Laws Against Domestic Violence
Domestic violence is a problem in the United States. Prior to the Crime Bill of 1994, which included the Violence Against Women Act, the federal government didn't have any jurisdiction over domestic violence crimes. It was up to each state to pass and enforce laws to protect victims. However, once the Crime Bill was passed, the federal government set a precedent after which states had to model their laws. The federal government also set a strict guideline for when it would step in to prosecute cases. The federal government also provides that domestic violence charges can be placed against an offender, even if the victim doesn't want to press charges.
Other People Are Reading
-
Victims' Rights
-
As part of the federal government's attempt to protect domestic violence victims and encourage them to come forward and pursue charges against their attacker, 42 U.S.C. § 10606(b) was passed. This law requires that victims of domestic violence be treated with courtesy and dignity. It requires that the certain matters be kept private, unless the victim wishes those matters to be released. Thus, some hearings may be closed to the public or some testimony may be considered privileged. According to this law, the victim must be allowed at all proceedings regarding the case unless the court feels some of the testimony will damage her mentally or emotionally. She must also be kept up to date on the status of the case, including court dates, sentencing, release dates and parole requirements.
Testimony at Bail Hearings
-
A victim of domestic violence can choose, at her own option, to testify at bail hearings for her attacker. The purpose of this law isn't to let victims try to sway the court in their favor, but rather to allow the victim a chance to voice an opinion regarding concerns for her safety if the attacker is released, even if an order of protection is issued.
-
Domestic Violence and Firearms
-
According to federal law 18 U.S.C. § 922(g)(8), it is against the law for anyone who has a restraining order filed against him or her to carry a firearm. People who are issued firearms for law enforcement or military jobs may carry their firearms while on duty, but must turn them in to their supervisor prior to going off duty. Another law concerning firearms and domestic violence is 18 U.S.C. § 922(g)(9). This law stipulates that anyone who is convicted of a misdemeanor count of domestic violence may never possess a firearm, even if the person is a law enforcement officer or member of the military. These laws are part of an effort to reduce the risk of the victim being killed or further injured by the offender.
Restitution
-
Some victims of domestic violence require medical care or mental health care. Some victims must miss work. In some cases, the victim has to find a new place to live or new means of transportation. In an effort to help the victim with these costs, 18 U.S.C. § 2264 orders the court to provide restitution for these expenses. Restitution for attorney fees and other legal costs is also included in this law.
Interstate Law
-
Because of variations in state laws concerning domestic violence, several federal laws were enacted to provide protection in the event an attacker lives in one state and abuses his domestic partner or her children in another. These provisions are included in 18 U.S.C. § 2261, 18 U.S.C. § 2261A and 18, U.S.C. § 2262. These laws state that an attacker who knowingly crosses state lines to commit domestic violence is punished according to federal laws instead of state laws. While states find it difficult to prove that the attacker crossed state lines for the purpose of violence, the laws further stipulate that if the victim has a restraining order or has filed a complaint of domestic abuse against the attacker, police and the courts can assume the attacker crossed state lines with the intent to attack. The penalties under these laws depend on the victim's injury. For example, the attacker whose victim ends up with life-threatening injuries would be punished more severely than one whose victim has some minor scratches. However, the minimum sentence is five years, regardless of the victim's injuries.
-
