Federal Domestic Violence Law: Violence Against Women Act (VAWA)

The Violence Against Women Act of 1994 (VAWA) is the first comprehensive federal law seeking an end to domestic violence. VAWA provides funds to support investigations and prosecution. It also created resources for survivors of domestic violence, regardless of their gender. 

The Violence Against Women Act fights domestic violence from many angles. It funded legal tools against domestic violence and sexual violence. The law also created new federal crimes for intimate partner violence and violations of protection orders.

VAWA provides legal help for survivors of domestic violence who seek protection or restraining orders. It also created the national domestic violence hotline.

Does VAWA Only Protect Women?

No, the law applies to all survivors. Anyone may become a target of domestic abuse, including men.

VAWA arose from a growing conversation about gender-based violence. Like the outdated term “battered woman syndrome,” it began with a focus on helping women.

Yet, dating and family violence are not limited to one gender. So even though VAWA’s title refers to violence against women, the law is gender-neutral in its application. It protects survivors regardless of sex, gender identity, or sexual orientation.

History of VAWA’s Passage and Reauthorization

Lawmakers enacted VAWA as Title IV of the Violent Crime Control and Law Enforcement Act. Its passage came after an intense period of victim advocacy in the 1970s and 1980s. Other legal changes, like no-fault divorce laws, happened during this period.

Congress later passed the VAWA reauthorization act in 2000, 2005, and 2013. The law expanded to include more initiatives, including:

  • Adding protections for gay, lesbian, and transgender persons and Native Americans
  • Adding protections based on immigrant status
  • Providing victims with protections from housing discrimination
  • Supporting programs to assist victims with disabilities

Efforts to re-authorize the law again in 2019 were not successful. The House and Senate struggled to find consensus.

President Biden signed the latest VAWA reauthorization act into law. It was part of the Consolidated Appropriations Act of 2022. This version of the act expanded tribal court authority. It allows prosecution of non-Native offenders who commit domestic violence crimes on tribal lands. It also created a federal civil cause of action for people whose intimate pictures are used without consent. The law established a National Resource Center on Cybercrimes.

What Does VAWA Do?

The key provisions of the Violence Against Women Act include:

  • Defining federal crimes of domestic violence
  • Establishing Community-Coordinated Responses (CCRs) to the crimes of domestic violence and sexual assault
  • Providing support and funds to domestic violence shelters and rape crisis centers
  • Funding violence prevention and education programs, especially for underserved populations
  • Identifying dating violence and stalking as related crimes
  • Funding rape kits and rape prevention programs and services for victims of sexual abuse
  • Ending court fees for domestic violence protection orders
  • Requiring all states, tribes, and territories of the U.S. to recognize and enforce protection orders (via the Full Faith and Credit clause of the U.S. Constitution)
  • Protecting people living in public housing programs who are victims of domestic violence
  • Providing resources to colleges and university campuses to educate students about dating violence and sexual assault
  • Forming and funding special crime units in local communities for domestic violence
  • Providing special training for law enforcement officers, victim service workers, and prosecutors
  • Permitting tribal courts to try non-Native spouses or intimate partners in domestic violence or dating violence cases
  • Allowing undocumented immigrants who are the victims of domestic violence to apply for a green card; in such cases, immigrant survivors then assist law enforcement officials with prosecuting their abusers
  • Providing victim advocacy and assistance to LGBTQ+ survivors of domestic violence
  • Enhancing prevention programs and services for victims with disabilities

VAWA’s protections offer some of the most comprehensive laws for domestic violence. The law aims to address victims’ common challenges, such as eviction, evidence collection, and legal barriers.

Federal Domestic Violence Crimes Under VAWA

Before VAWA, domestic violence charges were a matter of state law. Now, some domestic violence cases rise to the federal level.

VAWA established federal laws that prohibit the following crimes:

  • Crossing state lines to physically injure an intimate partner
  • Crossing state lines to stalk or harass another person within the maritime or territorial lands of the U.S.
  • Crossing state lines in violation of a qualifying protection order

Each of these crimes also applies to entering or leaving Indian country.

The Office on Violence Against Women

VAWA created the federal Office on Violence Against Women (OVW) within the U.S. Department of Justice (DOJ).

Both OVW and the Department of Health and Human Services (HHS) administer grant programs and technical assistance programs throughout the states. The U.S. Department of Housing and Urban Development (HUD) also helps by enforcing VAWA housing protections.

Many programs provide funds to victim service organizations and local governments. These programs have addressed domestic violence, sexual violence, stalking, and dating violence. Grant funds have supported shelters, service providers, and education programs.

The Office on Violence Against Women offers information about specific services and programs.

Landmark Cases on VAWA

There are several cases about VAWA interstate provisions in the federal courts. These cases have helped to shape which type of court will handle a domestic violence case.

United States v. Rita Gluzman

In United States v. Rita Gluzman (NY), the defendant traveled from New Jersey to New York. She intended to kill her estranged husband. She traveled with weapons she used in the murder. Her cousin also participated in the murder and testified against her.

Federal prosecutors from the U.S. Department of Justice charged Gluzman under federal law. There were legal obstacles to proceeding under state law. They charged her with crossing state lines to commit domestic violence in the murder.

The Second Circuit upheld the federal VAWA prosecution. It found no violations of Gluzman's constitutional rights and affirmed Gluzman's conviction. She was sentenced to life in prison.

This case also demonstrates the gender neutrality of the VAWA's criminal sections. Gluzman was a woman.

United States v. Morrison

VAWA originally allowed victims of gender-motivated domestic abuse to file civil lawsuits. They could sue for violations of their civil rights and to seek damages in civil court.

However, the U.S. Supreme Court overturned this section of VAWA. In United States v. Morrison (2000), the court decided these lawsuits don’t belong in federal courts.

The Court found that Congress overstepped its authority. The Commerce Clause of the U.S. Constitution did not apply to individual domestic violence acts. The violent acts in question did not directly affect interstate commerce.

The Court also concluded that the VAWA civil rights actions did not fall under the Equal Protection Clause of the U.S. Constitution. To prove an equal protection violation, the victims had to show it was a state action. In this case, they could not.

Survivors of abuse can still file domestic violence lawsuits under state law.

VAWA Impact on Domestic Violence Arrest Policies

Leading up to VAWA’s passage, there was already a movement toward “pro-arrest” policies for domestic violence. VAWA funded new programs. Two grant programs set up under VAWA focus on law enforcement and arrest policies.

First is the STOP (Special Training Officers and Prosecutors) grant program. It aimed to increase the arrest and prosecution of domestic violence and sexual assault offenders.

Second is the Arrest Program (Grants to Encourage Arrest Policies in Domestic Violence Cases). Likewise, it supported the enactment of pro-arrest or mandatory arrest policies in law enforcement.

VAWA grant programs led more states and local governments to incorporate pro-arrest policies. These changes altered the criminal justice response. It also led to increased penalties for domestic violence abusers and sex offenders.

VAWA Arrest Policies: Pros and Cons

Supporters of pro-arrest policies claim that VAWA helped increase arrests nationwide. Arrests bring accountability for domestic violence and violations of protection orders. They state that domestic violence and sexual assault incidents have decreased over time.

Opponents claim that increased arrests discouraged reporting, particularly in minority and impoverished communities. An arrest can have negative impacts for a household, such as loss of income. They believe the desire to avoid those consequences prevents victims from seeking help.

VAWA Grants Need a Coordinated Community Response (CCR)

A key element under VAWA is the Coordinated Community Response (CCR) to victims of crime. Local governments must build a CCR to get funding from VAWA grant programs. Creating a CCR involves gathering many stakeholders from the local community.

These stakeholders may include:

  • Law enforcement representatives
  • Victim service advocates
  • Prosecutors
  • Health care workers
  • Non-profit service providers
  • Rape crisis centers
  • Criminal justice workers
  • Religious leaders
  • Domestic violence survivors

These community members work together to end domestic violence and sexual abuse. VAWA calls for a comprehensive approach that brings all parties to the table. This coordinated response seeks to improve outcomes for victims.

Questions About Federal Domestic Violence Law? Talk to an Attorney

If you have experienced domestic violence or sexual violence, learn more about your rights. Laws and resources can protect you.

You may contact the National Domestic Violence Hotline at 1-800-799-SAFE (1-800-799-7233). You can find helpful information at the National Resource Center on Domestic Violence.

You can also obtain legal assistance. Some lawyers participate in domestic violence legal aid programs. Speak to an experienced family law attorney today.

Was this helpful?

Can I Solve This on My Own or Do I Need an Attorney?

  • Victims of domestic violence can press charges against their abuser
  • The ability or requirements to press charges varies in each state
  • Contacting a family law attorney or advocacy groups for advice is essential

Some attorneys represent victims of domestic violence. Others defend the rights of those accused of domestic abuse or other related crimes. Many attorneys offer free consultations.

Find a local attorney