Domestic Violence
Domestic violence law protects people from abuse by a spouse, partner, family member or household member, and punishes the abuser. It works through two systems at once: civil protective orders and criminal prosecution.
What Does Domestic Violence Cover?
A victim can ask a civil court for a protective order, also called a restraining order, which can bar the abuser from contact, order them out of a shared home and set temporary custody. Emergency orders are often granted the same day and last until a full hearing. Separately, police and prosecutors can bring criminal charges such as assault, stalking or violating an order, and the case can go forward even if the victim does not want to press charges. A finding of abuse affects custody decisions, and federal law bars many people under protective orders or convicted of domestic violence misdemeanors from possessing firearms.
Getting Protected
Orders that keep an abuser away, such as:
Criminal Charges
When abuse is prosecuted, such as:
Leaving a Marriage
Divorce when there is abuse, such as:
Older Adults
Abuse of parents and grandparents, such as:
Accused of Abuse
Defending against an order or charge, such as:
Domestic Violence Lawyers in Your State
State law decides deadlines, forms and procedure, so start with the state where your matter is. Each page lists local attorneys and the cities where they work.
- Alabama26
- Arizona63
- Arkansas13
- California282
- Colorado54
- Connecticut19
- Delaware7
- Florida166
- Hawaii15
- Idaho11
- Illinois73
- Indiana22
- Iowa10
- Kansas15
- Kentucky31
- Louisiana9
- New Jersey156
- New York92
- Texas122
When Do You Need a Domestic Violence Lawyer?
If you are in immediate danger, call 911. The National Domestic Violence Hotline (1-800-799-7233) can help with safety planning, and most courts let you file for an emergency protective order without a lawyer. A lawyer helps most at the full hearing, where the order's length and terms are set, and when custody, housing or divorce are involved.
If you have been accused, speak to a defense lawyer before responding to the petition or to police. A protective order can affect your home, your children and your right to own firearms, and violating one is a separate crime even if the original allegation is disputed.
Common Questions
- How many years do you have to live together for a common law marriage?
- What is common law marriage?
- What is family law?
- Which states recognize common law marriage?
- What is a red flag law?
- What is a stand your ground law?
- What is an ex post facto law?
- What is battery in law?
- What is conspiracy in law?
- What is criminal law?
- What is double jeopardy?
- What is entrapment?
- What is immunity in law?
- What is Megan’s law?
Related Practice Areas
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This guide explains general rules in the United States and is not legal advice. Laws and deadlines differ by state, and only a licensed attorney can tell you how they apply to your situation.