Domestic Violence Law

Domestic violence and neglect refer to abusive behavior in a relationship. Generally, a person uses threats and abuse to gain or maintain power and control over an intimate partner or other household members, such as children. 

This article provides an overview of domestic violence and neglect in family law. Criminal defenses, civil court remedies, and domestic violence laws vary from state to state. If you have questions about your specific situation, talk to an experienced domestic violence lawyer about your legal rights.

Domestic Violence FAQs

These are some frequently asked questions (FAQs) about domestic violence, orders of protection, and criminal court charges.  

What Is the Difference Between Domestic Violence and Neglect?

Domestic violence refers to active, abusive behaviors toward a family member or intimate partner. In contrast, domestic neglect refers to the failure to provide necessary care, support, or attention. Neglect often results in emotional or physical harm due to lack of action.

Is Domestic Violence a Felony?

Domestic violence is a broad term covering a variety of more specific offenses. These range from simple assault to sexual assault. Domestic violence is a crime. What type of criminal case it becomes depends on the state. In some states, a pattern of intimidation or creating fear of imminent harm without physical violence is enough to be domestic abuse.

Many domestic violence cases are felonies, depending on the context and the jurisdiction. First-degree or second-degree aggravated assault will likely be charged as a felony. When it comes to harassment, it is less likely to be considered a felony offense unless severe, material threats are involved.  

How Does Domestic Violence Affect Children?

The toll of domestic violence on children cannot be understated. This includes crimes committed against the child themselves (as is the case with child abuse, sexual violence, or physical abuse). It can also involve violence against the child’s parent or another caretaker. Witnessing violence can cause psychological and emotional damage.

How Long Do You Have To Report Domestic Violence?

The statute of limitations for domestic violence varies by state and by offense. For example, in Washington, the time limit for filing charges for a gross misdemeanor is two years. For felony assault, prosecutors have up to six years. Sexual assault can be charged at any time. 

If you suffered abuse by a former spouse or partner, talk to a family court attorney about how long you have to report the abuse. 

Can Your Ex Drop the Domestic Violence Charges?

Your former partner cannot prosecute or drop criminal charges. That is up to the prosecutor. Even if a victim doesn’t cooperate because of a threat of violence, a prosecutor can still take the case to court. Many states have mandatory arrest policies if there is a suspicion of possible abuse, even if the victim does not report abuse. 

Can You Expunge Domestic Violence Charges?

Expungement involves sealing or destroying a criminal record. Once you get your charges expunged, it won’t turn up on a public search of your criminal history. Different states have different laws regarding expunging criminal charges and convictions. Some states do not expunge criminal records except for juveniles.

Does Gender Affect Domestic Violence Charges? 

Domestic violence can involve people of any gender and any orientation. Most people think domestic violence involves men abusing women. However, the opposite can also apply. Domestic violence also occurs in intimate relationships of the same sex. 

According to the Centers for Disease Control and Prevention (CDC), large populations of men and women will face intimate partner violence in their lifetimes. However, most statistics suggest that women are significantly more likely to face violence by an intimate partner. 

What Are the Penalties for Domestic Violence?

A conviction for domestic violence-related charges can lead to significant penalties. These include: 

  • Prison
  • Fines
  • Mandatory batterers intervention programs 
  • Domestic violence restraining orders 
  • Loss of gun rights

Penalties can depend on the type of domestic abuse charge. Some of the more serious domestic violence crimes can include aggravated assault, sexual assault, and child sexual abuse. These are generally felony offenses. Felonies carry possible jail time of more than a year. If the crime involves sexual violence, the offender can also be required to register as a sex offender. 

Domestic Violence and Civil Remedies

In addition to criminal proceedings, domestic violence victims may also have grounds to sue their abusers. In a civil lawsuit, a victim can receive compensation for medical bills and pain and suffering. 

Victims of abuse can also file for civil restraining orders. There are many types of restraining orders, including permanent and temporary restraining orders. These orders keep an abuser away from the protected person. An abuser who violates a protection order can face criminal charges.

Domestic violence can also affect child custody and visitation. Courts may place minor children in temporary custody with the other parent or relatives if a parent is charged with domestic violence. They may also restrict time with children to supervised visitation. 

What Can Victims of Domestic Violence Do?

Get away from the person committing the violence if possible. This is the hardest step and may take time. Many organizations across the country can assist domestic violence victims in making this transition. 

Collect any evidence of abuse. Save text messages and emails. Take photos of any injuries or property damage.

Report the crime to law enforcement officers. The police can provide resources for emergency shelters so you and your children can have a safe place to stay. Additionally, you can seek the assistance of a friend, relative, or shelter for a temporary place to stay and emotional support. 

If the abuser violates a court order, they may be thrown back into jail. Contact a local and experienced domestic violence lawyer for advice, support, and to put an end to the abuse. 

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