Changes to the definition of domestic violence questioned

Dear friends and supporters – a recent television news story regarding changes to the definition of Domestic Violence resulted in many questions and concerns directed to The Shelter. In turn, we reached out to the national leadership to respond to this story. The following response is from Rebecca Henry, Deputy Chief Counsel for the Commission on Domestic & Sexual Violence:

In the last week, a viral story has appeared widely social media, suggesting that the Office on Violence Against Women (OVW) at the Department of Justice has changed the definitions of domestic violence and sexual assault they use to administer grants under VAWA. Many people who work in the field have seen these articles and expressed concern about grantees’ ability to continue to serve survivors.

We are writing to assure you that the definitions have not changed.

The various articles all note that OVW changed the descriptions of DV and SA on their website, which is accurate. Prior to April 2018, along with resources and hotline information, the website included some more detailed, advocacy-based descriptions of domestic violence, sexual assault, dating violence, and stalking for the general public. When OVW launched an update of its website in April 2018, those broader advocacy-based descriptions were removed, and replaced with the current statutory definitions in VAWA.

The current federal definitions of DV and SA are essentially the same ones that were in the original VAWA of 1994. For as long as the Department of Justice has been making VAWA grants, grantees (and OVW) have been constrained by these statutory definitions. They are not new. VAWA was originally part of an omnibus crimes bill, and it was steeped in a particularly criminal-focused legal response. Advocates have been working for years to update and improve the definitions, and in particular, to include a DV definition that is both reflective of the lived experience of survivors, and based on current research and best practice.

As VAWA Reauthorization is considered this year by the Congress, the definitions will again be a important part of the debate. As always, OVW will continue to be bound by the language of the statute (34 U.S.C. 12991), which can only be amended by Congress.

Please help us spread the word by forwarding this message to your colleagues and community partners, and by countering any rumors you may see on social media.

Thanks, as always, for your dedication to this work!

Rebecca Henry
Deputy Chief Counsel
Commission on Domestic & Sexual Violence
American Bar Association