State Laws

In the last twenty-five years, state legislatures and courts have been paying increasing attention to domestic violence. Most states have laws designed to protect individuals from domestic violence by their spouses, other family members, and people with whom the victim may have had a social relationship.

A common remedy is for a court to issue an order of protection (also known as a protective order) that orders the alleged abuser to stop abusing or harassing someone else. In addition, the orders will often direct the abuser to stay away from the victim, and the victim’s home or place of work. If the person continues to abuse the person protected by the order, the abuser can be charged with a criminal violation of the order in addition to being charged with other offenses, such as assault and battery. Penalties include fines and incarceration.

The domestic violence statutes in most states apply not only to physical attacks, but also to other types of conduct. Some examples of conduct that could be considered domestic violence: creating a disturbance at a spouse’s place of work, harassing telephone calls, stalking, surveillance, and threats against a spouse or family member (even though the threat may not have been carried out).

Studies have shown that issuing a protective order or arresting a person who commits an act of domestic violence does reduce future incidents of domestic violence. When perpetrators of domestic violence see that the police and court system will treat domestic violence seriously, many persons who commit domestic violence may be deterred from future violence.

Nonetheless, studies also report that a woman is at 75 percent higher risk of being murdered by an intimate partner when she flees or has fled, compared to when she stays. Thus, careful safety planning is essential.

Orders of protection are not guarantees of protection or safety. For some individuals with intense anger or rage, no court order will stop their violence, and a court order might even add to the rage. Each year, there are reports of women murdered by their husbands or boyfriends despite numerous arrests and orders of protection. The legal system cannot offer perfect protection, although it can reduce violence.

Many states have victim compensations funds that can help the victims of domestic violence as well as the victims of other crimes. The funds may cover medical costs, mental health counseling, and loss of wages or support.