State Domestic Violence Laws

All states have some domestic violence laws. Some states, such as Oregon, do not have specific statutes addressing domestic violence. In those states, physical abuse or sexual violence are part of other crimes. For instance, assault between family members is a misdemeanor crime. It differs from assault between strangers in possible penalties.

Nearly all states and cities have domestic violence programs to give legal assistance to victims of domestic violence. The Violence Against Women Act (VAWA), a federal law passed in 1994, gives funding and support for these assistance programs.

What Is Domestic Violence?

The U.S. Department of Justice defines the crime of domestic violence as abusive behavior used by one partner in an intimate relationship to control another partner. Law enforcement and courts recognize that domestic violence does not require physical abuse to be abusive. Domestic violence, or domestic abuse, can include any of these actions:

• Physical abuse, beating, slapping, pinching, shoving; also denial of medical treatment, food, water, and other care.
• Sexual abuse, such as marital rape, dating violence, forced sex, and other sexual misconduct.
• Emotional abuse, demeaning, belittling, harassing behavior. It may include damaging a former spouse’s relationship with their children.
• Psychological abuse. Threats, intimidation, “gaslighting” (making a partner doubt their sanity), threatening or abusing pets and children, forced isolation, threats of suicide or homicide.
• Economic abuse. Controlling a partner’s ability to earn or save money, limiting access to money, unfairly controlling joint economic resources, using threats or fraud to gain control over household assets.

Domestic violence happens between all household members. In general, domestic violence cases involve intimate partners in a relationship. It can include people sharing living quarters and extended family. Some states may have relationship requirements.

Protections for Victims of Family Violence

State laws treat domestic violence cases differently, depending on the nature of the offense. But, all states offer protections for victims of domestic violence.

Restraining orders

A restraining order, or protective order, is a court order that gives the victim legal protection from the abuser. An order of protection prevents the abuser from contacting the victim or coming within a certain distance. Restraining orders may protect family members and co-workers if the situation requires.

Mandatory arrest

Most states now have mandatory arrest policies when police officers respond to a domestic violence call. This ensures that the parties spend some time away from one another and “cool off.”

Referrals and shelters

The National Domestic Violence Hotline, created by VAWA, is available 24/7 for victims of domestic violence at 1.800.799.SAFE (7233). The website also has live chat, text, and AI help.

RAINN (Rape, Abuse & Incest National Network) helps victims of sexual assault and violence. They have a 24/7 hotline and chatline with local support and legal information at 800.656.HOPE (4673).

Get Legal Advice

No matter what type of legal issue you face, you should not take on the criminal justice system alone. You can learn more about your state's domestic violence laws by choosing your state on the map below or by selecting "Show all states" in the drop-down menu.  If you're facing criminal charges related to domestic violence or need help filing for a protective order, get help from an experienced attorney in your area.