Domestic Violence

Domestic violence directed against women by their intimate

partners (current or former spouses or boyfriends) is an epidemic
of global proportions that has devastating physical, emotional,
financial and social effects on women, children, the family and the
community. Critical to efforts to combat domestic violence has
been the growing recognition of domestic violence as a violation
of women's human rights.

The consequences of domestic violence, both physical and

psychological, are so devastating that some consider it a form of
torture. Domestic violence affects not only battered women and
their children, but also the entire community. Due to the
prevalence and pervasiveness of domestic violence in nearly
every part of the world, communities must react with a
comprehensive strategy incorporating advocacy, legal reform, and
education to combat the problem.

http://www.stopvaw.org/Domestic_Violence2

What Is Domestic Violence?

last updated August 2013

Domestic violence is a pattern of abusive and threatening behaviors that may include physical, emotional,
economic and sexual violence as well as intimidation, isolation and coercion. The purpose of domestic
violence is to establish and exert power and control over another; men most often use it against their
intimate partners, such as current or former spouses, girlfriends, or dating partners. While other forms of
violence within the family are also serious, this site will address the unique characteristics of violence
against women in their intimate relationships, often referred to as intimate partner violence (IPV).

Domestic violence is behavior that is learned through observation and reinforcement in both the family
and society. It is not caused by genetics or illness. Domestic violence is repeated because it works.
Domestic violence allows the perpetrator to gain control of the victim through fear and intimidation.
Gaining the victim's compliance, even temporarily, reinforces the perpetrator's use of these tactics of
control. More importantly, however, the perpetrator's abusive behavior is reinforced by the socially
sanctioned belief that men have the right to control women in relationships and the right to use force to
ensure that control.[1]

For other definitions of domestic violence, see Part III, Section 4 of the 2010 United Nations Handbook for
Legislation on Violence Against Women[1] and the Council of Europe Convention on preventing and
combating violence against women and domestic violence.

Forms of Domestic Violence

Domestic violence can take a variety of shapes and forms, from emotional abuse to near-fatal physical
battering. Both married and unmarried women can experience domestic violence, and the abuse can
occur between same-sex partners as well as heterosexual couples. The most commonly recognized
types of domestic violence include:

 Physical violence
 Sexual violence
 Psychological/Emotional abuse

Additional forms of domestic violence, uniquely defined by the type of relationship or distinct
characteristics of the offense include:

 Dating Violence
 Stalking
 Marital rape
 LGBTQ Domestic Violence
 Animal Abuse and Domestic Violence

Not all forms of domestic violence are criminalized and, in fact, drafters of legislation are encouraged to
consider limiting intervention to cases involving physical and sexual violence, the threat of such violence,
and extreme acts of coercive control from which the victim cannot easily escape. While some countries
include psychological and economic abuse in criminal law, doing so can create a risk that violent abusers
will manipulate the system to enforce actions against their partner or to justify physical violence as an
appropriate response to their partner’s insults. See the Law and Policy section of this website for
variations on regional and state laws and model legislation.

Women's Use of Violence in Intimate Relationships

Although women do use violence against intimate partners, women's violence is often reactionary,
shaped by gender roles, and manifests itself differently than men's violence. Claims that men are
battered as often as women do not take into account the fact that in a high percentage of cases, women's
use of violence is preceded by severe acts of violence by their partners

http://www.stopvaw.org/What_Is_Domestic_Violence2.html

Theories of Violence
last updated April 2015

To be effective, intervention strategies for domestic violence must be based on a clearly articulated theory
of violence. To the extent possible, all parts of the community must share this view of violence to
effectively coordinate their responses to the problem.

There are several theories surrounding domestic violence, including the idea that domestic violence is a
learned behavior from childhood and that repressed batterers fall into a cycle of violence. For example,
the social ecological model recognizes that factors contributing to domestic violence exist at the
individual, relationship, community, and societal level.[1] Some factors, such as substance abuse,
contribute to the frequency and severity of the abuse while others, such as the systematic acceptance of
violence against women, has a causal relationship to domestic violence.

Although there are no simple explanations, research indicates that domestic violence has its roots in the
subordinate role women have traditionally held in private and public life in many societies. The United
Nations Declaration on the Elimination of Violence Against Women describes violence against women as
"a manifestation of historically unequal power relationships between men and women."[2] At the same
time, violence is used to perpetuate and enforce women's subordinate role. In the Declaration on the
Elimination of Violence Against Women, the United Nations and its member countries denounce domestic
violence as one of the "crucial social mechanisms by which women are forced into subordinate [positions]
compared with men."[3] The following sections will outline different theories regarding domestic violence
throughout recent history, contributing factors to domestic violence, and the role of alcohol in domestic
cases.

http://www.stopvaw.org/Theories_of_Violence.html

Effects of Domestic Violence

last updated August 2013

The effects of violence on a victim's health are far-reaching and devastating. Women who are battered
may suffer from a variety of medical problems, from depression to chronic pain; they may also be at an
increased risk of sexually transmitted infections (STIs) or unplanned pregnancies.[1] They may need to
miss significant amounts of work due to medical problems.[2] Domestic violence may be fatal. Worldwide,
the World Health Organization estimates that around 40% of all female murder victims are killed by an
intimate partner.[3]Victims of domestic violence are more likely to commit suicide.[4] Domestic violence
also contributes to other forms of violence against women; women who experience violence at home may
be more willing to look for and accept an uncertain and potentially risky job abroad, placing them in
danger of being trafficked. Research conducted by The Advocates for Human Rights
in Moldova and Ukraine revealed that domestic violence may increase women's vulnerability to trafficking;
women who experienced violence at home were more willing to look for and accept an uncertain and
potentially risky job abroad.

At the same time, however, women do not experience domestic violence in identical ways. Women may
be more or less vulnerable to particular kinds of abuse, and may experience difficulty in accessing legal
remedies or obtaining protection from the abuse because of their ethnicity or economic status. Culture
may also affect how and where women seek assistance, as well as how they experience and respond to
assistance. Intervention and advocacy efforts must recognize and adapt to these differences.

Domestic violence also has significant consequences for children, family, friends, co-workers, and
the community. Family and friends may themselves be targeted by the abuser in retaliation for helping a
woman leave a violent relationship or find assistance. Children in homes where domestic violence occurs
may be witnesses to abuse, may themselves be abused, and may suffer harm "incidental" to the domestic
abuse. Understanding the effect of domestic violence on children, and particularly the correlation between
spouse and child abuse, is a critical part of an effective community response to violence. Without this
basis, programs designed to help children may have unintended and negative effects on battered women,
and may not be effective in helping children deal with and recover from witnessing and experiencing
abuse.

http://www.stopvaw.org/Effects_of_Domestic_Violence.html

Health Effects of Domestic Violence

last updated August 2013

The effects of violence on a victim's health are severe. In addition to the immediate injuries from the
assault, battered women may suffer from chronic pain, gastrointestinal disorders, psychosomatic
symptoms, and eating problems. Although psychological abuse is often considered less severe than
physical violence, health care providers and advocates around the world are increasingly recognizing that
all forms of domestic violence can have devastating physical and emotional health effects. Domestic
violence is associated with mental health problems such as anxiety, post-traumatic stress disorder,
and depression. Women who are abused suffer an increased risk of unplanned or early pregnancies
and sexually transmitted diseases, including HIV/AIDS. As trauma victims, they are also at an increased
risk of substance abuse. According to a U.S. study, women who experience intimate partner abuse are
three times more likely to have gynecological problems than non-abused women.[1]

Women are particularly vulnerable to attacks when pregnant, and thus may more often experience
medical difficulties in their pregnancies. Recent research has called for increased study of pregnancy
associated deaths. "Pregnancy associated deaths" are "deaths occurring to women who have been
pregnant within the previous year." A study conducted by researchers in Maryland of 247 pregnancy
associated deaths found that the leading cause of death was homicide. The researchers have called for
"enhanced surveillance" of pregnancy associated deaths and additional research focusing more
specifically on the role of domestic violence.[2]

Other studies have shown that there are significant obstetric risk factors associated with domestic
violence. Abused women are more likely to have a history of sexually transmitted disease infections,
vaginal and cervical infections, kidney infections and bleeding during pregnancy, all of which are risk
factors for pregnant women. Abused women are more likely to delay prenatal care and are less likely to
receive antenatal care. In fact, "[i]ntimate partner abuse during pregnancy may be a more significant risk
factor for pregnancy complications than other conditions for which pregnant women are routinely
screened, such as hypertension and diabetes."[3]

As discussed in more detail in the section on marital rape, in many countries, marriage is believed to
grant men unconditional sexual access to their wives, and to permit the use of violence if their wives do
not comply. Women's lack of sexual autonomy in these situations puts them at risk of unwanted
pregnancies and sexually transmitted infections. According to the UN Population Fund, “research shows
that 222 million women in developing countries today do not have the means to delay pregnancies and
childbearing,” in part due to coercion and violence by an intimate partner.[4] And research presented at
the 2010 International AIDS Conference in Vienna indicates that the risk of contracting HIV is at least two
times greater for women who experience domestic violence.[5] Additionally, the World Health
Organization (WHO) reports that women who are victims of domestic violence are more likely to report
having had an induced abortion. Abortions tend to be underreported and frequently take place in unsafe
conditions, which place a woman’s health in greater risk.[6]

The WHO estimates that roughly 40% of all female victims of intimate partner violence are injured by the
violence.[7] The most common non-fatal injuries are to the head, neck, or face, followed by
musculoskeletal and genital injuries.[8] In the United States, authorities estimate that half of female
domestic violence victims are physically injured by an intimate partner.[9]

Domestic violence can be fatal; women are both intentionally murdered by their partners and lose their life
as a result of injuries inflicted by them. The WHO estimates that 38% of all women murdered are killed by
an intimate partner.[10] Studies in the United States have focused on strangulation, a tactic often used by
batterers. Because strangulation rarely leaves vivid external physical marks, police may not recognize the
victim's need for medical assistance or the seriousness of the violence. Injuries resulting from
strangulation can often be lethal; such injuries "may appear mild initially but they can kill the victim within
36 hours."[11] Whether or not strangulation results in death, it has been recognized to increase the risk of
death at the hands of the intimate partner. A 2008 study in the Journal of Emergency Medicine found that
43% of women murdered by an intimate partner and 45% of women who had been a victim of attempted
murder by an intimate partner had been strangled by that partner in the past year.[12]

In addition to the danger of death from injury or intentional homicides, research also indicates that women
who are abused may be more likely to commit suicide.[13] In 2000, UNICEF reported that a "close
correlation between domestic violence and suicide has been established based on studies in the United
States, Fiji, Papua New Guinea, Peru, India, Bangladesh and Sri Lanka,” finding “[s]uicide is 12 times as
likely to have been attempted by a woman who has been abused than by one who has not."[14]
The World Health Organization's Global and Regional Estimates of Violence against Women: Prevalence
and Health Effects of Intimate Partner Violence and Non-partner Sexual Violence (2013) details the
health consequences of violence against women around the world. The National Center for Injury
Prevention and Control and Futures without Violence (formerly the Family Violence Prevention Fund)
provide an excellent overview of the health effects of domestic violence on women and children.

http://www.stopvaw.org/Effects_of_Domestic_Violence.html

Although family law and criminal law are two very distinct areas of law, they frequently overlap,
creating challenges for practitioners of both disciplines. When a family law case involves elements of
criminal law, the case becomes exponentially more complicated for the family law practitioner. Often,
the multitude of orders in the family courts and the criminal courts seem to conflict with one another.
Cases may proceed simultaneously in different courts and through different attorneys, leading litigants
to question which orders take precedence. This article examines the common intersection between
family law and criminal law specifically in the realm of domestic violence.

Divorce and Domestic Violence

Divorce is frequently a triggering event for domestic violence. Domestic violence is generally defined
as abuse by one partner against the other in a marriage or other intimate relationship. Pushing,
shoving, hitting, sexual assault, and other forms of physical attack are all forms of domestic abuse, as
are stalking, intimidation, isolating a partner from others, withholding money, and emotional abuse of
all kinds. Research from the National Coalition Against Domestic Violence found that on average nearly
20 people per minute are physically abused by an intimate partner in the United States. This equates
to more than 10 million women and men each year. One in three women and one in four men have
been victims of some form of physical violence by an intimate partner in their lifetime. One in five
women and one in seven men have been victims of severe physical violence by an intimate partner in
their lifetime. Further, one in seven women and one in 18 men have been stalked by an intimate
partner in their lifetime to the point that they felt very fearful or believed that they or someone close
to them would be harmed or killed.

Although the legal definitions of domestic violence can vary between states, the National Center for
State Courts’ State Court Guide to Statistical Reporting 2009 defines domestic violence as “criminal
cases involving violence, coercion, or intimidation by a family or household member against another
family or household member.” All 50 states and the District of Columbia have statutes that require the
courts to consider domestic violence committed by one parent against the other in resolving a custody
or visitation dispute between parents. Many states also have statutes or case law that require courts
to consider the occurrence of violence in a child’s household in resolving custody disputes aimed at
ensuring a child is not placed in a household where violence occurs or where a parent will not protect
a child from future violence. As recently as 2010, 22 states had enacted presumptions against
awarding custody of children to parents who committed family violence, whereas the remaining states
and the District of Columbia only required that a court consider family violence as a factor in
determining child custody. Most states do not have statutes that discuss exactly what level and
frequency of violence determine possession and custody, allowing judges wider discretion to consider
the impact of domestic violence. Some states such as New Hampshire and Nevada define abuse in
terms of the state criminal codes, requiring the abuser’s conduct to fit into one of the list of crimes in
the statute before it is considered in a family law case. States set out different kinds of proof to show
what is admissible or required to prove domestic violence. Arizona requires the courts to consider
findings from other courts, medical reports, police reports, child protective services reports, and
witness testimony, whereas in Massachusetts the issuance of an ex parte protection order is not
admissible to show abuse. Most state statutes do not require proof that the child witnessed the
violence or that the violence had an impact on the child. However, at least six states statutes require
the court to determine whether the violence had an adverse effect on the child when custody and
possession are being decided.
Orders of Protection
In all 50 states and the District of Columbia, individuals who have experienced domestic violence have
civil and criminal remedies to protect themselves from further abuse.

Emergency protection order. In many states, when the police encounter a domestic violence
situation, one of the two parties involved in the dispute is required or requested to leave the home. In
about one-third of states, police officers are also authorized or required to remove guns when they
arrive at the scene of a domestic violence incident without further investigation or court intervention.
In some states, the police can give the victim an emergency protection order (EPO). An EPO is a
short-term protection order typically given to a victim by the police or magistrate when his or her
abuser is arrested for domestic violence. The EPO is generally for a limited period, such as three or
seven days. This permits the victim time with an EPO in place to request a longer-term protection
order. An EPO may be issued where there is not yet a family law proceeding in court. An EPO is often
the basis for an individual to seek a more permanent order of protection in the family courts.

Protection order. All 50 states and the District of Columbia have statutes for some form of
protection order. However, states have different names for these orders. For example, Illinois, New
York, and Texas call them protection orders or orders of protection, while California calls them
restraining orders and Florida calls them injunctions for protection against domestic violence. A
protection order is different from an EPO because it lasts for a longer term, typically one to five years,
and in extreme circumstances up to a lifetime. A victim can renew the protection order if he or she still
feels threatened by the abuser.
A protection order may include many different provisions, including:

 No-contact provision. This prohibits the abuser from calling, texting, e-mailing, stalking,
attacking, hitting, or disturbing the victim. The order against contact may also protect other
people in the family.
 Provision regarding contact. This permits the abuser to communicate peacefully with the victim
for limited reasons, including care and transfer for visitation of their children.
 Stay-away provision. This orders the abuser to stay at least a certain number of yards or feet
away from the victim and the victim’s home, job, school, and/or car. The stay-away distance can
vary by state, judge, or the lethality of the situation, but is often at least 100 yards or 300 feet.
 Move-out provision. This requires the abuser to move out of a home shared with the victim. This
order may apply even if a residence is in the sole name of the abuser. The judge can order the
police to escort the abuser to remove personal items from the residence, or shared place of
business, so that the victim is protected by the police during any necessary contact.
 Firearms provision. This requires the abuser to surrender any guns he or she possesses (in
about two-thirds of states) and/or prohibits the abuser from purchasing a firearm.
 Counseling provision. This orders the abuser to attend counseling, such as batterer’s
intervention, anger management, or Alcoholics Anonymous.
 Provision regarding payment of expenses. In some states the court may also order the
abuser to pay for costs that resulted from the abuse, for example household bills that are due
right away, medical/dental treatment, moving expenses, or loss of earnings. The judge can also
make the abuser pay the victim’s attorney fees and can make the abuser pay damages to the
victim or other people who helped the victim or got hurt by the abuser.
Protection orders may include the victim’s children, other family members, roommates, or current
romantic partner. This means the same no-contact and stay-away rules apply to the other listed
individuals, even if the direct harm was to the victim. Many states now allow pets to be protected by
the same order, as abusers may harm pets to torment their victims. As a result of growing scientific
documentation of the frequent co-occurrence of animal abuse and domestic violence, state legislatures
have begun to offer legal protection for the animal victims of family violence. Maine enacted the
nation’s first laws in 2006 that empower courts to include companion animals in domestic violence
protection orders, and that same year New York and Vermont followed suit. Since then, 29 states
have enacted laws that include animals in orders of protection.

Some states issue protection orders for situations that not only involve physical violence but also
threats of violence. Delaware, for example, includes within its definition of domestic violence instances
where an abuser causes a victim to reasonably fear receiving a physical injury, even where no injury
follows. In Delaware defendants may be convicted under such circumstances even when they act
without intending to cause such fear, if they are found to have acted recklessly and with extreme
disregard for the probable consequences of their acts. Delaware’s definition of domestic violence also
includes instances where a person conveys to the victim a threat to harm a third person, such as the
victim’s child. In some states, people may be charged with an additional offense besides the
underlying act where a child witnesses the commission of the act. In Utah a defendant is guilty of child
abuse where a child is present during the defendant’s infliction of serious bodily injury against a
person with whom the defendant cohabitates.

Federal Firearms Prohibition

A person who has been convicted of the felony or misdemeanor crime of domestic violence toward a
spouse, former spouse, cohabiting intimate partner, or a person with whom the offender shares a
biological child is prohibited from owning firearms. Likewise, a person under a permanent restraining
order is not permitted to own firearms. A qualifying protection order in which the federal firearms
prohibition would apply is one (1) where the petitioner and respondent are married or formerly
married, live together or formerly lived together, or have a child in common, or the petitioner is the
respondent’s child; (2) issued after a hearing of which the offender had actual notice and an
opportunity to participate; (3) that restrains the offender from harassing, stalking, or threatening the
intimate partner or child or from engaging in conduct that places either the partner or child in
reasonable fear of bodily injury; (4) that includes an express finding that the offender presents a
credible threat to the physical safety of the intimate partner or child; or (5) that expressly prohibits
the use, attempted use, or threatened use of physical force against the intimate partner or child that
might reasonably be expected to cause physical injury.

Violation of Protection Orders

Violation of a protection order can be treated as a felony, misdemeanor, or contempt of court and may
result in a variety of penalties depending on the severity of the violation, the specific terms of the
order, and the state in which the violation occurred. Felony charges are often reserved for either
repeat or serious violations. Sometimes violations are considered both contempt of court and a new
domestic violence charge such as aggravated stalking or other advanced crimes, although California
found this to subject the defendant to double jeopardy. In many states, police policy is to arrest
violators of these orders automatically.

Enforcing Protection Orders in Different States

The Violence Against Women Act (VAWA) is a federal law enacted in 1994 that provides for
investigation and prosecution of violent crimes against women, imposes automatic and mandatory
restitution on those convicted, and allows civil redress in cases prosecutors choose to leave
unprosecuted. The full faith and credit provision of VAWA defines “protection order” as any civil or
criminal restraining order, injunction, bail or release order, probation condition, or any other order for
protection issued to protect victims of domestic violence, sexual assault, dating violence, or stalking or
to deter offenders from further violence or abuse. Under VAWA, domestic violence survivors may
move as part of a plan to keep them safe from a former abuser. The Full Faith and Credit Clause of
the Constitution and VAWA requires that a valid protection order can be enforced in the jurisdiction
where it is issued and in all other U.S. states and territories as well. Therefore, if an abuser stalks a
victim in his or her new state of residency, the police must uphold the protection order from another
state.

Conclusion
Although family law is very different from criminal law, an understanding of the implications and
interconnection between the two allows practitioners to better protect and advise their clients in cases
involving domestic violence.

https://www.americanbar.org/publications/gp_solo/2015/july-
august/divorce_and_domestic_violence_when_family_law_meets_criminal_law.html