Domestic Violence Charges

Criminal charges for violence or threats against a family or household member or partner, which bring consequences beyond the sentence, including a federal firearms ban.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Domestic Violence law firms.

What it means

Domestic violence charges are ordinary state crimes such as assault, battery, harassment, stalking or criminal threats, made more serious by the relationship between the people involved: a spouse or former spouse, a dating partner, a co-parent, or a family or household member. Many states have pro-arrest or mandatory-arrest policies for these calls. A no-contact order is often imposed as a condition of release, and violating it is a separate offense even if the alleged victim invites the contact. The decision to prosecute belongs to the prosecutor, not the alleged victim, so a victim who wants the charges dropped cannot simply withdraw them.

The consequences reach well beyond the sentence. Federal law makes it a crime for anyone convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition (18 U.S.C. § 922(g)(9)). The domestic relationship does not have to be an element of the state offense (United States v. Hayes, 555 U.S. 415 (2009)), and a reckless assault qualifies (Voisine v. United States, 579 U.S. 686 (2016)). A person subject to a qualifying protective order is also barred from possessing firearms while the order lasts (18 U.S.C. § 922(g)(8)), a prohibition the Supreme Court upheld in United States v. Rahimi, 602 U.S. 680 (2024). For a noncitizen, a domestic violence conviction is a ground of deportation (8 U.S.C. § 1227(a)(2)(E)(i)).

Some conduct is also a federal crime, such as crossing a state line to commit domestic violence or to violate a protection order (18 U.S.C. §§ 2261 and 2262). A protective order issued in one state must be enforced in every other (18 U.S.C. § 2265). The criminal case and any civil protective order proceeding are separate cases with separate hearings, and what is said in one can be used in the other.

Where this comes from

When people hire a lawyer for this

Anyone charged should speak to a criminal defense lawyer before the first court date, and should obey any no-contact order exactly, even if the other person wants contact. A plea to even a minor misdemeanor can carry a permanent federal firearms ban and, for a noncitizen, deportation, so those consequences should be weighed before any plea. Anyone who is being harmed can contact local law enforcement or a domestic violence program, and can ask a court for a protective order without hiring a lawyer.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find Domestic Violence law firms in your state

Choose your state to see Domestic Violence law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Criminal Defense” has no Domestic Violence listing yet and opens the broader page.

• Alabama (Birmingham)
  +1 other city

  • Montgomery
• Alaska (Anchorage)
• Arizona (Chandler)
  +6 other cities

  • Gilbert
  • Glendale
  • Mesa
  • Phoenix
  • Scottsdale
  • Tucson
• Arkansas (Little Rock)
• California (Bakersfield)
  +19 other cities

  • Anaheim
  • Chula Vista
  • Fontana
  • Fremont
  • Long Beach
  • Los Angeles
  • Oakland
  • Oxnard
  • Riverside
  • Sacramento
  • San Bernardino
  • San Diego
  • and 7 more with fewer listed firms
• Colorado (Colorado Springs)
  +2 other cities

  • Aurora
  • Denver
• Connecticut (Bridgeport)
• Delaware (Wilmington)
• District of Columbia (Washington)
• Florida (Jacksonville)
  +5 other cities

  • Hialeah
  • Miami
  • Orlando
  • St Petersburg
  • Tampa
• Georgia (Atlanta)
• Hawaii (Honolulu)
• Idaho (Boise)
• Illinois (Chicago)
• Indiana (Fort Wayne)
  +1 other city

  • Indianapolis
• Iowa (Des Moines)
• Kansas (Wichita)
• Kentucky (Lexington)
  +1 other city

  • Louisville
• Louisiana (Baton Rouge)
  +1 other city

  • New Orleans
• Maine (Portland)
• Maryland (Baltimore)
• Massachusetts (Boston)
• Michigan (Detroit)
• Minnesota (Minneapolis)
  +1 other city

  • Saint Paul
• Mississippi (Jackson)
• Missouri (St. Louis)
  +1 other city

  • Kansas City
• Montana (Billings, Criminal Defense)
• Nebraska (Lincoln)
  +1 other city

  • Omaha
• Nevada (Henderson)
  +3 other cities

  • Las Vegas
  • North Las Vegas
  • Reno
• New Hampshire (Manchester)
• New Jersey (Newark)
  +1 other city

  • Jersey City
• New Mexico (Albuquerque)
• New York (New York City)
  +2 other cities

  • Buffalo
  • Rochester
• North Carolina (Charlotte)
  +5 other cities

  • Durham
  • Fayetteville
  • Greensboro
  • Raleigh
  • Winston-Salem
• North Dakota (Fargo, Criminal Defense)
• Ohio (Cincinnati)
  +4 other cities

  • Cleveland
  • Columbus
  • Dayton
  • Toledo
• Oklahoma (Oklahoma City)
  +1 other city

  • Tulsa
• Oregon (Portland)
• Pennsylvania (Philadelphia)
  +1 other city

  • Pittsburgh
• Rhode Island (Providence)
• South Carolina (Columbia)
• South Dakota (Sioux Falls, Criminal Defense)
• Tennessee (Nashville)
  +1 other city

  • Memphis
• Texas (Houston)
  +12 other cities

  • Arlington
  • Austin
  • Corpus Christi
  • Dallas
  • El Paso
  • Fort Worth
  • Garland
  • Irving
  • Laredo
  • Lubbock
  • Plano
  • San Antonio
• Utah (Salt Lake City)
• Vermont (Burlington)
• Virginia (Chesapeake)
  +3 other cities

  • Norfolk
  • Richmond
  • Virginia Beach
• Washington (Spokane)
  +2 other cities

  • Seattle
  • Tacoma
• West Virginia (Charleston)
• Wisconsin (Madison)
  +1 other city

  • Milwaukee
• Wyoming (Cheyenne, Criminal Defense)

Related terms

Other entries in the same area of law, each written from the same primary sources.

• ArraignmentThe first court appearance in a criminal case, where the charges are read and a plea is entered.
• Bail and Pretrial ReleaseThe decision about whether someone stays in custody while their case is pending - which is about appearance and safety, not about guilt.
• Bench Warrant and Failure to AppearThe arrest warrant a judge issues from the bench when a defendant misses a court date or violates a court order - what it authorizes, the separate failure-to-appear charge and bond forfeiture that often follow, and how a person clears one by surrendering on their own terms rather than being picked up.
• Criminal RestitutionThe order, entered at sentencing, requiring a defendant to repay the victim's losses caused by the offense - what losses it covers, how it differs from a fine and from a civil judgment, the payment schedule and enforcement, and why it survives bankruptcy and the end of the sentence.
• Criminal Traffic Offenses (Reckless Driving, Suspended License, Hit and Run)The driving offenses that are crimes rather than tickets, which carry a criminal record, possible jail and license consequences, and so are defended like any other criminal charge.
• Double JeopardyThe constitutional bar on being tried twice for the same offense after an acquittal or conviction, or punished twice for it - when jeopardy attaches, what counts as the "same offense", the mistrial and appeal exceptions, and why a state and the federal government may each prosecute the same act.
• Drug Crime Charges (Possession and Distribution)How drug charges are structured: possession versus intent to distribute, drug schedules and quantity, state versus federal prosecution, and the search questions that often decide the case.
• Expungement and Record SealingCourt processes that erase or restrict access to a criminal record, available only in defined circumstances that vary by state.
• Federal Criminal Charges (Federal vs State Prosecution)How a federal criminal case differs from a state one: the grand jury indictment, pretrial release, advisory sentencing guidelines, and the possibility of being charged by both.
• Felony and MisdemeanorThe basic division of criminal offenses by seriousness - which drives the procedure, the possible sentence, and the consequences that outlast it.
• Grand Jury and IndictmentA closed proceeding in which citizens decide whether there is enough evidence to charge someone - not whether they are guilty.
• Miranda RightsThe warning police must give before questioning someone in custody - and the reason a missing warning suppresses a statement rather than ending a case.
• Motion to Suppress (Exclusionary Rule)The pretrial request to keep evidence out of a criminal trial because it was obtained in violation of the Constitution - an unlawful search, an involuntary or un-warned confession, a suggestive identification - the hearing it triggers, the "fruit of the poisonous tree" rule, and the exceptions that let evidence in anyway.
• Plea BargainAn agreement resolving a criminal case by guilty plea, usually in exchange for reduced charges or a sentencing concession.
• Preliminary HearingAn early court hearing at which a judge decides whether there is enough evidence for a case to proceed - the defense's first real look at it.
• Pretrial Diversion and Deferred AdjudicationThe programs that let an eligible defendant avoid a conviction by completing conditions - treatment, classes, community service, restitution - after which the charge is dismissed; the difference between diversion before a plea and deferred adjudication after one, and what each does to the record.
• Probable CauseThe level of justification the Fourth Amendment requires before police may arrest someone or search a place - more than a hunch, and less than proof.
• Probation and Parole ViolationWhat happens when someone under supervision is said to have broken its conditions - a proceeding with fewer protections than the trial that preceded it.
• Right to a Speedy TrialThe constitutional guarantee that a criminal case be brought to trial without unreasonable delay, and the statutes in the federal system and most states that put a clock on it - what starts the clock, what stops it, why a defendant's own motions extend it, and the remedy of dismissal when it runs out.
• Right to Counsel and the Public DefenderThe Sixth Amendment right to a lawyer in a criminal case, including one paid for by the state if the defendant cannot afford one.
• Search WarrantA judge's written authorization to search a specified place for specified things - and the exceptions that let police search without one are broad.
• Self-Defense and JustificationThe defense that a use of force was lawful because it was necessary to protect oneself or another from imminent unlawful force - the reasonableness and proportionality requirements, the duty-to-retreat and stand-your-ground split among the states, the castle doctrine, and who bears the burden once the defense is raised.
• Sentencing and EnhancementsHow a criminal sentence is decided after a plea or verdict - the statutory range, the guidelines or presumptive scheme the jurisdiction uses, the enhancements for prior convictions, weapons, victims and quantities that raise it, the presentence report, and the constitutional rule that any fact raising the maximum must be found by a jury.
• Sex Crime Charges and Sex Offender RegistrationCriminal charges for sexual offenses, which carry consequences beyond the sentence, chiefly sex offender registration under state law and the federal SORNA framework.
• White-Collar Fraud Charges (Mail, Wire and Securities Fraud)Federal fraud crimes built on a scheme to obtain money or property by deception, and the investigation rules that matter before any charge is filed.

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