Domestic Violence as Familial Abuse

by Todd Rodes and Kelly Glenn

Domestic violence is most often thought of as violence between spouses or intimate partners; however, it actually includes a variety of familial relationships.

While each state has their own criteria and definition for what a “family” or household member” is under their domestic violence statutes, common examples of those relationships can be divided into two major categories: 

1. family or household members that do not require that the victim live in the same home when the violence occurs, and 
2. family or household members who must reside in the same home when the violence occurs.

Commonly, when a victim is abused by the following persons, it does NOT require that the victim live in the same home with the abuser for domestic violence statutes to apply:

• parents
• stepparents
• children
• stepchildren
• brothers/sisters
• half-brothers/half-sisters
• grandparents
• grandchildren

This means that when the above listed family members, regardless of whether or not they reside together, gather and an incident of physical abuse occurs, that assault and battery will be charged as a domestic assault and battery, as opposed to a general assault and battery. 

Courts are very specific in regard to jurisdiction. These cases will be heard in a family court, sometimes called a Juvenile and Domestic Relations Court, instead of a General District Court, and in many states, a different type of protective order is available to victims abused by these family or household members than by non-family or non-household members.

A family or household member who must reside in the same residence as the victim at the time of the abuse for the incident to be charged as domestic violence typically includes people who are related by marriage, such as a :

• mother-in-law
• father-in-law
• son-in-law/daughter-in-law
• brother-in-law/sisters-in-law 

When violence occurs between a victim and one of the above listed relatives and they do NOT reside together, it is usually considered a general assault and battery. (Again, each state varies by definition, and victims should contact a personal attorney, local prosecutor’s office, or a victim advocate for an accurate and up to date definition.)

STATISTICS

Statistics on domestic violence that is NOT defined as assault and battery between spouses or intimate partners are less available, as fewer studies have been conducted on violence between other familial relationships. While there may be many reasons for this, a few of them could include:

• With less domestic violence related fatalities occurring between other types of familial relationships, funding resources for studies are often funneled toward gleaning data about domestic violence related fatalities between spouses and intimate partners, where it can be used to implement preventative strategies and resources that lead to the highest reduction in domestic violence fatalities overall.
• Domestic violence between siblings can be mistaken as “normal sibling rivalry,” when in reality, assault and battery between siblings can escalate into domestic violence as adults and even condition children to view violence between loved ones as acceptable in other relationships, as well. 
  • Example: “Uncle Jim and Uncle Gary usually end up in a fist fight after a poker game. It’s been that way ever since I can remember.” 
• Domestic violence between a parent and a minor child or step-child can sometimes be misidentified as discipline, and even when it is accurately categorized as abuse, it typically falls under the label of “child abuse,” which is a sub-category of domestic violence.
• Domestic violence between a parent and an adult child or step-child can sometimes be viewed by either party, or even by outside observers, as a simple continuation of family discipline beyond childhood or even as a norm for that family dynamic. 
  • Example: “It wouldn’t be Thanksgiving if Grandma didn’t backhand one of her kids by the end of the meal.” 

SERVICES

Despite the lack of studies and data on domestic violence between people who are not spouses or intimate partners, all victims of violence regardless of age, sex, race, or relationship between the parties,  are entitled to the same services and treatment.  Unfortunately, sometimes a victim’s perceptions of the violence they experience and how they define it may hinder their willingness to seek help, as some victims who are conditioned to it may view familial abuse as normal.

While familial abuse may be the norm for some people, it doesn’t have to be.

Victim Advocates, whether they are community advocates who specialize in domestic violence or Victim/Witness Advocates who work within the criminal justice system, help victims of violence find services, regardless of familial status between involved parties.  Some of those free services include assisting the victim with:

• obtaining an order of protection;
• finding alternative living arrangements;
• applying for financial assistance, such as emergency utility bill payments or food banks;
• conveying the seriousness of their situation through completing a lethality assessment; and
• making referrals to mental health services, addiction recovery programs, and/or support groups for the victim and/or children.

Regardless of the specific elements each state requires to meet the definition of domestic violence, the offender’s exploitive tactics to maintain control of their victim are similar, which is why it is important for all victims of violence to feel empowered by the system, rather than worry about jurisdictions or definitions.  Victims need to feel confident that justice will be swift and that they will receive appropriate services while on the road to recovery.

To review another resource on domestic violence as familial violence, check out Behind Closed Doors: Violence in the American Family below. As an Amazon Associate Criminal Justice Know How earns from qualifying purchases.

Suggested Citation for this Article

Glenn, K.M. & Rodes, T.A., Criminal Justice Know How, LLC, December 2020, Domestic Violence as Familial Abuse, https://criminaljusticeknowhow.com/domestic-violence-as-familial-abuse/

Other Citations

IRESEARCHNET, Sibling Abuse, http://criminal-justice.iresearchnet.com/crime/domestic-violence/sibling-abuse/

Straus, Murray, Richard Gelles, and Suzanne Steinmetz. Behind Closed Doors: Violence in the American Family. New York: Doubleday, 1980