Domestic violence is violent acts that are done by a member of a household or family member. It most commonly involves one’s partner or children. According to the US Surgeon General, domestic violence is the top health concern in the country today.
The victims of domestic violence can by anyone, matter their age, race, gender, education level or economic status. Domestic violence once was referred to as wife abuse, but it is not unusual for men and others to be victims as well.
Many people believe that a victim of domestic violence can only get a protective order against a spouse but this is not true. Many states allow protective orders to be issued against lovers and partners who live in the same dwelling.
Dating violence is a related form of domestic violence. It is committed by a person in a social, intimate or romantic relationship with the person. State laws define dating violence based upon how long the relationship has been; the type of relationship and how often the partners interact.
You Tube Special Feature
Sometimes a person who engages in domestic violence may appear to the outside world as friend, outgoing and the nicest person you ever would meet. But sometimes behind closed doors, things are very different. Watch the You Tube video below to learn more.
Domestic Violence Laws
State definitions of domestic violence vary, but it generally is defined under state law as a crime where a member of one family or household commits a major act of violence against another person who lives in the same house. One of the most serious charges in this area is felony domestic violence; it can occur between husband and wife, partners, people who are dating, parents and children and others who live in the same home.
Domestic violence felony charges usually are filed related to assault and battery between two people who live in the same home. But there can be other serious crimes involved, such as rape or sexual assault.
Domestic violence may be treated as a misdemeanor in some cases, but aggravating factors can make it a felony charge. An example is when a simple assault turns into aggravated assault. Domestic violence will usually be charged as a felony in these cases:
- Acts of violence that lead to death or serious injury to the victim
- Criminal acts that are done against minors
- Violence acts or threats that involve a deadly weapon
Domestic Violence Crimes and Charges
The Department of Justice states the definition of domestic violence is a regular pattern of abusive behavior in any close relationship that is used by one person on another person to gain or maintain control. Some of the common forms of domestic violence are:
- Physical abuse that can include biting, hitting, battering, shoving, burning, cutting, pinching, punching, etc. Physical abuse in domestic violence also can include not allowing someone needed medical treatments.
- Sexual abuse. This happens when the offender tries to get the person to have sex with them without their consent. This may be referred to as marital rape, and also can include physical violence that is followed by sex, or sexually demeaning the victim.
- Emotional abuse. Deflating the person’s sense of self worth and self esteem. Name calling, constant criticism, injuring the person’s relationships with their family, etc.
- This includes following the victim, watching, harassing or spying on them. Also may include stalking them online, making phone calls, text messages or leaving written messages.
- Psychological abuse: Invoke fear in the person through intimidation; threatening to hurt the person or children; isolate the victim from her friends or family.
- Financial abuse. This type of abuse may involve a partner preventing the other from getting an education or getting a job outside the home. This type of abuse is common when couples pool their money in joint accounts.
Domestic Violence Punishment
Felony domestic violence is more serious than misdemeanor domestic violence. Misdemeanors for domestic violence are usually punished by fines and up to a year in jail.
However, a felony domestic violence charge can result in several years in prison; heavier fines up to thousands of dollars; rehabilitation program and long periods of probation. You also may lose your visitation rights for your children and no longer be able to own a firearm.
Different states will have different punishments for domestic violence. Below are some examples:
- California: Misdemeanor domestic violence usually involves at least 30 days in jail, and this can be lengthened if you commit a felony or have been previously charged in the past seven years.
- Texas: Generally viewed as a class C misdemeanor that can be punished by one year in jail, but worst cases can be a first degree felony with five to 99 years in prison.
- Colorado: For a misdemeanor domestic violence conviction, you face up to a year in jail and 24 months of probation.
Domestic Violence Defenses
All allegations of domestic violence are taken seriously. This is because more than one million women are assaulted by a partner or spouse every year. And men can be victims of domestic violence as well. But there are cases where it is possible to defend yourself from a domestic violence allegation. Below are some of the most common defenses:
- Wrong person: If you claim that another person committed the abuse, there are several ways to establish your innocence. You can present evidence that shows you were not near the scene of the alleged crime.
- False allegations: Some so called victims may make false allegations of abuse due to spite. This is common in divorce and child custody cases. Your defense attorney will look for inconsistencies in the person’s story and compare their version of events to police reports and witness statements.
- Self defense: The defendant may claim they were acting in self defense, and possibly to protect their children. This defense may work if you perceived an imminent threat.
- Consent: In a few cases, the person may have consented voluntarily to participating in an act of violence.
- No proof: Your strongest defense is your defense attorney simply showing the prosecution does not have strong enough proof to convict you beyond a reasonable doubt.
If you are the victim of domestic violence, there are several legal protections available to you in most states, such as:
- Temporary restraining order. Orders the person to avoid contact with you; typically done when a trial is ongoing, and will last a few weeks.
- Permanent injunction. Issued after the full hearing and can be part of the sentence for the convicted person. It may include a long period of time where he or she cannot contact you.
- Civil lawsuit. Victim can file a personal injury lawsuit to recover funds for lost wages, medical bills and pain and suffering.
- Custody and child support. Can be modified to avoid any possible violence between the spouses or partners.
Domestic Violence Statute of Limitations
States generally have a statute of limitations on domestic violence and assault and battery in the three to five year range. Some states have special considerations for domestic violence cases; if there is a long history of violence and continued until before the end of the statute of limitations, all of the violence that has occurred could be considered.
Domestic Violence Cases
- Four Domestic Violence Cases Headed to Court in Kentucky – Police say seven of the 10 homicides in Louisville, Kentucky in 2018 were related to domestic violence. There have been arrests in each of those criminal cases this week and four of them are going to go before a judge soon. One of them currently is being held on a murder charge in Florida.
- Louisville Sees Increase in Domestic Violence Cases – In the last few weeks in Louisville, Kentucky, a woman was accused of beating a man with a club, and a husband and wife were found shot to death in their home. Both cases involved potential domestic violence.
- San Francisco Sheriff Wants to Confiscate Firearms As Domestic Violence Increases – CA gun owners who have been served with domestic violence restraining orders are required by law to hand over their guns in 24 hours, but the city does not currently have the manpower available to ensure they do.
Quick Links and References
- National Domestic Violence Hotline
- Dealing with Domestic Violence
- Department of Justice Domestic Violence Resources
- States with the Most and Least Domestic Abuse Cases
Domestic Violence Laws By State
Domestic violence involves abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. The specifics and penalties for domestic violence vary significantly by state:
Under Code of Alabama Section 13A-6-132:
- Domestic violence in the third degree is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $6,000.
Under Alaska Statutes Section 11.41.270:
- Domestic violence can lead to Class A misdemeanors or more serious felony charges, depending on severity, punishable by up to 10 years in prison.
Under Arizona Revised Statutes Section 13-3601:
- Domestic violence is prosecuted based on the underlying crime, which can range from a misdemeanor to a felony, with penalties varying widely.
Under Arkansas Code Section 5-26-305:
- Third-degree domestic battering is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $2,500.
Under California Penal Code Section 273.5:
- Willful infliction of corporal injury on a spouse or cohabitant is a felony, punishable by up to 4 years in prison and fines up to $6,000.
Under Colorado Revised Statutes Section 18-6-800.3:
- Domestic violence is an enhancer to other crimes and can lead to mandatory arrest and increased penalties, including longer sentences and higher fines.
Under Connecticut General Statutes Section 46b-38b:
- Domestic violence, or family violence, results in mandatory arrests and can be prosecuted as assault, threatening, etc., with penalties varying by degree of the crime.
Under Title 11, Section 1041 of Delaware Code:
- Domestic violence is prosecuted based on the underlying crime, which can range from misdemeanor to felony, including possible prison time and fines.
Under Florida Statutes Section 741.28:
- Domestic violence battery is a first-degree misdemeanor, punishable by up to 1 year in jail or 12 months of probation, and a $1,000 fine.
Under Georgia Code Section 19-13-1:
- Family violence battery is a misdemeanor for the first offense, but subsequent offenses are felonies, punishable by 1 to 5 years in prison.
Under Hawaii Revised Statutes Section 709-906:
- Domestic abuse is generally a misdemeanor unless injuries occur, then penalties increase, including longer jail terms and mandatory intervention programs.
Under Idaho Code Section 18-918:
- Domestic violence can be charged as a misdemeanor or felony, with penalties ranging from fines and short-term jail to prison terms for severe cases.
Under Illinois Compiled Statutes 750 ILCS 60/103:
- Domestic battery is a Class A misdemeanor, with potential for felony charges if aggravating factors exist, punishable by up to 7 years in prison.
Under Indiana Code Section 35-42-2-1.3:
- Domestic battery is a Class A misdemeanor, but can be a felony under certain circumstances, with penalties including up to 2.5 years in prison and fines.
Under Iowa Code Section 236.2:
- Domestic abuse assault can be a misdemeanor or felony, depending on circumstances, with penalties including jail or prison time and mandatory treatment programs.
Under Kansas Statutes Section 21-5414:
- Domestic battery is a misdemeanor, but becomes a felony on the third conviction, with increasing penalties, including possible prison time.
Under Kentucky Revised Statutes Section 403.720:
- Domestic violence and abuse can be charged as assault, which is a misdemeanor or felony, with severe cases leading to significant prison terms.
Under Louisiana Revised Statutes Section 14:35.3:
- Domestic abuse battery is a misdemeanor, with increasing penalties for subsequent offenses, including longer jail terms and mandatory intervention programs.
Under Maine Revised Statutes Title 19-A, Section 4002:
- Domestic violence is prosecuted under assault or battery laws, with penalties varying based on severity and whether a protection order was violated.
Under Maryland Code, Family Law Section 4-501:
- Domestic violence is treated as assault, with penalties depending on the severity of the assault, and can include prison time and fines.
Under Massachusetts General Laws Chapter 209A:
- Domestic violence is prosecuted as assault and battery, with possible charges ranging from misdemeanors to felonies, with varying penalties including prison time.
Under Michigan Compiled Laws Section 400.1501:
- Domestic violence is generally a misdemeanor, but repeat offenses can be felonies, with penalties including jail or prison time and mandatory counseling.
Under Minnesota Statutes Section 518B.01:
- Domestic abuse may result in misdemeanor or felony charges, with penalties including jail or prison time, fines, and mandatory intervention programs.
Under Mississippi Code Section 97-3-7:
- Simple domestic violence is a misdemeanor, but aggravated domestic violence is a felony, with penalties including up to 20 years in prison.
Under Missouri Revised Statutes Section 455.010:
- Domestic assault can be charged as a misdemeanor or felony, with penalties up to 15 years in prison for severe cases.
Under Montana Code Annotated Section 45-5-206:
- Partner or family member assault is a misdemeanor for first offense but can become a felony, with increasing penalties including mandatory minimum sentences for subsequent offenses.
Under Nebraska Revised Statutes Section 28-323:
- Domestic assault can be a misdemeanor or felony, with penalties including up to 5 years in prison for severe cases.
Under Nevada Revised Statutes Section 33.018:
- Domestic violence penalties include jail time, fines, community service, and mandatory counseling, with severity increasing for subsequent offenses.
Under New Hampshire Revised Statutes Section 631:2-a:
- Simple assault is a misdemeanor, but domestic violence can enhance penalties, including potential felony charges for serious injuries or armed assaults.
Under New Jersey Statutes Section 2C:25-19:
- Domestic violence is treated under various criminal statutes, with penalties including imprisonment, fines, and restraining orders depending on the specific offenses involved.
Under New Mexico Statutes Section 40-13-2:
- Household member abuse can be a misdemeanor or felony, with penalties including jail or prison time, fines, and mandatory counseling.
Under New York Penal Law Section 120.05:
- Domestic violence is prosecuted as assault, harassment, or other applicable crimes, with penalties ranging from misdemeanors to felonies based on the circumstances and severity of the offense.
Under North Carolina General Statutes Section 50B-1:
- Domestic violence includes acts of violence and threats, with penalties depending on the severity of the actions and can include jail time and fines.
Under North Dakota Century Code Section 14-07.1-01:
- Domestic violence can be charged based on the severity of the offense, ranging from misdemeanors to felonies, with penalties including jail or prison time.
Under Ohio Revised Code Section 2919.25:
- Domestic violence can be a misdemeanor or a felony, depending on factors such as prior offenses and severity of the behavior, with penalties including jail or prison time and fines.
Under Oklahoma Statutes Section 21-644:
- Domestic abuse is chargeable as a misdemeanor or felony, with penalties including jail or prison time, fines, and mandatory intervention programs.
Under Oregon Revised Statutes Section 107.705:
- Domestic violence offenses can be misdemeanors or felonies, with penalties including imprisonment, fines, and mandatory treatment programs.
Under Pennsylvania Consolidated Statutes Section 2711:
- Domestic violence is addressed through protective orders and criminal charges, with penalties based on the nature of the offenses and any injuries caused.
Under Rhode Island General Laws Section 12-29-2:
- Domestic violence is treated under assault, trespass, stalking, and other applicable laws, with penalties including jail or prison time and fines based on the specific crimes.
Under South Carolina Code Section 16-25-20:
- Domestic violence can be a misdemeanor or felony, with varying penalties including jail or prison time, fines, and mandatory counseling depending on the severity of the offense.
Under South Dakota Codified Laws Section 25-10-1:
- Domestic abuse is a misdemeanor or felony, with penalties including jail or prison time, fines, and restraining orders based on the severity of the acts.
Under Tennessee Code Annotated Section 36-3-601:
- Domestic abuse may result in orders of protection and criminal prosecution, with penalties depending on the actions taken, ranging from misdemeanors to felonies.
Under Texas Family Code Section 71.004:
- Family violence is punishable by fines and imprisonment, with the degree of punishment depending on prior convictions and the severity of the act.
Under Utah Code Section 77-36-1:
- Domestic violence includes physical harm, threat of violence, or any criminal offense resulting in physical harm or fear, with penalties including jail time and fines.
Under Vermont Statutes Title 15, Section 1101:
- Domestic violence is addressed through family court orders and criminal penalties, which can include imprisonment and fines depending on the circumstances of the case.
Under Virginia Code Section 18.2-57.2:
- Domestic assault and battery is a Class 1 misdemeanor, with more severe penalties for repeated offenses or severe injuries, including possible felony charges.
Under Revised Code of Washington Section 26.50.010:
- Domestic violence can lead to both protective orders and criminal charges, with penalties including jail or prison time, fines, and mandatory programs.
Under West Virginia Code Section 48-27-202:
- Domestic violence is addressed through both protective orders and criminal charges, with penalties depending on the severity of the acts and prior offenses.
Under Wisconsin Statutes Section 968.075:
- Domestic abuse offenses can result in criminal penalties and restraining orders, with varying penalties including jail or prison time and fines based on the severity of the offense.
Under Wyoming Statutes Section 35-21-102:
- Domestic violence is treated under general criminal statutes, with penalties including jail or prison time and fines based on the specific actions and harm caused.
References
- Domestic Violence Overview. (n.d.). Retrieved from http://family.findlaw.com/domestic-violence/domestic-violence-overview.html