Poster #57 - A State-by-State Review of Domestic Violence Sentencing Statutes Across the United States

• In Event: Poster Session I (posters 1 - 79)

Abstract

Domestic violence (DV) laws in the United States have grown substantially, but there is still limited understanding of how state statutes define and address these offenses. This study analyzes DV legislation across all 50 states and the District of Columbia, focusing on definitions, penalties, protective order violations, survivor-related defenses, second-look sentencing, and mandated intervention programs. Using doctrinal legal and qualitative content analysis, the research systematically reviews state statutes to examine how relationships and abuse are defined, how offenses are categorized, and how penalties are applied. The findings show significant variation among states. Most jurisdictions treat domestic violence as a misdemeanor, with felony charges applied for repeat offenses, while some classify all DV crimes as felonies. Violations of protective orders are broadly criminalized, though penalties differ widely. Provisions supporting survivors who become defendants are uncommon, with only a few states offering specific legal defenses or sentencing relief. Additionally, states vary in requiring or offering batterer intervention and prevention programs. Overall, the study highlights a fragmented legal landscape. While punitive measures are common, survivor-centered protections and rehabilitative approaches are inconsistently implemented, raising concerns about legal consistency and alignment with modern understandings of domestic violence.

Authors

• Gabriel Alvarez, University of California, Irvine

• Disni Perera, University of California, Irvine

• Stuti Kokkalera, Sam Houston State University