Domestic Violence Information Center

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Frequently Asked Questions about Domestic Violence

Q: What is domestic violence?

A: Domestic violence includes many forms of coercive behavior, including physical, sexual, economic, emotional or psychological abuse of one family member (or romantic partner) by another. In most states, domestic violence includes behaviors that constitute assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Q: Can I be arrested for domestic abuse if the injury is minor?

A: Yes. Minor physical injuries, and even the threat of violence, may result in an arrest in a domestic violence case. However, the severity of the injury may influence the specific charge brought.

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Felony Domestic Violence

Most domestic violence charges can be charged as either a felony or a misdemeanor. A defendant charged with a felony could serve a significant term in prison, whereas a defendant charged with a misdemeanor may serve only a short jail term or be required to pay a fine, attend counseling, or be put on probation. If you are charged, you need an attorney to coordinate a strong defense, regardless of the charge level.

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Domestic Violence Sentencing

The penalties for domestic violence vary depending on the specific charge and the severity of the crime, and can generally range from fines and community service to incarceration and even a death sentence. Misdemeanor domestic violence penalties depend on the facts of the individual case. Penalties for felony convictions are more severe, and depend on the crime's severity and surrounding circumstances. Judges will also look at prior convictions.

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A Domestic Violence Arrest and Your Divorce

Domestic violence charges often have far-reaching and significant effects on divorce proceedings. The violence may mean that mediation is not an option, and charges of violence may affect child custody, and the distribution of property. Mediation is used as a settlement tool in many divorce cases, but the results may not be completely satisfactory if you are charged with domestic violence. If a judge decides your divorce case, he or she may consider the allegations of domestic violence in making the final ruling in your case. It is thus especially important that you contact an experienced criminal defense lawyer if domestic violence charges are brought against you during a divorce proceeding.

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How Restraining Orders Work

A domestic violence restraining order is a court order that helps protect a person from abuse, usually by prohibiting an abuser from contacting or coming near the protected person. An attorney may be involved to help the person seeking the order, or later to defend the subject of the order. Typically, a domestic violence victim can ask a family law court for a restraining order if a person with whom he or she has a close relationship abuses him or her. In general, a person may qualify for a domestic violence restraining order if the abuser caused or attempted to cause injury or to assault the victim sexually, or if the abuser threatened to harm the victim and there is reason to believe that he or she will carry out the threats. Most states can issue emergency orders, temporary orders, and permanent orders. Generally, a judge will decide whether or not to issue the order within one business day, and sometimes sooner. In many jurisdictions, a victim may be able to obtain an emergency restraining order through the local police department if the court is closed. If the restrained person violates the order, he or she can be arrested and charged with a crime. Only the judge can change or cancel a restraining order.

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