Legal Protections Against Domestic Violence

Many people in the United States deal with domestic violence each year. Over 12 million people experience intimate partner violence each year, even in dating relationships. Survivors of domestic violence often look for help to stay safe. In 2018, more than 129,000 victims asked legal aid for protection. Laws help people who face dating violence and other types of abuse. There is support, and no one has to go through this alone.

Everyone should have safety and respect. Knowing your legal rights can help victims find a way to be safe.

Key Takeaways

• Restraining orders help keep abusers away fast and for longer. They can also set rules about custody and guns.

• Criminal penalties punish abusers and stop more violence. Police can arrest offenders quickly.

• Anti-discrimination laws protect survivors at work and in housing. These laws help survivors keep jobs and find safe homes.

• Federal and state laws give strong support to victims. This support includes shelters, hotlines, legal aid, and special protections.

• Victims can get help by calling police or applying for restraining orders. They can also reach out to legal aid and advocacy groups.

Legal Protections Available for Victims of Domestic Violence

Restraining Orders

Restraining orders help keep victims safe from more harm. Courts give these orders to stop abusers from coming near or contacting victims. There are different restraining orders in the United States:

1. Emergency Protective Orders (EPOs): Police can ask for these orders in emergencies. EPOs protect right away and last a few days until court.

2. Temporary (Ex Parte) Restraining Orders: Victims or helpers can ask for these orders. Courts give them fast, even if the abuser is not there. They last days or weeks and give short-term safety.

3. Permanent or Long-Term Restraining Orders: Judges give these after a full hearing if there is still danger. These orders can last up to five years. They can include rules about child custody, where to live, and guns.

4. Domestic Violence Restraining Orders (DVROs): These orders are for domestic violence. They can make the abuser give up guns, stay away, move out, or go to counseling.

Victims can start by collecting proof, filling out forms, and going to court. Police or a process server must tell the abuser about the order. Courts may give a temporary order first, then have a hearing for a longer order. These steps help keep victims safe and make sure justice is done.

Tip: Keep copies of restraining orders and give them to local police. This helps police act fast if the abuser breaks the order.

Criminal Penalties

Criminal penalties punish people who commit domestic violence and try to stop them from doing it again. The punishment depends on how bad the crime is and the person’s past.

• Misdemeanors can mean up to one year in jail, probation, and counseling.

• Felonies can mean many years in prison, or even life, if a weapon was used or a child saw it happen.

• Courts often make offenders go to counseling or classes.

• Judges can order no contact, take away guns, and give other rules.

• People who do it again or hurt those who are weak get tougher punishments.

Police can arrest offenders without a warrant in many cases. Judges and prosecutors use bail and extra penalties to protect victims. Research shows arresting offenders can lower repeat violence, but results are mixed. Some studies show less repeat violence, but others do not. The effect depends on the case and people involved.

Anti-Discrimination Laws

Anti-discrimination laws help victims keep jobs and find safe homes. These anti-discrimination protections help survivors stay safe and support their financial needs.

Federal housing protections like the Fair Housing Act and the Violence Against Women Act (VAWA) help survivors get safe homes. These laws say treating survivors badly is sex discrimination. Survivors cannot be denied homes, kicked out, or lose help because of their status. VAWA also protects survivors in government housing, even with bad credit or a criminal record from abuse. Section 603 of VAWA lets survivors call for help in emergencies without being kicked out.

Many survivors have trouble at work and finding homes. Studies show 64% of victims have problems at work, but few bosses help. Anti-discrimination laws, employment laws, and safe leave help survivors keep jobs and rebuild money. But not everyone knows or follows these laws. Survivors do best when bosses and landlords know their rights and what they must do.

Note: Survivors can ask for safe leave to go to court, get medical help, or move to safety. State and federal laws may give this right, but rules are different in each place.

Key Federal Legislation Providing Protection Against Domestic Violence

Violence Against Women Act

The violence against women act is a very important law. It helps protect people who face domestic violence. Congress made this law in 1994. Lawmakers have changed it many times to add more help. The act does many things for survivors:

• Federal rape shield laws keep victims safe in court.

• Communities develop programs to try to stop abuse before it happens.

• Victims cannot lose their homes because of abuse or stalking.

• The act pays for hotlines, shelters, and legal help.

• Immigration protections let abused family members ask to stay in the U.S.

• The law helps Native American, immigrant, disabled, and LGBTQ victims through culturally specific service providers.

• Federal law says all states must accept restraining orders from other states. This is called the full faith and credit rule.

• In 2013, lawmakers let tribes charge non-Native people for crimes on tribal land.

• In 2022, the law added more housing help and support for cybercrime victims.

The violence against women act gives survivors safety, justice, and support. Each time lawmakers update the law, they add new help and money.

Victims of Crime Act

The victims of crime act gives about $1.9 billion each year for victim services. This money comes from fines and penalties, not taxes. The act helps with:

• Crisis response, advocacy, and telling victims about their cases.

• Teams that help victims and give care for trauma.

• Help with things like pet care, fixing homes, and medicine.

• Money for workers, training, and technology to help survivors.

Family Violence Prevention & Services Act

The family violence prevention & services act pays for emergency shelters and help for survivors and their kids. Over 1,500 local programs get money from this law each year. These programs provide core domestic violence services to more than 1.3 million victims. The act also helps state groups, tribal groups, and national hotlines. It gives training and education to make services better and stop violence.

State Laws and Enforcement: How States Protect and Support Victims of Domestic Violence

State-Specific Protections

States create state-specific laws to help people facing domestic violence. These rules are not the same everywhere. Many states give these kinds of help:

• Restraining orders stop abusers from talking to or going near victims. Some orders also protect family, co-workers, or people dating.

• Some states make police arrest abusers when they answer a domestic violence call. This helps keep victims safe and supports justice.

• Housing rules help victims stay in their homes or find new ones fast.

• Workplace protections and work rules stop bosses from punishing victims who take time off for safety.

• Confidentiality laws keep victims’ information private in court or with helpers.

• State gun laws can stop abusers from having guns.

• Legal help and shelters get money from both state and federal programs.

States do not all protect the same people. Some protect people who are dating. Others only protect family or people living together. Connecticut protects more people and has a “dominant aggressor” rule. This rule helps police know who to arrest.

Law Enforcement Duties

Police treat domestic violence calls as very important. They must check what happened, separate people, and look for injuries. In many places, police must arrest the main person causing harm. They write reports and collect proof. Sometimes, they ask for emergency restraining orders. Police can still charge someone even if the victim changes their mind.

Tip: Victims should keep restraining orders and give them to police. This helps police help faster in an emergency.

Custody and Visitation

Courts use the “best interests of the child” rule in these cases. Most states think it is not safe to give custody to an abuser. Judges look at police reports, restraining orders, and other proof to decide. Courts may order visits with someone watching or limit visits if there is danger.

Judges can let parents skip court or meetings if they are scared. Parents who leave to keep kids safe do not get in trouble for leaving. Courts may let families move to be safe. Judges and court workers get special training about how domestic violence hurts kids. They use risk checks and may order visits with someone watching or online visits to keep everyone safe.

Courts try to keep families safe and protect rights, child support, and financial security. They make sure kids and abused parents have safe leave and help during and after court.

How to Access Legal and Practical Help for Domestic Violence Victims

Getting a Restraining Order

Victims can ask the court for restraining orders to stay safe. There are a few steps to follow:

1. Collect proof like photos, police reports, or messages that show abuse.

2. Fill out court forms. These forms ask about the abuse and who needs help.

3. Take the forms to the courthouse. Victims sign them in front of a clerk or notary.

4. A judge looks at the request. If the judge agrees, the victim gets a temporary order and a hearing date.

5. The abuser must get the order and the hearing notice. The order works after the abuser is told.

6. Go to the hearing to ask for a longer order.

Victims should keep copies of restraining orders. Give them to police, schools, and work for more safety.

Contacting Police

If there is an emergency, call 911 right away. Police must come fast and take it seriously. When police get there, they might:

• Arrest someone if they see a crime or broken order.

• Decide who started the fight if both blame each other.

• Give victims a copy of the police report.

• Tell victims about local help and their rights.

Victims should write down any broken orders and tell police. Police can help victims get to safety or call a shelter.

Finding Legal Aid

Many victims need help with things like custody or divorce. Each legal assistance program gives free or cheap legal help to qualifying victims. They offer:

• Help with restraining orders and going to court.

• Support for divorce and child custody.

• Immigration help for those who qualify.

• Referrals to legal clinics or nonprofits.

Victims can call hotlines or legal aid offices to see if they can get help. Many programs help people in many counties and give advice even if they cannot go to court with you.

Support Resources and Services Available for Victims

Hotlines and Shelters

Hotlines and shelters are very important for survivors. They help people find safety and support. These hotlines give quick help:

• The National Domestic Violence Hotline: 800.799.SAFE or text START to 88788

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• StrongHearts Helpline for Native Americans and Alaska Natives: 844.762.8483

• National Teen Dating Abuse Helpline: 866.311.9474

• The Deaf Hotline (for deaf and hard of hearing individuals): Video phone 855.812.1001

People can use a database to find a shelter close by. Many websites have guides, safety plans, and forums. These tools connect survivors to main services like safe homes, counseling, and legal help.

Many survivors use these services each year. This shows how important it is to have help that is easy to get.

Legal Aid Services

Legal aid services help survivors protect themselves and their families. They help with restraining orders, custody, and divorce. Many offices give free or cheap help. Survivors can find clinics, financial aid, and supportive services like counseling from local groups. Online lists show legal aid by state, so it is easier to find help nearby. Legal aid workers and advocates help with court forms and hearings. They explain rights and choices to survivors.

Advocacy Organizations

Advocacy and services organizations work to make life better for survivors. They give many kinds of help, like court support and teaching the public. Some strong groups are:

• National Task Force to End Sexual and Domestic Violence (NTF)

• Network for Victim Recovery of DC (NVRDC)

• NO MORE

• Office for Victims of Crime (OVC)

• Pathways to Safety International

• Peaceful Families Project

• National Domestic Violence Hotline

• National Network to End Domestic Violence (NNEDV)

• FUTURES Without Violence

These groups provide community-coordinated responses, helping in court, with papers, and giving support. Advocates and volunteers visit hospitals and police to connect survivors to help. Advocacy groups help survivors get better results in court and give support as they start over.

Legal protections help survivors avoid discrimination and stay safe as they start over. Courts, police, and advocacy groups give strong help. There are many places to get support in communities across the country. People can ask for legal aid, shelters, or call hotlines.

No one needs to face abuse by themselves. Every survivor can find support and justice.

FAQ

What should someone do first if they experience domestic violence?

A person should find a safe place and call 911 if in danger. They can also contact a local shelter or the National Domestic Violence Hotline for help and advice.

Can a victim get a restraining order without a lawyer?

Yes. Many courts offer forms and instructions. Legal aid groups and court staff can help with paperwork. A lawyer is helpful but not required.

Will a restraining order work in another state?

Yes. The law says all states must honor restraining orders from other states. Police in any state must enforce the order.

Can someone lose their job for missing work because of domestic violence?

Some states protect victims from job loss. These laws let victims take time off for court or safety. Victims should ask their employer or a legal aid group about their rights.

Where can someone find free legal help for domestic violence?

Legal aid offices, advocacy groups, and some hotlines offer free or low-cost legal help. Many organizations list services by state on their websites.