical harm or are victims of domestic violence, you should seek legal help. A family law attorney can assist you in safety planning and protective orders. Many attorneys offer free consultations.
Safety planning may include:
- Keeping a protective order with you at all times, and giving copies to family, friends, schools, employers, and babysitters.
- Staying out of rooms with no exit.
- Avoiding rooms that may contain weapons.
- Choosing a code word that alerts friends and children to call the police.
- Leaving a suitcase and checklist items with a friend.
- Changing the locks on doors and windows.
- Changing your telephone number, screening calls, and blocking caller IDs.
- Installing or increasing outside lighting.
- Considering getting a dog.
- Informing your landlord or neighbour of the situation and asking them to call the police if your abuser is seen near your house.
A protective order, or order of protection, is a court order signed by a judge to promote the safety and protection of victims of partner and family member assault, sexual assault, and stalking. A person seeking an order of protection must meet certain eligibility requirements. For example, the person inflicting the abuse or making threats must be a family member, intimate partner, or former intimate partner; a stalker; a perpetrator of past physical or sexual assault; or someone who has assaulted you, whether or not you have had an intimate relationship with them. Minors may petition for an order of protection through a parent, guardian ad litem, or other representative.
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National Domestic Violence Hotline
Domestic violence is a pattern of abusive behaviour in any relationship that one partner uses to gain or maintain power and control over another intimate partner. This abuse can be physical, sexual, emotional, economic, psychological, or technological actions or threats. The law protects victims of domestic violence and considers it a crime. The Violence Against Women Act (VAWA) is a federal law that protects victims of domestic violence and their identities. It also provides shelter and protection to victims and their family members. VAWA also introduced "mandatory arrest", which requires law enforcement officers responding to domestic violence calls to arrest one of the parties involved, given that they have probable cause.
The National Domestic Violence Hotline provides essential tools and support to help survivors of domestic violence live their lives free of abuse. The Hotline is available 24 hours a day, seven days a week, 365 days a year. Advocates are available to chat 24/7, and the website also offers a domestic violence-informed compassionate AI chat called Ruth for when you are unable to reach a live advocate. The Hotline helps people report serious bodily injury and protects the victims' privacy. If you are in immediate danger, please call 911.
Additionally, there are state-specific laws that protect victims of domestic violence, sexual assault, and stalking in the workplace. These laws may provide a privilege of confidentiality for victims and non-attorney advocates. They may also address gun laws and restrict an abuser's access to firearms. Furthermore, you may have the right to sue an abuser for medical costs, destroyed property, or other damages.
Remember, seeking legal help is essential. A family law attorney can assist you in safety planning, obtaining protective or restraining orders, and understanding your rights. Many attorneys offer free consultations.
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Frequently asked questions
Domestic violence is a pattern of abusive behaviour in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats.
As a victim of domestic violence, you have the right to be treated with fairness and respect for your dignity and privacy. You also have the right to be reasonably protected from the accused offender. Additionally, you have the right to speak to the judge at a bail hearing and inform them of any danger posed by the release of the defendant. You may also have the right to sue an abuser for medical costs, destroyed property, or other damages.
You can seek legal help from a family law attorney who can assist you in safety planning, obtaining protective orders, and understanding your rights. You can also contact a National Domestic Violence Hotline, such as the National Domestic Violence Hotline in the US, which provides essential tools and support to survivors of domestic violence 24 hours a day, seven days a week.
