Legal Options to Stop Domestic Violence

The National Domestic Violence Hotline defines domestic violence as a pattern of behaviors used by one partner to control another partner in an intimate relationship. Other terms used for these behaviors are “domestic abuse” and “intimate partner violence.”

The individuals in an abusive relationship are not always married partners. Domestic violence occurs between spouses, unmarried couples, parents and children, and roommates.

Survivors of domestic violence can face physical abuse and mental health issues even after breaking the domestic violence cycle. However, there are legal options to help survivors and their friends and family end domestic violence. Continue reading to learn how to get help and access social services.

A Brief Definition of Domestic Violence

Domestic violence is more than physical harm. Experts now know domestic abuse takes many forms, including:

• Emotional and psychological abuse
• Financial abuse
• Sexual violence
• Isolation and intimidation

Domestic violence affects all members of the household, even if they are not the victims. Children who witness parents engaged in abusive behavior are more likely to become abusers and victims later in life.

Both men and women can be victims of intimate partner violence. Domestic violence occurs in all households and among all socioeconomic groups. Cultural and social constraints can make some victims reluctant to discuss domestic violence. However, no group or gender is immune.

The legal system offers protection to all victims and survivors of domestic abuse. The National Domestic Violence Hotline (1.800.799.SAFE (7233) is available 24/7 with phone, text, chat, and TTD access.

Domestic Violence Laws

In 1994, the Violence Against Women Act (VAWA) established the National Domestic Violence Hotline and provided funding for state and local domestic violence programs. The VAWA also:

• Criminalizes travel between states to harm family members or violate restraining orders
• Ended court fees for processing restraining orders
• Expands the federal Gun Control Act to prevent offenders convicted of domestic violence from owning or possessing firearms
• Created “domestic violence green cards” for undocumented victims of domestic violence

VAWA funding helped states expand their domestic violence laws. State laws include:

• Increased domestic violence advocacy
• Mandatory arrest laws for batterers
• Emergency restraining orders and ex parte orders
• Enhanced criminal charges for abusers

Legal Options for Survivors of Domestic Violence

Note: These options should be part of your safety plan. These legal protections may increase your risk of physical harm. The most dangerous time of an abusive relationship is when the victim takes charge and attempts to leave, disrupting the power balance. Consult an attorney or counselor about the proper time to take these steps.

Restraining Orders

A restraining order, also called a protective order, is a court order limiting the offender’s access to the protected person. A restraining order generally restricts how close the offender can come to the protected person. It may limit how close they can come to the person’s house, workplace, and vehicle.

Restraining orders can also limit the offender’s access to other family members and the person’s co-workers. The court may order the offender to surrender their firearms, pay spousal or child support, or attend anger management classes.

A temporary restraining order (TRO, or ex parte order) is issued on an emergency basis. Victims of crime can get TROs by going to court and telling the judge they are in extreme danger and must have an order before the other party receives notice of the hearing. To get a TRO, you must:

• Show you are at immediate risk of physical violence
• Provide evidence of an imminent threat from your abuser
• Complete other court documents

In some states, like California, if you have been a victim of physical abuse, stalking, or threats, you will not have to pay filing fees. If you are indigent, you can request a fee waiver at the time you file your request.

A TRO only lasts for a brief time, usually two weeks to 30 days. The judge will set a hearing date to determine if the order should become permanent. The other party must receive notice of this hearing.

Remember, restraining orders are not magic shields. They only provide law enforcement with immediate grounds to remove the offender from the premises if they violate the terms of the order. You must still contact the police department if the offender violates the order.

Domestic Violence Civil Lawsuits

It is possible to sue a domestic abuser in civil court. In most cases, victims file for divorce following domestic abuse. In cases of domestic partnerships, couples must still go to court for child custody and child support.

However, it is possible to sue family members in civil court for intentional torts, such as assault or intentional infliction of emotional distress. Louisiana is the only state that does not allow spouses to sue for torts.

Bringing a tort claim against a spouse or former spouse can add a layer of stress to an already stressful situation. It can also increase the risk of harm to the victim and the family. On the other hand, it can give the survivor a measure of control and empowerment. It might help to discuss the matter with an attorney before proceeding.

Criminal Cases

Prosecutors can charge domestic violence as a felony or misdemeanor, depending on the nature of the offense. Many states, like California and New York, have mandatory arrest policies in domestic violence cases. Police must arrest the primary aggressor regardless of the victim’s request. In California, the state presses criminal charges even if the victim refuses, so the aggressor must go to court and face a judge.

These laws exist because, in the past, many domestic violence victims refused to press charges against their abusers. Domestic violence cases required a “complaining witness” to prosecute. Today, the state can prosecute as long as there is sufficient evidence.

If the victim agrees to cooperate and testify against the abuser, it increases the likelihood that the offender will get convicted. This means facing one’s abuser in court, so victims may need help from domestic violence counselors.

Get Legal Advice from a Family Law Attorney

Both the victim and aggressor need legal services in a domestic violence case. The victim needs legal support to protect their safety and begin working on recovering their lives. Alleged aggressors may be facing criminal charges and could need help from a criminal defense attorney to restore their family rights.

Any individuals involved in domestic violence cases should request legal help, either from the family courts or through local domestic violence shelters. Contact The National Domestic Violence Hotline (1.800.799.SAFE (7233) any time for referrals to local aid centers.