Violence Against Women Act

San Jose Family Lawyer

In 1994 the United States Congress passed and signed into law the Violence Against Women Act. The final bill was a compromise between two pieces of legislation that had been previously introduced by Rep. Pat Schroeder, D-Co, and by Sen. Joe Biden, D-DE.

What the Law Established

The law established new penalties for gender-related violence and new grants programs encouraging states to address domestic violence and sexual assault. VAWA funded grants to encourage arrest, fund battered women’s shelters, support the National Domestic Violence Hotline, as well as rural domestic violence and child abuse enforcement grants.

Defining Domestic Violence

As per the definition of the VAWA, a domestic violence misdemeanor is one in which someone is convicted for a crime “committed by an intimate partner, parent, or guardian of the victim that required the use or attempted use of physical force or the threatened use of a deadly weapon.” A spouse, former spouse, a person who shares a child in common with the victim, or a person who cohabits or has cohabited with the victim all fall under the title of intimate partner.

Changes in the VAWA

The provisions of the VAWA also allowed victims of domestic violence to sue for damages in civil court. Unfortunately, this was overturned by the U.S. Supreme Court in 2000, in which the court held that Congress did not have the authority to implement such a law.

Speak with a San Jose Family Lawyer

If you have been the victim of domestic abuse and are facing a divorce, you need an attorney who understands your situation and will stand by your side and stand up for your rights. Contact San Jose family lawyer Daniel Jensen at 408-296-4100.