Help for Domestic Violence Victims: Legal Options
Domestic violence victims can get emergency help by calling 911 and confidential support through the National Domestic Violence Hotline at 1-800-799-7233. Legal options include civil protective orders, criminal charges against the abuser, emergency custody orders, federal housing protections for survivors in assisted housing, immigration relief for non-citizen survivors, and state address confidentiality programs. Advocates can help with each.
Leaving or addressing an abusive relationship is dangerous and complicated. The law offers several tools, and trained advocates can help you use them safely.
Immediate safety
- Call 911 in an emergency.
- Call or text the National Domestic Violence Hotline (1-800-799-7233) or use its online chat for confidential safety planning and local referrals.
- Consider whether your devices or accounts may be monitored.
Civil protective orders
A protective order can bar the abuser from contact, order them out of a shared home, set temporary custody, and require firearm surrender. See how to get a restraining order.
Criminal case
Reporting abuse to police can lead to arrest and prosecution. Victims have rights to notification and to be heard in most states. The prosecutor, not the victim, decides whether to proceed.
Custody and children
Courts consider domestic violence in custody decisions, and many states presume that awarding custody to an abuser is not in the child's best interests. You can ask for emergency custody orders. See how custody is decided.
Housing
- Federal law protects survivors in many federally assisted housing programs from being denied housing or evicted because of the abuse, and allows emergency transfers (34 U.S.C. 12491).
- Many states let survivors break a lease early or change locks.
Immigration
Non-citizen survivors may qualify for a VAWA self-petition if abused by a US citizen or permanent resident spouse or parent, or a U visa as crime victims.
Other protections
- Address confidentiality programs in many states provide a substitute address for public records.
- Workplace leave for court and medical needs in some states.
- Unemployment benefits in many states if you leave a job because of domestic violence.
- Crime victim compensation for medical, counseling and relocation costs.
Financial steps
Open a separate bank account, gather important documents (IDs, birth certificates, financial records) and keep copies with someone safe.
Legal help
Legal aid offices and domestic violence programs often provide free lawyers. A family lawyer can handle protective orders, divorce and custody together.
Sources
Find family lawyers near you
Whether you need help with a divorce, child custody, child support, adoption or a prenuptial agreement, compare local family law attorneys by Google rating, reviews and office hours below.
Family Lawyers by state
Tap your state to see listings by city.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.