Federal and State Legislation
Domestic Violence Legislation at the Federal and State Level
Domestic violence is considered any violent act taken against someone involved in an intimate or family relationship (Eulich, 2013). It is a serious problem with countless victims each year. In 1994, Congress passed the United States Crime Bill which gave power to the federal government to help combat domestic violence, in particular violence against women and children. Specifically, the Violence Against Women Act (VAWA) was created to address this problem which is considered to not only hurt victims, but also damage families, children and society as a whole (Eulich, 2013). The Act mandates that such crimes may be prosecuted by the Department of Justice and that the Gun Control Act (that existed as part of the federal Crime Bill) be extended to include issues related to domestic violence crimes. This VAWA gives the federal government a platform for prosecuting offenders to the fullest extent of the law in certain cases.
The VAWA defines abuse as anything related to personal injury, harassment, intimidation, excessive force, kidnapping, and threats that create a reasonable fear of death. It also covers the subjects of firearms and forced interstate travel. Intimate partners can be a spouse, former spouse, past or present cohabitant or parents of a child in common. It is important to note that girlfriends and boyfriends that have never cohabitated are not included in every instance, however. Immediate family is most often considered spouses, parents, siblings, children, family relations established...
It also states that it's illegal to force or coerce someone else across state lines with this intent. This is important for helping battered women relocate themselves and their children to safety. Interstate stalking was added as a violation in 1996 as was travel out of state in order to violate an order of protection that has been issued in another state. For instance, in Tennessee an abusive ex-husband may be prohibited through an order of protection from contacting his former wife. If he learns that she will be in New York for work or a vacation, he cannot attempt to follow her and make contact there. The order of protection from Tennessee would still stand.
Further, because there have been so many instances of domestic violence involving women and children that also involve firearms, the VAWA has special restrictions in this area. If someone is subject to an order of protection or restraining order, they are prohibited from possessing a firearm while the order is in effect. This is to help ensure that incidents of domestic violence to do escalate to an extent that could result in a death by gunfire. When combined with restraining orders, the firearm provisions of the VAWA work to discourage extreme violence against women and children. Anyone who violates these laws could face up to 10 years imprisonment (Eulich, 2013).
Federal domestic violence…
