last updated February 1, 2006

The Violence Against Women Act of 1994 (VAWA) has provisions designed to improve both victim services and arrest and prosecution of batterers. As described by the National Coalition of Domestic Violence, VAWA created a national domestic violence hotline and allocated substantial funds for a number of different kinds of initiatives and programs, including shelters and other services for battered women, judicial education and training programs, and programs to increase outreach to rural women. VAWA not only reauthorized STOP grants, which support programs designed to improve law enforcement and prosecution response to domestic violence, but also mandated that domestic violence advocates be involved in the planning and implementation of these programs. VAWA also reauthorized funds for Victim and Witness Counselors, who work with domestic violence victims in federal prosecutions.

A provision of VAWA that created a federal civil right of action—a right of action that would have allowed a victim of violence, such as sexual assault or domestic violence, to sue the perpetrator for civil damages resulting from the attack—was challenged as unconstitutional under United States law. A brief submitted in opposition to the challenge emphasized that VAWA was consistent with the United States' international legal obligations to provide victims of gender based violence with effective remedies. Although that particular provision of the law was struck down by the Supreme Court as unconstitutional, the remainder of the law remained intact.

The 2005 renewal of the Violence Against Women Act (VAWA), was signed into law by President George Bush on January 5, 2006. The 2005 version of VAWA promises $2.7 billion over the next five years and increases attention and funding for victim outreach, assistance and prevention efforts. For the first time, VAWA authorizes $10 million to assist communities in creating permanent housing options for victims of domestic violence.  VAWA will also increase funding for transitional housing, health care services and for securing employment leave for women who must miss work while moving or trying to make court appearances. In addition, VAWA will also expand its focus to change attitudes toward other violent crimes including dating violence, sexual assault, and stalking.

The U.S. District Court for Vermont, in its ruling on cross motions for summary judgment in the case of Bouley v. Young-Sabourin, ruled in January 2006 that the Fair Housing Act prohibits a landlord from evicting a woman because she was battered. The judge based the ruling on the fact that the victims of domestic violence are usually women and that throwing them out of their home for being abused constitutes gender-based discrimination, which women are protected against under the Act.

The Victims of Trafficking and Violence Prevention Act of 2000 created a new form of relief for victims of domestic violence in the United States. The new law created "U-Visas," which allow immigrants who are victims of certain crimes, including domestic violence, or have information about those crimes, to apply for residency in the United States. A law enforcement official must certify that the individual's assistance is necessary for the investigation.

The Institute for Law and Justice publishes Review of State Laws Relevant to Violence Against Women (Domestic Violence, Sexual Assault, Stalking, and Related Laws), Neal Miller, 1 December 2002. This report contains a survey of U.S. state laws on domestic violence, including laws that affect prosecutor and police policies.

Enhanced Penalties Statutes, by Eve Zamora, describes the different kinds of enhanced penalties for domestic violence that have been enacted in different states in the United States.

Domestic Violence & Stalking: A Comment on the Model Anti-Stalking Code Proposed by the National Institute of Justice, Nancy K.D. Lemon, December 1994, provides an excellent overview of some of the issues that should be considered in drafting anti-stalking legislation. Critical to such legislation is that it account for the domestic violence context in evaluating whether the behavior is threatening, include implied threats in the definition of stalking, and be based on a "reasonable woman" standard, not a "reasonable person" standard in determining whether behavior was threatening.

Minnesota's Domestic Abuse Act, Section 518B.01 of Minnesota's statutes, creates a civil remedy of an Order for Protection (OFP), designates the procedures that must followed in applying for and granting an OFP, and describes the kind of relief that can be granted. For example, the Act sets forth the circumstances under which an ex parte order may be granted and requires that a hearing be held within ten days after the issuance of such an order. The Act also describes penalties for violations of both OFPs and No Contact Orders, orders issued against a defendant in criminal proceedings for domestic violence, and describes how law enforcement officials should enforce such orders. In addition, the Act includes a number of provisions that facilitate victims' access to the legal system. For example, the Act waives the filing fees for orders of protection and provides that an individual filing for an OFP may request that his or her address not be disclosed to the public.

Section 609.2242 of Minnesota's statutes criminalizes domestic violence. Under this law, an individual commits the crime of domestic assault by causing another to fear immediate bodily harm or death, or inflicting, or attempting to inflict, such harm. Penalties are increased when the perpetrator has previously committed one or more domestic assaults within a certain period of time.

Minnesota has also enacted a domestic violence arrest law, Section 629.341, that allows officers to arrest an individual without a warrant if there is probable cause to believe that the individual has committed domestic abuse, and that requires officers to provide victims of domestic violence with notice of their legal rights.

Section 629.342 of Minnesota's statutes provides that police departments must develop policies and protocols for dealing with domestic violence, and explicitly requires police officers to assist victims in obtaining medical treatment and providing the victim with a notice of his or her legal rights.

On June 2, 2005, Minnesota Governor Pawlenty signed into law Bill 2273 (Omnibus Public Safety Policy and Funding Bill) making assault on a household or family member by strangulation or asphyxiation a felony punishable by up to three years imprisonment.

New York State's Domestic Violence Prevention Act creates a comprehensive network of services for victims of domestic violence. The Act requires social services districts to offer emergency shelter and other services, including advocacy, counseling and referrals. The Act requires shelters that receive funding under its provisions to maintain a confidential address and also mandates that other government agencies keep such addresses confidential.

New York State's law on warrantless arrest permits localities to establish mandatory arrest regulations or policies. The state's law on criminal procedures for family offenses directs officers investigating "a family offense" under that provision to "advise the victim of the availability of a shelter or other services in the community" and to "immediately give the victim written notice of the legal rights and remedies available to a victim of a family offense." This law provides an example of the kind of information an officer might give to a victim, and mandates that the notice be prepared in multiple languages if necessary.

New York State also passed a law creating an Office for the Prevention of Domestic Violence. The Office is charged with advising the governor and legislature "on the most effective ways for state government to respond to the problem of domestic violence" and to "develop and implement policies and programs designed to assist victims of domestic violence and their families, and to provide education and prevention, training and technical assistance."

California Passes Tough New Domestic Violence Laws, Marie De Santis, Women's Justice Center, provides an overview of California's new domestic violence law and discusses the ways in which the law could be further improved. The California Penal Code includes links to Section 836, the state's law on arrest, as well as sections of Part 4 Title 5 of the Penal Code, governing the law enforcement response to domestic violence.

California's Family Code contains provisions governing protections for victims of domestic violence, including the issuance and enforcement of OFPs (called "protective orders" under the Family Code), and the duties of law enforcement officers.

Pennsylvania's Protection from Abuse Act defines the parameters for law enforcement, courts and advocates in working with victims and perpetrators of domestic violence. It also authorizes civil protection orders for victims.