Practice Areas : Domestic Violence
Practice Areas : Criminal Law
Practice Areas : Criminal Law
Practice Areas : Domestic Violence
This category covers attorneys who work on both sides of domestic violence matters: obtaining and enforcing protective orders for people who have been threatened or harmed, and defending people accused of domestic assault, harassment or violating an existing order.
These cases move fast and cut across areas of law. A protective order can be granted within days, and it can change where someone lives, who has the children and whether they can possess a firearm. A criminal charge and a family court case often run in parallel, and what is said in one affects the other.
Before you hire
If you are in immediate danger, contact emergency services first; legal steps come after safety.
No. In a criminal case the charges belong to the state, not the victim, so only the prosecutor can dismiss them. A victim can tell the prosecutor they do not want the case to go forward, and that can influence the decision, but many prosecutors continue domestic violence cases even without the victim's cooperation.
Yes, significantly. Every state requires courts to consider domestic violence when deciding custody, and many presume that giving custody to a parent who committed domestic violence is not in the child's best interests. The abusive parent may still get visitation, but often supervised and with conditions such as completing a batterer intervention program.
You get a restraining order by filing a petition at your local court describing the abuse or threats, asking a judge for a temporary order that day, having the other person served, and attending a hearing — usually within two to three weeks — where the judge decides whether to issue a longer order.
Violating a restraining order is a crime. Police can arrest the violator on the spot without a warrant, and the violation is usually charged as a misdemeanor — or a felony for repeat or violent violations. The court can also hold the person in contempt, and the violation can affect custody and bail in other cases.
A restraining order is a court order that forbids a person from contacting, approaching, threatening or harming someone. In domestic violence cases it is often called a protective order or order of protection. It is a civil order, but violating it is a crime, and police can arrest the person who breaks it.
Stalking is a pattern of repeated, unwanted conduct aimed at a specific person that would make a reasonable person fear for their safety or suffer substantial emotional distress. Following, watching, repeated calls and messages, tracking by GPS and threats can all qualify. It is a crime in every state and under federal law.
Domestic violence is abuse by one person against a current or former spouse, partner, family member or household member. It includes physical violence, threats, sexual abuse, stalking and, in many states' definitions, coercive control. It is a crime in every state, and victims can also obtain civil protective orders.
The Violence Against Women Act is a federal law first passed in 1994 that funds services for victims of domestic violence, dating violence, sexual assault and stalking, strengthens criminal penalties, and gives victims specific legal protections. Despite its name, it protects victims of any gender. It was last reauthorized in 2022.