How to Know If Domestic Violence Is Punishable Under Criminal Law

The US justice system gives abusive victims several ways to bring their oppressors to justice. Domestic abuse can range from physical abuse to emotional or psychological abuse, all of which is punishable under criminal and civil laws. To mount a successful criminal case, you'll need to know how criminal law differs from civil law and if you'll be able to prosecute your case according to these different standards.

Instructions

Know the Differences Between Criminal and Civil Cases

1. Ask arresting officers, social workers or an attorney if your domestic violence case could be considered a crime against society. That's one of the principal differences between a criminal case and a civil case, in which a crime is prosecuted on behalf of the individual who's been wronged. Along with murder, rape or assault, domestic violence typically meets the definition of a crime against society.

2. Make your case to a jury of your peers. Unlike domestic violence suits in a civil court, you won't be making your case exclusively to a judge. Criminal trials are decided and sentenced by juries of average citizens.

3. Seek jail time as punishment in a criminal trial. While punitive damages can be awarded by a judge in a criminal trial, monetary compensations are handled typically by civil trials. A criminal trial is more focused on punishing the guilty party than compensating the prosecuting party.

4. Ensure that you can prove your domestic violence claims "beyond a reasonable doubt." This is the standard by which jurors in a criminal case will reach a verdict. Domestic violence cases in civil courts are decided by the much laxer "preponderance of evidence" standard.

Mount a Domestic Violence Case in Criminal Court

1. Report any instances of domestic abuse to your local police department. This will initiate the process of a criminal court case.

2. Determine the differences in state laws to discover if instances of domestic abuse are punishable under local laws. Rules about what constitutes domestic abuse, sentencing and the legal process can differ between states. A non-profit organization like WomensLaw can help you to understand domestic violence laws in your state (see Resources below).

3. Find an attorney to help you try your criminal case. Chances are good that you'll be able to find a lawyer who specializes in domestic violence cases. A seasoned legal professional can help you to understand the differences in how to prosecute criminal and civil cases.

4. Support your claims of domestic abuse with evidence. Photographs or videos of bruises or cuts you've suffered can help to convict an abusive partner during a criminal trial. This can help to overcome any "reasonable doubt" in the minds of jurors.

Tips & Warnings

• Prosecuting a criminal case doesn't preclude the possibility of filing a civil case too. In many cases, civil and criminal trials can take place at the same time regarding the same instances of abuse.

• Not only is domestic violence punishable under criminal law, but in some states it's unavoidable. It's common for abuse victims to recant their charges and drop cases, continuing the cycle of abuse. For this reason, many states have implemented "mandatory prosecutions" when an arrest is made in a domestic abuse case

Resources

• State domestic abuse laws from WomensLaw