Virginia Federal Domestic Violence Laws

The Violence Against Women Act (VAWA) is a law that was put into place to help women who are particularly vulnerable to certain types of violence that have been historically against women. These include but are not limited to domestic violence, sexual assault, stalking, dating violence, or any of these types of relationship-related violence. If this is a situation that applies to you, talk with a skilled lawyer today to learn more about Virginia federal domestic violence law. Such an attorney will be well equipped to help you know your rights and build a case.

Who is Protected Under VAWA

VAWA is extremely expansive. It is called the Violence Against Women Act but it applies to more than women. In some cases, the alleged victim is a man. It could be a gender-related crime that is a civil offense rather than criminal. One of the things that Virginia federal domestic violence law did was allow certain victims to seek civil rights remedies if the crime is gender-related.

For example, a battered immigrant can seek certain types of relief under VAWA. The legislation can help bring about, for example, the acquisition of a U-VISA for victims of domestic violence who report on their abuser.

Virginia federal domestic violence laws are designed to help put smaller things into place in various areas especially including reporting, funding, and that thing. There is more reporting involved because of some of the laws that have been put in place because of VAWA.

Overall, the legislation is not limited to domestic violence, although that and sexual assault are two of the most common scenarios.

Federal vs State Jurisdiction

Federal law would apply in a domestic violence case rather than Virginia law if it occurred on federal land, if it was a situation that involved multiple states or multiple jurisdictions, or if it was involving certain types of non-US citizens.

There are various times when federal law would come in and preempt the Virginia law. The most common of these is when the alleged behavior has taken place across state lines, such as sex trafficking or something similar, or if it is committed on federal property.

VAWA is often not limited to domestic violence. Rather, Virginia federal domestic violence law expands domestic violence precautions and the severity of certain domestic violence laws. VAWA can apply to cases that are not technically domestic. In other words, it can still cover people who do not live together when there is an event like rape involved.

Additionally, if an individual is on a tribal land, the law has more prosecutorial discretion for outsiders coming in and committing some domestic violence acts on tribal land, whereas in the past and before VAWA, it was only specifically tribal members that could be the defendant from those types of cases. Virginia federal domestic violence laws extend the power of the federal government to enforce domestic violence-related laws in the United States.

Why Contact an Attorney

Somebody who is accused of domestic violence under VAWA should contact a domestic violence lawyer because it is an extremely strict area of the law. It makes everything a little bit harsher for an individual. In general, there is more legal assistance to people who are the accusers in this situation. Therefore, anyone who is facing charges ought to reach out to an experienced lawyer in the area to help build the strongest defense possible.