Before the 1980s, police generally didn't interfere in domestic disputes and the parties were left to work out their difficulties. Abusers rarely faced any criminal or civil charges, and victims had few legal options and resources.

That抯 not the case anymore. Recent laws, especially the Violence Against Women Act passed in 1994, are aggressive and law enforcement officials are much more involved.

The U.S. Department of Justice says that each year approximately 960,000 incidents of abuse occur against a current or former spouse or partner. But the Commonwealth Fund, a private research center on health and social issues, says it's more like 3.9 million. It's a difficult crime to track because state and local law enforcement agencies don't always report domestic abuse the same way. And many incidents of domestic violence are never reported at all.

The Basics
Domestic violence isn't just physical. It also covers the threats, emotional abuse, harassment and stalking that a spouse, partner or date use to control someone else's behavior. The abuse frequently occurs in predictable patterns as part of a cycle of violence in which the behavior escalates, erupts and then mellows into apologies. It can be directed against anyone, from children to current and former partners, roommates, even parents.

Research reveals that domestic abuse crosses all racial, ethnic, religious and economic lines. It also occurs in same-sex relationships.

Although both men and women can be victims of domestic violence, an estimated 90 percent to 95 percent of domestic violence victims are women, says the Department of Justice. Women who are 16 to 24 are most at risk. Studies also show that women face the greatest danger immediately after they leave an abusive relationship.

Domestic violence is a crime in all 50 states. Most domestic abuse laws are in place at the state and local levels, and there are some federal laws as well.

The Violence Against Women Act makes it a federal crime for a convicted abuser to cross state lines to continue to harass or abuse a spouse or partner, or to violate a restraining order.

It's also a federal crime ?and usually a state crime ?for an abuser who has a restraining order to purchase or possess firearms and ammunition.

Police officers used to avoid arresting anyone involved in a domestic dispute, instead trying to calm down both sides. Neighbors, friends and relatives also used to fear that calling the police would only makes things worse for the victim. However, research shows that arrests can prevent subsequent acts of violence and help more often than not.

That's why many states have enacted laws that give police the right to arrest suspected abusers even if the victim doesn't file charges.

In addition to cooperating with the prosecution of criminal charges, the victim can also file civil charges. Victims of domestic violence are often economically hurt in addition to the physical and emotional battering. And victims aren't the only ones financially impaired. The Bureau of National Affairs says that domestic violence costs employers $3 billion to $5 billion a year.

Getting Help
It's a myth to believe that victims of abuse aren't emotionally strong enough to leave their abusive situations or don't really want to. Most victims do leave or try to leave repeatedly, but are forced back by their partners because of economic reasons, threats or fear for their children's safety, says the American Bar Association Commission on Domestic Violence.

That's why more shelters and legal centers are now available. If you or a friend, relative or neighbor is in danger of domestic abuse, experts suggest planning for emergencies. Set aside money, spare keys, copies of important documents such as passports, bank account information, insurance papers and birth certificates. Leave them with a trusted friend or relative. Learn crisis hotline numbers to call for help and legal advice.

The first legal step against an abuser is to file for a restraining order. If someone is in immediate danger, he or she can get an emergency protective order, also called a temporary restraining order. This prohibits the abuser from making any contact with the victim. The accused abuser is not allowed to come to the victim's home, work, school, etc. To get an emergency protective order, call the local police. Law enforcement officials can usually obtain them after regular court hours.

Temporary restraining orders usually last a few days. To apply for a more permanent one, the person needs to go to court to fill out paperwork. At that time, he or she will need to write an affidavit, describing the incidents of abuse or stalking. The person needs as much identifying information about the accused as possible, such as license-plate number, date of birth, Social Security number and work and home addresses. The court will also ask if this person has a license to own a gun.

Adults and sometimes minors can usually petition for a restraining order without hiring an attorney. And some states, such as New Hampshire, won't even charge a court fee.

What's Next?
A full hearing usually occurs within the next 10 to 14 days. The victim has to testify before the judge, explaining the need for a permanent restraining order. The judge must be convinced by evidence, such as police reports, photographs, medical records and sometimes other witnesses.

The person who the restraining order is filed against must be notified by the court and asked to attend the hearing to present his or her side of the story. However, if the alleged abuser doesn't show up, the court in most states will still grant the restraining order.

State regulations differ but generally restraining orders last anywhere from three months to three years. During the hearing, the judge can also grant child custody and visitation rights, as well as award monetary damages. Since restraining orders are considered a civil matter, the alleged abuser may also be prosecuted in criminal court for charges such as assault and battery.

Once someone gets a restraining order issued, the court or the victim must call the local police department to tell them where the abuser is restricted from going and enter the information into local law enforcement computers. A restraining order issued by any state or Indian tribal government is valid anywhere in the United States.

Restraining orders don't always work, but they're an important legal tool in domestic violence and stalking cases. They give the criminal justice system another means to convict the abuser. Violations of restraining orders are usually considered a criminal offense. Penalties vary by state, but most are considered misdemeanors. Sentences may require counseling, paying for the victim's attorney fees, jail time, community service and fines.

Source: LexisNexis