While all states have their own domestic violence laws in place, sometimes these cases can result in federal prosecution. The question is, when does domestic violence become a federal crime? This post examines the criteria for what qualifies as a federal charge in a domestic violence case and the potential consequences that come with it.
When Is Domestic Violence a Federal Crime?
In order for a domestic violence case to qualify as a federal charge, it has to meet the criteria of the Violence Against Women Act (VAWA, title IV of the Violent Crime Control and Law Enforcement Act). Some of these include:
- Engaging in a violent act against an intimate partner while crossing state lines.
- Traveling to another state with the purpose of committing domestic violence, and physical harm occurs as a result.
- Crossing state lines intending to stalk another person
- Crossing state lines with the purpose of violating any aspect of a restraining order
- Any domestic violence case that involves a firearm
- Any domestic volence act that occurs on federal property.
The above means that, for example, if a person commits an act of domestic violence while on military property, this will be considered a federal crime. Essentially, any domestic violence case that crosses state lines or occurs on federal property is eligible for federal prosecution.
Keep in mindd that, when talking about, “crossing state lines” the law also refers to the act of crossing international boundaries and entering or leaving Indian reservations.
It’s important to note that federal prosecution doesn’t mean state charges won’t be filed as well. In fact, a domestic violence case can have both state and federal charges depending on the circumstances.
Wrapping It Up
Although domestic violence is punished by all states, it can become a federal crime if the incident meets certain criteria. Domestic violence that entails crossing state lines, involves the use of a firearm, or occurs on federal property falls under federal jurisdiction and can result in severe penalties.
Victims of domestic violence should not hesitate to seek legal assistance and report incidents of domestic violence. With a clear understanding of the criteria that qualify a case as a federal crime, victims and their families can explore all possible options and ensure justice is served.
Disclaimer: This blog post provides general information about domestic abuse. It does not provide legal advice. Victims should consult with a legal professional for advice related to their specific situation.
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We have centers in Riverside, Temecula, Murrieta, and Indio. Contact us and receive the empathetic assistance you deserve.
