Violence Against Women Act (VAWA)

The Violence Against Women Act (VAWA, 1994) — reauthorized in 2000, 2005, 2013, and most recently in 2022 — is the primary federal framework for addressing domestic violence, sexual assault, dating violence, and stalking. Administered by the Office on Violence Against Women (OVW) in the Justice Department, VAWA funds approximately $1 billion+ annually in grant programs to states, tribes, and localities for victim services, law enforcement training, prosecution support, legal assistance, and transitional housing. Key structural contributions: VAWA created federal criminal offenses for interstate domestic violence (18 U.S.C. § 2261), required states to give full faith and credit to protective orders from other jurisdictions, and established the National Domestic Violence Hotline (1-800-799-SAFE), which handles hundreds of thousands of contacts per year. VAWA 2022 made significant expansions: extended tribal jurisdiction to allow tribal courts to prosecute non-Indians for domestic violence, sexual violence, and sex trafficking on tribal lands; added housing protections barring landlords from evicting domestic violence survivors; explicitly extended protections to LGBTQ+ survivors; and created the VAWA courts program to fund specialized domestic violence courts. VAWA's immigration protections — allowing undocumented victims of domestic violence to self-petition for legal status without relying on an abusive sponsor — are among the law's most important and least-publicized provisions, shielding some of the most vulnerable victims from deportation-based coercion.

Current Law (2026)

Legal Authority

• 34 U.S.C. § 10441 — STOP grants (formula grants to states to develop and strengthen law enforcement and prosecution strategies to combat violent crimes against women; requires states to allocate funds to law enforcement, prosecution, victim services, and courts)
• 34 U.S.C. § 12291 — Definitions and grant provisions (defines domestic violence, dating violence, sexual assault, and stalking; establishes requirements for VAWA grant recipients including nondiscrimination provisions)
• 34 U.S.C. § 12491 — Housing protections (tenants and applicants cannot be denied housing, evicted, or terminated from housing assistance based on being a victim of domestic violence, dating violence, sexual assault, or stalking; applies to public housing, Section 8, and other federally subsidized housing)
• 18 U.S.C. § 2261-2266 — Federal domestic violence and stalking offenses (federal crimes for crossing state lines with intent to commit domestic violence, violating protection orders, stalking; enhanced penalties for repeat offenders)
• 25 U.S.C. § 1304 — Tribal jurisdiction over covered crimes (recognizes tribal court criminal jurisdiction over non-Indians who commit domestic violence, dating violence, sexual assault, child violence, stalking, sex trafficking, or obstruction of justice in Indian country — expanded in 2022 reauthorization)

How It Works

VAWA transformed the American legal response to domestic violence, sexual assault, and stalking — elevating what had been treated as a private family matter into a federal priority with dedicated funding, criminal provisions, and victim protections.

VAWA's most tangible impact is its grant programs. STOP grants (34 U.S.C. § 10441) — the largest program — provide formula funding to every state for law enforcement training, prosecution units, victim services, and court improvements. Legal Assistance for Victims grants fund free legal representation for victims seeking protection orders, custody, and immigration relief; Transitional Housing grants help victims move from emergency shelters to stable housing; Campus grants fund sexual assault prevention programs at colleges. The National Domestic Violence Hotline (1-800-799-7233), funded by VAWA, handles over 500,000 contacts per year. On the criminal side, VAWA created federal offenses for crossing state lines with intent to commit domestic violence or violate a protection order (18 U.S.C. §§ 2261–2262) — carrying up to life imprisonment if the victim dies — and required states to give full faith and credit to protection orders issued by other states, making a valid protection order enforceable in all 50 states.

VAWA also addresses the tools abusers use beyond physical violence. The VAWA self-petition allows abused spouses and children of U.S. citizens or lawful permanent residents to petition for immigration status independently — without the abuser's knowledge or cooperation — because abusers frequently weaponize immigration status as a control mechanism; U-visas and T-visas provide additional relief for crime and trafficking victims who cooperate with law enforcement. Housing protections (34 U.S.C. § 12491) bar federally subsidized housing providers from denying admission, evicting, or terminating assistance based on domestic violence, sexual assault, or stalking status — applying to public housing, Section 8 vouchers, LIHTC properties, and other federally assisted housing — and require housing authorities to keep victim documentation confidential and allow emergency unit transfers for safety. The 2013 and 2022 reauthorizations restored tribal criminal jurisdiction over non-Indians committing covered crimes on tribal lands (25 U.S.C. § 1304), filling a gap where non-Indian perpetrators on reservations had previously been immune from tribal prosecution; the 2022 expansion added sexual assault, child violence, stalking, sex trafficking, and obstruction of justice to the original domestic and dating violence categories.

How It Affects You

State Variations

Implementing Regulations

• 28 CFR Part 90 — Violence Against Women Act Grant Programs (41 sections — DOJ Office on Violence Against Women (OVW) implementing regulations covering the STOP Violence Against Women Formula Grant Program, tribal reimbursement, and the Arrest and Prosecution Program):

  STOP Program (§§ 90.10–90.25):

  • § 90.10 — STOP program purposes: STOP (Services-Training-Officers-Prosecutors) grants fund a coordinated community response to domestic violence, sexual assault, dating violence, and stalking; funds may be used for victim services, law enforcement training and personnel, prosecution, courts, training, and prevention education
  • § 90.11 — State administration: each participating state must designate a State Administrative Office (SAO) to administer STOP funds; the SAO submits a statewide implementation plan describing goals, fund distribution, and coordination among law enforcement, prosecution, courts, and victim services; the plan must reflect meaningful consultation with tribal governments within the state
  • § 90.13 — Forensic medical examination payment: to be eligible for STOP funds, states must certify that their laws, policies, or practices ensure that victims of sexual assault are not required to pay for forensic medical examinations (rape kit exams); this prohibition is an eligibility condition — states that allow victim charges for rape kits are ineligible for STOP funding; this provision has been one of VAWA's most directly impactful mandates on state criminal justice practices
  • § 90.15 — No charging victims for criminal charges or protection orders: states must certify that their laws, policies, or practices do not allow law enforcement or prosecutors to charge victims for the costs of filing criminal charges, protection orders, or other legal remedies related to domestic violence, dating violence, sexual assault, or stalking
  • § 90.16 — Polygraph testing prohibition: states must certify that they do not require victims of sexual assault to submit to a polygraph examination as a condition of proceeding with investigation, prosecution, or access to services; law enforcement agencies that routinely polygraph victims as a screening step are ineligible to receive STOP subgrants
  • § 90.17 — Subgranting: STOP funds flow from the state to local subgrantees — law enforcement agencies, prosecution offices, courts, victim service programs, and legal services organizations; subgrants must be distributed so that a minimum of 25% goes to victim services, 25% to law enforcement, 25% to prosecution/courts, and 5% to courts specifically; the remaining 20% may be distributed at the state's discretion among these categories or to underserved populations
  • § 90.18 — Matching funds: states must contribute a 25% non-federal match for STOP grant funds; victim service programs may satisfy the match requirement through in-kind contributions (volunteer services, donated space, donated supplies), not only cash
  • § 90.24 — Prohibition on victim-compromising activities: STOP-funded programs may not implement practices that compromise victim safety or recovery — this prohibition specifically bars mandatory arrest policies that treat victims as perpetrators, mandatory reporting requirements that override victim confidentiality, and any practice that requires victims to actively participate in prosecution as a condition of receiving services

  Tribal Reimbursement Program (§§ 90.30–90.43):

  • §§ 90.31–90.36 — Tribal governments that exercise Special Tribal Criminal Jurisdiction (STCJ) over non-Indians who commit domestic violence within the tribe's territory (authorized by VAWA 2013) may apply for reimbursement of the expenses of exercising that jurisdiction; eligible expenses include prosecution costs, indigent defense costs, incarceration costs, and victim services; reimbursement is capped at an annual maximum per tribe and requires documentation of actual expenses; OVW sets aside up to 40% of tribal program funds for this reimbursement program

  Arrest and Prosecution Program (§§ 90.60–90.67):

  • §§ 90.62–90.64 — Purpose and eligibility: competitive grants to state, local, and tribal governments to implement or improve pro-arrest policies and evidence-based prosecution policies in cases of domestic violence, dating violence, sexual assault, and stalking; grantees must certify that their jurisdiction has implemented (or will implement) pro-arrest policies; states that require victims to "sign a complaint" before police can arrest (optional-arrest policies) are ineligible unless they are transitioning away from the policy; grantees must notify victims of case status within 72 hours of arrest as a condition of funding

• 24 CFR Part 5 — HUD VAWA housing protections (§ 5.2001 et seq. — protections for victims of domestic violence, dating violence, sexual assault, and stalking in HUD-assisted housing)

• 45 CFR Part 1370 — Family Violence Prevention and Services Programs (ACF/HHS): the implementing regulations for the Family Violence Prevention and Services Act (FVPSA, 42 U.S.C. § 10401), which is the primary federal grant program dedicated exclusively to domestic violence shelter and services — distinct from VAWA's criminal justice focus:

  • § 1370.1 — Program purposes: FVPSA funds the establishment, maintenance, and expansion of emergency shelter, supportive services, and related assistance for victims of family violence, domestic violence, and dating violence and their dependents; the statute also funds the National Domestic Violence Hotline and state domestic violence coalitions
  • § 1370.2 — Definitions: defines "dating violence," "domestic violence," "family violence," "shelter," and "supportive services" in alignment with VAWA definitions; the definition of "victim" does not require police involvement or court orders — access to FVPSA-funded shelters is not conditioned on the victim having reported to law enforcement
  • § 1370.4 — Confidentiality requirements: FVPSA-funded programs may not disclose personally identifying information about any person who seeks services without informed, written, reasonably time-limited consent; programs may not disclose location of shelters, safe houses, or individuals served to law enforcement, courts, child protective services, or any third party without consent — a stronger privacy protection than many VAWA grant programs; violating confidentiality is grounds for loss of funding
  • § 1370.5 — Nondiscrimination: FVPSA-funded programs may not discriminate on the basis of sex including gender identity; this requires federally funded domestic violence shelters to serve transgender women — a policy that has been contested in some states
  • § 1370.10 — State and tribal grant requirements: state grants must prioritize support for emergency shelter, support services, and related assistance; at least 70% of state allocation must be subgranted to local domestic violence programs; states and tribes must ensure services are accessible to underserved populations including rural communities, racial and ethnic minorities, and immigrants; Indian tribes receive a separate tribal allocation (not less than 10% of total FVPSA funding)
  • § 1370.20 — State domestic violence coalitions: each state must have a recognized state domestic violence coalition to receive FVPSA coalition funds; coalitions provide training and technical assistance to member programs, coordinate with state agencies, and monitor FVPSA implementation in the state; coalition funding is separate from the state grant
  • § 1370.30 — National Resource Centers and technical assistance: ACF funds National Resource Centers that provide training and technical assistance to domestic violence programs nationwide; currently this includes the National Domestic Violence Hotline (funded separately under § 1370.32) and specialized resource centers on children exposed to violence, LGBTQ survivors, survivors with disabilities, and culturally specific communities
  • § 1370.32 — National Domestic Violence Hotline grants: funds one or more private entities to operate a 24-hour, bilingual national hotline that provides information and referrals to local domestic violence resources; the Hotline (1-800-799-7233 / thehotline.org) is the primary federally funded crisis intervention resource for domestic violence victims nationally

  FVPSA and VAWA are complementary but distinct: VAWA focuses primarily on criminal justice system responses and housing protections, while FVPSA focuses on the shelter and services infrastructure that allows victims to leave dangerous situations safely. FVPSA funding flows through ACF's Family Violence Prevention and Services Program; VAWA grant funding flows through DOJ's Office on Violence Against Women. Both programs are typically reauthorized together in VAWA legislation. FVPSA's strict confidentiality requirements — barring disclosure of shelter locations and victim identities without consent — are specifically designed to protect victims from abusers who would use shelter databases to track them.

Pending Legislation

• HR 5700 (Rep. Sykes, D-OH) — Allow VAWA-covered housing survivors to end leases early without fees. Status: Introduced.
• HR 5594 (Rep. McDonald Rivet, D-MI) — Add identity theft to VAWA cybercrime grants. Status: Introduced.
• S 158 (Sen. Blackburn, R-TN) — Bar/deport noncitizens convicted of sex offenses, DV, stalking, child abuse. Status: Introduced.
• HR 30 (Rep. Mace, R-SC) — Bar entry/permit deportation for noncitizens with sex offenses or DV. Status: Passed House.

Recent Developments

• VAWA was reauthorized in 2022 with expanded tribal jurisdiction, enhanced housing protections, and new provisions addressing technology-facilitated abuse (cyberstalking, nonconsensual pornography)
• The 2022 reauthorization also restored the VAWA nondiscrimination provision, prohibiting discrimination based on sex (including gender identity and sexual orientation) in VAWA-funded programs
• Funding for VAWA programs has increased but advocates argue it remains insufficient to meet demand — many shelters and services report long waitlists
• Technology-facilitated abuse (GPS tracking, spyware, AI-generated images) is an emerging challenge that existing law struggles to address
• Firearms provisions remain politically contested — VAWA's intersection with federal firearms prohibitions for domestic violence misdemeanor convictions and subjects of protection orders continues to be litigated
• Trump DOJ/OVW and DOGE grant disruptions (2025): DOGE-driven budget reductions at the Department of Justice Office on Violence Against Women (OVW) — the agency that administers VAWA's ~$1 billion+ in annual grants — disrupted grant processing in early 2025. Several VAWA grant awards were temporarily paused or placed under review as part of broad DOJ discretionary spending freezes. Victim services organizations, legal aid providers, and transitional housing programs that depend on VAWA grants faced funding uncertainty during the review period. Many grants were ultimately released, but the disruptions caused staffing and service reductions at organizations with thin operating reserves. OVW itself has faced administrative capacity reductions from DOGE-directed staffing cuts.
• VAWA immigration protections under pressure (2025): VAWA's immigration relief provisions — the VAWA self-petition, U-visa, and T-visa — are among the most vulnerable elements of the program under the Trump administration's broad anti-immigration enforcement posture. USCIS processing of VAWA self-petitions and U-visa applications has slowed significantly as USCIS resources have been redirected toward enforcement. The administration has not moved to formally eliminate these programs (which were enacted by Congress), but processing delays — which can stretch to years — effectively reduce accessibility for the most vulnerable applicants. Advocates are monitoring whether USCIS's confidential processing protections for VAWA self-petitions are being maintained. Immigrant domestic violence survivors navigating this system should work with an immigration attorney experienced in VAWA relief.
• LGBTQ+ VAWA protections challenged (2025): The 2022 VAWA reauthorization explicitly extended protections to LGBTQ+ survivors and restored the nondiscrimination provision prohibiting discrimination based on gender identity and sexual orientation in VAWA-funded programs. Trump Executive Order 14168 (January 2025) directed federal agencies to recognize only biological sex in federal programs. The interaction between the VAWA nondiscrimination provision and this executive order is contested — OVW-funded programs that serve transgender domestic violence survivors face legal uncertainty about whether they must comply with the EO or can continue operating under the VAWA nondiscrimination provision. Litigation is ongoing.