Civil Protection from Domestic Abuse: States Fail to Protect the Unmarried

Domestic violence continues to be a leading cause of public health and safety concern. In the United States, it is estimated that over one million women are victims of domestic violence injuries each year. While we traditionally think of domestic violence involving the abuse of a wife by a husband, in many relationships the couple is not even married.

In some states, the protections of domestic abuse permit women to obtain restraining orders or other forms of civil protection. Unfortunately, there are some states, such as New York, which do not expand those civil protections to couples outside of those who are married with children.

For example, a single woman without a child, victimized by domestic violence, is not afforded the same degree of civil protection under Article 8 of the New York Family Court Act. This is an alarming concern as many female victims of domestic violence, even those who are married, often report the domestic abuse began and can be traced back to early dating periods.

Because marriage is the legal bond which provides for a permanency to a relationship, states like New York often limit the civil protections of domestic abuse to those who have taken this step in their relationship. In the 21^st century, with many couples choosing to never marry and, instead, cohabitating, this risk or lack of protection has become quite disconcerting.

This is not to say that every couple who lives together is not afforded some protection against domestic violence under state law. To create this protection, many state laws stipulate that unmarried couples are provided civil protection against domestic abuse when there is a child involved or produced from the relationship. However, if a woman is unmarried and pregnant, this protection does not apply.

Another area of concern involves the risk for domestic abuse among same-sex couples. Again, because many state laws do not afford civil protection, in family court, against same-sex couples, protection against domestic violence in these situations is often not granted.

Whether you are married, cohabitating, procreating or simply dating, it is important to understand what your state's current laws are with regard to civil protection in the event of domestic violence. While we all want to believe that we will never become victims to this type of abuse, the risk is very real and can impact our safety and health, especially when law enforcement and court protection is not granted. While standard assault and battery applies in most states, to obtain a restraining order or civil protection against domestic violence, many states are very restrictive providing only protection to those couples who are legally married and have children together.