History of Domestic Violence Laws in the U.S.

The U.S. Department of Justice defines domestic violence as any pattern of abusive behavior by one partner in an intimate relationship to control another. Domestic violence does not only occur between spouses. Victims of domestic violence can include family members, children, and former spouses and partners.

The criminal justice system has been slow to recognize and address domestic violence as a crime. Throughout most of history, domestic violence remained a family matter or a minor note on the police blotter. Law enforcement generally didn't take domestic violence seriously until the 20th century. The first comprehensive domestic violence laws appeared in the 1970s.

In this article, you can learn about:

• The defining characteristics of domestic violence
• How laws against domestic abuse developed in the United States
• How to become a domestic violence victim advocate
• What an attorney can do for survivors of domestic violence

If you or someone you love are in immediate danger, call 911. The National Domestic Violence Hotline can also provide real-time assistance.

Defining Domestic Violence

State and federal laws vary in their precise definition of domestic violence. Generally, domestic abuse is any behavior used by one partner to control the other. The most common type is physical abuse, but can take many other forms, including:

• Emotional abuse: Verbal violence, belittling or name-calling, damaging the victim's self-esteem
• Sexual abuse: Marital rape, withholding sex as punishment, "revenge porn," coercing a partner into sexual acts they are not comfortable with
• Psychological abuse: Threats of harm or self-harm, "gaslighting," isolating the victim from family and friends, harming or threatening to harm pets or children
• Financial abuse: Controlling the household finances, preventing the victim from working or having access to money, demanding the victim account for all income and expenses

Domestic violence cases cut across the entire spectrum of age, race, gender, and sexual orientation. Intimate partner violence occurs in all states and every type of household.

A Timeline of Domestic Violence Laws

America's earliest domestic violence laws came from English common law and religious laws. These laws allowed the "chastisement" of wives and children for the preservation of their souls.

In the 19th century, Alabama and Massachusetts became the first states to ban "wife-beating." Maryland made it a crime in 1882. But, battered wives still had to prove the abuse in court to get relief.

In the mid-20th century, the civil rights movement took up the cause of women's rights, and the battered women's movement came into being. The first women's shelters opened to provide victim services and legal aid for battered women. Women's rights advocates pushed for greater accountability and better police responses to domestic violence calls.

Marital Rape

As late as 1970, marital rape did not exist as a crime in the United States. Most statutes defined rape as "intercourse with a woman not one's wife." Men could not rape their wives, children, or other men.

In 1974, Michigan criminalized marital rape if the couple had filed for divorce and were living apart. Delaware criminalized the rape of a "voluntary social companion" that could be a spouse. Finally, in 1975, South Dakota and Nebraska removed the spousal exception from their rape statutes. Nebraska went a step further and renamed the crime "sexual assault."

In 1978, Oregon man John Rideout became the first man in the U.S. charged with marital rape under Oregon's newly revised statute. The jury acquitted him after his attorney argued that marriage "is consenting to sex." John Rideout was later convicted of two subsequent sexual assaults and is currently incarcerated in Oregon.

Finally, the New York case People v. Liberta (64 N.Y.2d 152 (N.Y. 1984)) struck down the marital exemption as unconstitutional. Judge Sol Wachtler wrote, "A marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity."

Wachtler also argued persuasively for a gender-neutral rape law. The purpose of the law is to deter and punish forcible rapes, he reasoned. "The fact that the act of a female forcibly raping a male may be a difficult or rare occurrence does not mean that the gender exemption satisfies the constitutional test."

People v. Liberta began the trend of eliminating the marital rape exemption. States began including gender-neutral language in sexual assault laws nationwide.

No-Fault Divorce

Bowing to pressure from the National Association of Women Lawyers and other women's rights organizations, the American Bar Association created a Family Law section in many state courts. Pressure increased to develop no-fault divorce so women could leave unhappy relationships before abuse became intolerable.

In 1969, California became the first state to pass no-fault divorce laws. Before this, parties had to prove adultery, abuse, abandonment, or insanity before a court would grant a divorce. Even in cases of gross abuse, courts were reluctant to upset the sanctity of marriage, especially if there were children involved.

Martial rape did not become illegal in all 50 states until 1993. New York was the last state to legalize no-fault divorce in 2010.

Domestic Violence Laws

Connecticut passed the first modern domestic violence law in 1986. The Family Violence Prevention and Response Act, also known as the Thurman Law, requires police officers to make an arrest at all domestic violence calls. Like the courts, law enforcement had been slow to acknowledge the severity of domestic violence. In some cases, state law prevented police from interfering in "family matters."

Following studies and claims by advocacy groups, states changed their investigation and arrest policies. As of 2025, twenty-two states have mandatory arrest laws, meaning officers must make an arrest when responding to a domestic violence call. Thirteen states have "probable cause" laws. In those states, officers must make an arrest if there are injuries or other grounds for an arrest.

Family Violence Prevention and Services Act

Although this Act did not affect the U.S. legal system, it helped create and fund women's shelters and crisis intervention programs for women and children. It also created the National Domestic Violence Hotline.

The Act was first authorized as part of the Child Abuse Amendments of 1984. It provides grants for state programs for victims of domestic abuse, including safety planning, legal referrals, and education about domestic violence.

The Violence Against Women Act

In 1994, Congress enacted the Violence Against Women Act (VAWA). This was the first legislation to acknowledge domestic violence as a federal crime. It provides federal resources to supplement state and local law enforcement efforts to combat domestic violence and improve community response.

The VAWA is up for renewal every five years. The 2022 reauthorization strengthened LGBTQ+ protections, restored tribal jurisdiction, and gave tribal courts the right to try non-Native perpetrators.

Restraining Orders and Gun Laws

Restraining orders, or protective orders, give victims some control over their abusers in domestic abuse cases. Some states, like California, have laws requiring police officers to give victims information on obtaining protective orders when responding to a domestic violence call. Protective orders are not perfect shields against violence, but they are a useful tool for victims who need help escaping an abusive situation.

In 1996, Congress passed the Domestic Violence Offender Gun Ban, also called the Lautenberg Amendment. This law amended the Gun Control Act of 1968. It contains two key provisions:

• An abuser may not own or purchase a firearm if they have a felony or misdemeanor domestic violence offense.
• An abuser may not own or purchase a firearm if they are subject to a restraining order. The ban lasts for the duration of the order.

Many states have enacted similar laws. The amendment has survived several Supreme Court challenges.

Victim Advocacy and Legal Aid

The National Coalition Against Domestic Violence (NCADV) and the National Domestic Violence Hotline provide immediate assistance for victims of battering and sexual violence. The Hotline has advocates available 24/7 at 1.800.799.SAFE (7233) via chat, text, and TTY for those in immediate crisis.

The Hotline refers victims to local organizations and shelters. These advocacy agencies can provide victims assistance such as:

• Temporary shelter and housing assistance for victims fleeing abusive partners.
• Court advocacy and legal aid to help with divorce proceedings, child custody, child support, and spousal support.
• Crisis intervention, including responding with law enforcement and other first responders to a domestic violence scene.
• Child and pet advocacy. When a batterer threatens children and pets, these more vulnerable family members' safety may come first for a victim. Local organizations may have groups to help protect children and animals in crisis.
• Batterer's intervention groups help the abusive partner accept responsibility for their actions and understand the family dynamics that led to this situation.

Becoming a Domestic Violence Advocate

If you're interested in becoming a domestic violence advocate, contact a women's shelter or other domestic violence agency in your area. These organizations always need compassionate, committed volunteers who want to help others.

Depending on your state's requirements for advocacy, you may need to certify or have a degree for certain positions. There are many things you can do for a domestic violence organization, such as:

• Court advocate
• Hotline listener
• Housing services
• Secretarial help
• Outreach
• Fundraising

Most organizations have training programs. Counselors and advocates can expect 40-80 hours of training before they start working. You may need a background check and fingerprinting to work with domestic violence victims and children.

Get Legal Assistance

Many victims of domestic violence are not aware of their legal rights. Some states, like California, require police officers to give victims information about shelters and restraining orders during domestic violence calls. Not all police departments do this.

Laws exist to protect victims and family members, even if they're unaware of them. If you're involved in an abusive relationship, you have the right to leave. Contact a family law attorney in your area to learn how to protect your rights and those of your loved ones.