Generally speaking, domestic violence (also known as domestic abuse) involves intentionally harmful acts committed by one household member against another. The victim may be a spouse, intimate partner, child, or other family member, such as an aged or disabled parent or sibling. Domestic violence is not restricted to acts of physical harm; it also includes attempts to intimidate, threaten, or cause emotional or mental distress.
Though more commonly perpetrated by men on women, the genders of aggressor and victim are generally irrelevant under the law. Domestic violence can involve gay spouses or partners and female abuse of a male partners or others in the household. Though most instances of domestic violence include repeated acts of abuse—so-called “cycles of violence”—a single incident is usually sufficient to give rise to criminal charges.
As a general rule, domestic violence is a crime. As of 2019, however, only 38 states had specific domestic violence laws. Other states use broader criminal statutes, such as those governing simple or aggravated assault, to prosecute individuals charged with violence against household members. Whether an act of domestic violence is charged as a felony or misdemeanor typically depends on the severity of the attack or injuries, whether a restraining or protective order was already in force, and, in some states, whether a minor was present during the abuse.
A wide range of behaviors are considered to be domestic abuse:
There are generally two types of sanctions applied in cases involving allegations of domestic violence: criminal penalties and restraining or protective orders. Because domestic violence is governed by state statutes, the specific penalties for conviction vary from state to state. In addition, the potential fines and/or jail sentences depend on whether the crime charged is a felony or misdemeanor. As a general rule, if the domestic violence or assault charge is a misdemeanor, the length of incarceration, if any, will be less than a year. If a defendant in a domestic violence or assault case is convicted of felony charges, the penalties can include a prison term in excess of one year.
It’s common, in the aftermath of an allegation, charge, or conviction of domestic violence for the victim to ask a court to issue a restraining or protective order. The court can issue such an order, at the judge’s discretion, if sufficient evidence is produced to convince the court that the order is necessary to minimize the risk of further acts of domestic violence or abuse. As a general rule, a protective order remains in place until lifted by the court. Judges have a certain amount of latitude in issuing a protective order, but generally it sets forth terms of access or contact between the parties. Most protective orders prohibit certain types of communications—phone, email, letters, gifts, etc.—and usually require that the defendant stay away from the victim’s home, place of employment, and other regular habitats.