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Woman who is tired of putting up with domestic violence

Domestic Violence: A Guide to Legal Action

Leaving an abusive situation can be a struggle. While specific state legislature may vary, remember that there are national laws in place to protect you. If you or someone you know is experiencing intimate partner violence, there are two main legal options available: criminal charges or civil court. 

Criminal Charges

Most of the protections afforded by our legal system are due to the Violence Against Women Act, or VAWA. It was introduced in 1994 and has since been amended to assist same-sex couples, domestic violence survivors from Indian country, and undocumented immigrants. While the title of the law doesn’t explicitly name men, male survivors are indeed protected by VAWA as well.

To immediately pursue criminal charges, file a police report or call the police immediately. Law enforcement holds the reins to the case from that point out. If your case goes to court, you will have to testify in court. You also have the option of requesting a restraining order. A restraining (often referred to also as protection) order does not convict your abuser of a crime but does impose strict limitations on interaction. The process of obtaining a restraining order may vary depending your state, but here’s a general overview of the process.

Restraining Orders

First, you’ll apply for a temporary restraining order, many of which require evidence of the abuse.  You’ll have a scheduled hearing date, at which you and your abuser will present your case; if you are given a permanent restraining order, your partner won’t be convicted of any criminal charges. However, if he or she violates the terms of the protection, they will be liable for arrest and charges. A restraining order can prevent your abusive partner from confronting you at home, work, school, or online. If you and your partner have children, a restraining order can temporarily grant you custody while going through the process of leaving your abuser.  

Potential Evidence

Any evidence is helpful. While pictures are beneficial, don’t worry if you don’t have any photographic evidence of physical violence. Keep a thoroughly detailed journal to record instances of domestic violence. Be as specific as possible when recording dates and times, in addition to the description of the violence, the aftermath, and your injuries. If your partner is stalking you or making threats via text message or social media, be sure to keep track of those as well. Print screen-captured copies of any threatening or violent messages, Facebook or blog posts; digital screenshots are an alternative for those who can’t keep physical printouts of emails or texts. Your evidence will play a key role throughout the legal process.

Civil Court

In addition to seeking criminal charges and obtaining a restraining order, you can also sue your abuser for damages incurred, which typically includes hospital bills, lost wages, or pain and suffering. Depending on the time frame of the incident and the amount of damages, you can take your case to small claims court and represent yourself. Don’t let financial instability discourage you from seeking legal representation outside of small claims; you may be able to hire a lawyer with a contingency fee, which requires payment of a percentage of the damages you win in court. 

Last Updated: March 24, 2015