Domestic Violence Is A Felony Or Misdemeanor Committed By Whom

Domestic Violence: A Felony or Misdemeanor Crime Typically Committed by Intimate Partners

Domestic violence, sometimes called intimate partner violence, refers to a pattern of abusive behavior used by one partner to gain or maintain power and control over another in an intimate relationship. It can take many forms, including physical, sexual, emotional, economic and psychological abuse.

Domestic Violence is Usually Charged as a Misdemeanor Crime

Most domestic violence crimes are charged as misdemeanors, even if the abuse involves physical violence or threats. Some common domestic violence misdemeanors include:

• Simple assault or battery
• Violation of a protective order
• Stalking
• Criminal damage to property

These charges often carry maximum jail sentences of under a year and fines of a few thousand dollars or less (see domestic violence misdemeanor charges).
However, domestic violence can also be charged as a felony in more serious cases.

When Domestic Violence Becomes a Felony

Prosecutors typically charge domestic abusers with felonies when the abuse:

• Involves a deadly weapon
• Results in serious bodily injury
• Isn’t the first domestic violence offense

Some examples of domestic violence felonies include:

• Aggravated assault
• Battery with a deadly weapon
• Strangulation

These violent felony charges often carry sentences of over a year in prison. Other domestic violence felonies don’t require violence, including violating a restraining order and stalking (see domestic violence felonies).

Who Commits Most Domestic Violence?

While domestic violence can occur in any relationship, the overwhelming majority of domestic violence abusers are men attacking their female partners.
For example, around 90-95% of victims reporting domestic violence to law enforcement are women. Men also commit over 85% of all legal interventions related to domestic violence.

Why Do Men Commit More Domestic Violence?

There are several reasons why domestic violence offenders are more likely to be male, including:

• Social norms around male dominance in relationships
• Belief in strict gender roles
• Desire for power and control

However, women can also be domestic abusers. Up to 40% of domestic violence victims reporting to studies are men.

Female Domestic Violence Offenders

Just like men, women commit domestic violence due to a need for control. Contributing factors can include:

• Childhood trauma
• Mental illness
• Substance abuse disorders

Women are more likely to commit psychological aggression like name-calling or insults. When physical, they often use weapons to compensate for lack of physical strength compared to men.

What Defenses Work Against Domestic Violence Charges?

When facing domestic violence charges, some of the most common criminal defenses include:
Self-Defense
If the alleged victim was the primary aggressor and the defendant used reasonable force to protect themselves, self-defense may apply. There’s no duty to retreat from violence in the home.
False Accusations
When no abuse occurred, the defendant can challenge the credibility of the accuser and raise doubts about their motives. However, these cases often boil down to “he said, she said.”
Mental Health
If mental illness contributed to violence, defenses like insanity or diminished capacity could potentially apply in some states.
Working with an experienced local domestic violence lawyer is critical for choosing the best defense (see defenses to domestic violence charges).

What Happens If You’re Convicted?

Penalties for domestic violence convictions depend on the charges and criminal history but may include:

• Fines
• Probation
• Jail or prison time
• Counseling or rehabilitation
• Loss of gun rights
• Protective orders

Judges also consider factors like alcohol/drug abuse and mental health issues when sentencing.

Long-Term Consequences

Beyond the immediate sentencing penalties, those convicted of domestic violence face barriers to jobs, housing, financial aid for school, and more. Immigration status can also be impacted.
Some states enforce a presumption against awarding child custody to an abusive parent to protect children.

The Cycle of Violence in Domestic Abuse

Domestic violence often follows a cycle consisting of three phases:
Tension Building – The abuser starts to get angry, tension grows in the relationship
Explosion – The abuser lashes out with violent words and/or actions
Honeymoon – The abuser apologizes, gives gifts and promises to change
This cycle repeats over and over, with the honeymoon phase getting shorter and shorter. Victims may be so worn down physically and emotionally they see no way out.
Understanding this pattern is critical for victims, law enforcement, prosecutors and judges in domestic violence cases.

Breaking the Cycle of Violence

Escaping domestic abuse requires help from supportive friends/family, domestic violence resources like crisis hotlines and shelters, medical care, legal protections and counseling.
With support, victims can regain their self-worth, get back on their feet financially, fight for child custody if needed and begin healing emotionally. Perpetrators must also take accountability and commit to meaningful behavior changes over the long-term.