Domestic Abuse Prior Criminal Record Statistics by State (2023 Data)

Family violence (FV), intimate partner violence (IPV), and domestic violence (DV) account for nearly half of all violent crimes in the U.S. and many people wonder about the potential for recurring abuse, given domestic abuse prior criminal record statistics around the nation.

Using this type of data is crucial for observing trends and social interaction.

This article outlines the current domestic abuse prior criminal record statistics by each state, using the latest data from reputable sources.

Is Domestic Violence a Crime?

Attitudes towards domestic violence have changed drastically over the years, and before the latter half of the 20th century, domestic violence was not technically illegal.⁷ What about now: is domestic violence a crime?

The Violence Against Women Act (VAWA) of 1994 declared domestic violence a national crime, punishable by law, and the recent Reauthorization Act of 2021 took further steps to protect domestic violence victims.^{4, 40, 42}

The United States Department of Justice defines domestic violence as a pattern of abusive behavior used to wield power and control over an intimate partner, inclusive of physical, sexual, emotional, economic, psychological, and technological abuse.³ The CDC’s National Center for Injury Prevention and Control separates domestic violence into four broad categories: physical violence, sexual violence, threats/intimidation, and psychological/emotional violence.^{18, 43}

Intimate Partner Violence vs. Domestic Violence

Although the terms “intimate partner violence” and “domestic violence” are often used interchangeably, there are a few important distinctions for intimate partner violence vs. domestic violence.

Technically, domestic violence refers to any violence perpetrated by one member of a household against another (e.g. spouse against spouse, parent against child, grandchild against grandparent, etc.) while intimate partner violence refers to violence committed against an intimate partner, whether they share a household or not.¹⁵

Some intimate partner violence examples include:

• Stalking
• Emotional abuse
• Assault and battery
• Rape
• Restricted access to money

Another term which is commonly interchanged is “family violence,” which refers to violence committed against a family member (household or non-household). Though these are all technically distinct, for statistical purposes they are often clumped together.

This article treats these as one domain except when otherwise specified.

Reported and Unreported Family Violence

One area that has been explored more in recent years is the proportion of reported and unreported family violence incidents.

According to National Crime Victimization Survey (NCVS) data published by the Bureau of Justice Statistics (BJS), criminal victimization has gradually declined in recent years with a notable spike during the 2021 pandemic, and domestic violence cases have followed a similar pattern.^{30, 24}

The Bureau of Justice Statistics provides National Crime Victimization Survey information, which is used for various purposes.

Yet, only half of these domestic violence cases are reported to police.²⁷

According to the NCVS data, over half of domestic violence cases go unreported. The following table displays the BJS statistics for reported and unreported domestic violence over the last several years.³⁰

Note that the NCVS is a self-report measure and does not include fatal DV and IPV encounters.²⁴

Rates include all individuals age 12 and above.²⁴
^ Reporting statistics from BJS 2020 publication.³⁴
* Reporting statistics from BJS 2021 publication.²⁴

Family Violence Reported to Police

Of the family violence reported to police, the subset of intimate partner violence victimization has been reported at a slightly higher rate than the broader group of domestic violence victimization (50.7% for IPV compared to 48.9% for DV in 2021). But this still leaves half of all family violence cases unreported.

Some of the most common reasons why a victim may not report domestic violence to the police include:^{10, 12}

• Physical injury
• Social isolation
• Fear of making the situation worse
• Desire to protect children
• Desire to protect suspect
• Lack of faith in police action

Family Violence Recorded by Police

Unfortunately, the rate of family violence recorded by police is even lower than the rate reported. Some estimates indicate that as many as 20% of domestic violence complaints are dismissed over the phone and never result in a police visit or investigation.¹⁰

Additionally, in many cases where family violence is reported by someone other than the victim or the victim themselves and is subsequently investigated by the police, the victim may not cooperate. As many as 1 in 4 domestic violence victims may deny the abuse and contradict the police record.¹²

Domestic Violence in the United States

Domestic violence, intimate partner violence, and other family violence are persisting and pervasive issues across the U.S., and knowledge about domestic violence in the United States is still evolving.

Of 50 facts about domestic violence in the U.S., the following are some of the most disturbing:²

• 24 U.S. residents experience domestic violence each minute
• 30% of female murders in the U.S. are perpetrated by an intimate partner
• Domestic violence in the U.S. is responsible for $5.8 billion in healthcare costs, annually
• 50% of U.S. cities report that domestic violence is the leading cause of homelessness

The National Intimate Partner and Sexual Violence Survey (NISVS) is an ongoing effort to track and record trends in intimate partner violence, sexual violence, and stalking in the U.S. The most recently available NISVS dataset is available in the Centers for Disease Control and Prevention (CDC) 2016/2017 Report on Intimate Partner Violence.^{44, 14}

According to this report, 47% of U.S. women and 44% of U.S. men experience intimate partner violence during their lifetimes and most are first victimized between the ages of 18 and 24 years.¹⁴

Further information can be gathered from the National Crime Victimization Survey (NCVS) and the FBI’s National Incident-Based Reporting System (NIBRS).^{30, 32} NIBRS data for FBI domestic violence statistics and FBI crime statistics 2021 chart can be accessed through the FBI Crime Data Explorer function.^{8, 33}

** Statistics from BJS National Crime Victim Survey (NCVS) 2020 self-report data.²⁴ Excludes homicide. Rates are per 1,000 individuals age 12+.
^ FBI NIBRS 2020 data.³³

How Many Deaths Are Caused By Domestic Violence (2020 Statistics on Family Violence Reported to Police)?

Homicide is the least desirable outcome of domestic violence, and unfortunately, as many as 20% of homicide cases are attributable to intimate partner violence and more than 50% of female homicides are a result of IPV.²⁷

There are various estimates available for how many deaths are caused by domestic violence (2020), but one Louisiana parish reported that the incidence of DV-related homicides doubled in 2020.²³ According to United Nations statistics, 47,000 females were killed in DV cases worldwide in 2020, and some estimates indicate that over 2,000 individuals (male or female) were killed in DV-related shootings in the U.S. the same year.^{9, 26}

The most objective U.S. statistics available are from the FBI’s National Incident-Based Reporting System (NIBRS), which recorded nearly 1,500 cases of murder of family members in 2020.³²

Domestic Violence Conviction Statistics

Of all the criminal records statistics available, domestic violence conviction statistics can be some of the most difficult to track and interpret. Because so many cases go unreported and even more go unprosecuted, conviction rates are not truly representative of domestic violence rates.

Consideration of aggregate data from case records and self-report creates the most informative picture.

* Most recently available statistics from the Bureau of Justice Statistics 2005 report on family violence. Data collection spanned from 1998 through 2002.⁶

Family Violence Offenders in Jail vs. Family Violence Offenders in Prison

A 2005 Bureau of Justice Statistics report on family violence statistics offers the most comprehensive picture of how family violence cases are prosecuted and sentenced.⁶ In 1997, 15% of violent crime perpetrators imprisoned at the state level were family violence offenders in prison.

Males accounted for 93% of the offenders and half of the family violence crimes were for a sexual offense.

In 2002, family violence offenders accounted for approximately 22% of convicted violent offenders in local jails. Note that local jails may also house a significant number of non-convicted individuals, but those cases are not included in this percentage.

In contrast to offenders in state prison, domestic violence conviction statisticsfamily violence offenders in jail were most often convicted of assault (60%) rather than a sexual offense.⁶

Demographics of Domestic Violence Offenders (Domestic Violence Demographics USA)

The demographics of domestic violence offenders in the United States are fairly consistent over time. The vast majority of offenders are white males between the ages of 18 and 35.

Many domestic violence incidents are found to be associated with acute or chronic alcohol or substance use/abuse.¹²

The National Institute of Justice 2009 special report on domestic violence provides additional insight into the demographics of DV offenders and victims in the U.S.¹²

⁰ Statistics from 2009 NIJ report. Numbers reflect a range of data from multiple studies.¹²
¹ Data from 2011 NIH study.³⁷ Representative sample of women surveyed at an abortion clinic in 2007/2008.
² Data from NISVS 2016/2017 report.¹⁴
³ Data from 2005 BJS report.⁶
⁴ Data from domesticshelters.org website.⁵
⁵ Data from CDC NISVS 2010 report.⁴⁷

Male vs. Female Domestic Violence Statistics (Domestic Abuse Prior Criminal Record Statistic)

Domestic violence is what may be considered or labeled a “gendered crime,” meaning that there are significant differences in male vs. female domestic violence statistics. A few quick statistics make this point quite apparent:¹²

• Approximately 25% of females have been victims of intimate partner violence
  • Compare to 10% of male victims
• Twice as many female students as male students experience dating violence
• Approximately ¼ of female murders are a result of intimate partner violence
  • Compare to 3% of male victims

People curious about what percentage of domestic violence victims are female may be surprised to learn that as many as 80% of IPV victims are female.¹⁷

Domestic violence against men does occur, but studies have found that male victims of domestic violence are more likely to be identified as suspects in future DV cases, with one study citing a 41% rate of role reversal for male victims.¹²

Note that studies have also found that non-heterosexual individuals experience dating violence at twice the rate of their heterosexual peers.²⁷

Domestic Violence Statistics By State

The incidence of domestic violence, intimate partner violence, and family violence differ across various regions and states of the U.S. According to World Population Review, Oklahoma and Kentucky lead the pack with the highest rates of domestic violence against both females and males while North Dakota, Rhode Island, and Virginia have some of the lowest rates.²⁸

National Coalition Against Domestic Violence³⁵
The National Intimate Partner and Sexual Violence Survey³⁸

Domestic Violence Rates Over Time

There has been a sharp decline in domestic violence rates over time, with the rate of intimate partner violence alone cut in half between the years 1994 and 2012.²⁵

Although rates have continued to decline steadily in more recent years, domestic violence remains a persistent issue across the nation.

*Rates are per 1,000 persons, including all individuals age 12 and above. Bureau of Justice Statistics 2021 statistics.²⁴

CDC Domestic Violence Statistics by Year

The Center for Disease Control and Prevention (National Center for Injury Prevention and Control program) conducts an ongoing telephone survey, the National Intimate Partner and Sexual Violence Survey (NISVS), to collect information about intimate partner violence and track CDC domestic violence statistics by year.^{31, 43} Data from this measure are available for the years 2010 and 2015 and are represented in the table below.

* Data from 2010 CDC NISVS report.²⁹
** Data from 2015 CDC NISVS report.³⁹
*** Data from 2016/2017 CDC NISVS report.¹⁴

Family Violence Statistics by Year

Other family violence statistics by year may be extrapolated from FBI arrest and crime data. One of the most interesting statistics available is the rate of murder of family members.

*FBI data includes all family members but not non-family intimate partners (e.g. boyfriends/girlfriends).

Note that the introduction of a new data collection system (NIBRS) in recent years has contributed to a drop in reporting rates.

Domestic Abuse Prior Criminal Record Statistics

One of the most interesting and certainly one of the most potentially useful questions with regards to domestic violence prevention is what proportion of offenders have a domestic abuse prior criminal record (statistics)? Many people rightly assume that domestic violence offenders are often repeat offenders, so the issue becomes how to identify these individuals and prevent future incidents of violence.

A quick look at domestic abuse prior criminal record statistics can prove helpful.

Converging evidence suggests that more than 75% of female IPV victims are victimized by the same individual, with the highest rates of revictimization found for women between the ages of 35 and 49 years.¹⁷

How Many Offenders Have a Domestic Abuse Prior Criminal Record (Statistics Information)?

This still leaves the question of how many DV offenders have a domestic abuse prior criminal record (statistical information).

A 2009 U.S. Department of Justice report suggests that as many as one-third of DV offenders will commit more abuse in the near future.¹²

The number of offenders who have prior criminal records is tracked using court records.

One small-scale study (sample size = 3 states) from this same report found that 70% of individuals arrested for intimate partner violence had a prior criminal record, and nearly half of that subset (42%) were violent crime convictions. Research indicates that in general, young males are the most likely to be repeat abusers.¹²

How Do Police Deal With Domestic Violence?

There is no universally practiced police procedure for domestic violence calls, but this is improving over time as more police departments create specialized domestic violence units to handle domestic violence calls.¹²

Historically, many have doubted the effectiveness of police response and questioned how do police deal with domestic violence? The 2009 DOJ report found that police departments with designated DV units were more responsive to DV calls, collected more information, gathered more evidence, and led to a higher percentage of prosecution and conviction than their non-specialized counterparts.¹²

The International Association of Chiefs of Police (IACP) has an online Domestic Violence policy which provides detailed guidance for how to handle domestic violence cases. The model policy encourages zero tolerance of domestic violence and a proactive approach to investigation and criminal response and is one of which of the following factors has made the police the major responder to domestic violence calls.

Per these guidelines, law enforcement should respond to domestic violence calls with (to name a few):¹¹

• Priority officer dispatch
• Separation and securing of involved parties
• Interviews of victim/s and witnesses
• Evidence collection and documentation
• Determination of aggressor
• Provide resource information to the victim/s
• Arrest when there is probable cause

Where there is evidence of a crime and the predominant aggressor can be identified, a warrantless arrest should be made, per the “preferred arrest response.”¹¹

The U.S. Department of Justice pamphlet (“Improving Law Enforcement Response to Sexual Assault and Domestic Violence…”) provides advice and guidance for future approaches to police response in familiar violence incidents.^{45, 46}

What Happens After a Police Report Is Filed for Domestic Violence?

Naturally, many people also ask what happens after a police report is filed for domestic violence. Typically, when an arrest has been made and the police report has been filed, the arrested individual must post bond to be released.

The arrest report will be sent to Social Services when children are involved in the incident.⁴¹

Every state offers residents social services, which include help or protection from domestic violence.

An officer is usually assigned to pursue further investigation of the crime and gather any and all evidence. If the detective finds enough evidence to warrant charges, the case is forwarded to a prosecutor who will decide whether to proceed with case prosecution.¹³

How Does the Criminal Justice System Respond to Domestic Violence?

As police response to domestic violence steadily increases, the natural subsequent query of how does the criminal justice system respond to domestic violence arises. Prosecution of domestic violence cases varies between jurisdictions, and some estimates suggest that as many as ⅓ of domestic violence cases sent to the prosecutor will never lead to official charges.¹⁰

In most cases where charges are filed, the case is disposed by virtue of a plea agreement. The vast majority of cases which do go to trial result in convictions.¹²

Most domestic violence offenses are charged as misdemeanors except in cases involving injury, deadly weapons, child victims, or repeat abuse.²⁰

According to the DOJ Office of Justice Programs, a 2010 Alaskan study found that 54% of reported domestic violence cases resulted in a conviction.³⁶

The National District Attorneys Association (NDAA) published the “National Domestic Violence Prosecution Best Practices Guide” (revised in 2020) which outlines proper steps, approaches, and responses for prosecuting attorneys.¹⁶

State Prosecution of Family Assault

The vast majority of family violence cases are prosecuted at the local or state level. According to a Bureau of Justice Statistics 2008 report entitled “State Court Processing of Domestic Violence Cases,” ⅓ of felony-level sexual assault and aggravated assault cases prosecuted in state courts in 2002 were considered domestic violence.²²

State prosecution of family assault (sexual assault and aggravated assault) occurred at a higher rate than for non-domestic assault cases. The higher prosecution and conviction rate for DV cases is a testament to the effectiveness of domestic violence courts and do not bode well for a defendant’s chances of winning domestic violence case.²²

Federal Prosecution of Domestic Violence

The Bureau of Justice Statistics 2005 report on family violence statistics describes how family violence cases are processed through the criminal justice system from start to finish.⁶ Federal prosecution of domestic violence occurs when the alleged offense transpired on an Indian reservation, military base, or other federal government agency.

Though statistics on this population are sparse, the small sample of defendants were overwhelmingly white males between the ages of 31 and 40 who had prior criminal records. Just over 20% of cases with available data led to conviction at trial while the vast majority resulted in guilty pleas.⁶

How Long Does Domestic Violence Stay on Your Record?

The question of how long a domestic violence charge might remain on record is a serious concern for anyone who has been in a marital dispute or altercation, particularly if a police report was filed. Some domestic violence concerns may be handled in civil court, resulting in an order of protection which does not go on a person’s criminal record.

However, when a police report is filed, the offense becomes part of the alleged aggressor’s criminal record.

How long the DV conviction stays on the criminal record depends primarily on the state of residence and the severity of the offense. While criminal records generally stick with a person for life, some states (e.g. California, Massachusetts) are moving toward automatic expungement of misdemeanor offenses after a certain period of time and many other states are removing barriers to self-initiated expungement.¹

Thus, in many states, misdemeanor domestic violence may be expunged in 5 to 10 years. Options are fewer where felony domestic violence convictions are concerned as felonies are rarely eligible for expungement until 15 to 20 years have passed.

Violence committed against family members, household members, and intimate partners accounts for a large minority of violent crimes in the United States.

The most recently available data reveals disturbing trends in familiar violence including domestic abuse prior criminal record statistics indicating that more than 3 out of 4 female victims of IPV had been abused by the same partner in the past.

Frequently Asked Questions About Domestic Abuse Prior Criminal Record Statistics By State