Where to Report Domestic Abuse: Jurisdiction Guide

Key Takeaways:

1. Jurisdiction Determines Where You Can Seek Legal Protection: The location of the abuse, where both parties live and where a protective order was issued all impact which court has the authority to handle a case.  

2. Cross-State or International Cases Can Be Complicated: If abuse occurs in a different state or country, survivors may have to travel for legal proceedings, making it harder to seek justice and protection.  

3. Legal and Advocacy Support Can Help Navigate Jurisdiction Challenges: Domestic violence shelters, Family Justice Centers and specialized attorneys can assist survivors in understanding where and how to report abuse or seek protection.

If you’re a domestic violence survivor, you may need help from the court system. You may want to request a protective order or report an abuser for breaking a law. Courts have legal authority in these situations. That legal authority, called jurisdiction, determines which court you can turn to for help.

If you’re in immediate danger, you should call 911 if possible and try to get to safety. 

If you’re looking to file a police report on an abuser, here are answers to some key questions you may have about where to do so.

Why Is Jurisdiction Important For Domestic Violence Survivors?

Jurisdiction comes down to location. Where is the location of the court responsible for protecting you and holding an abuser accountable? It’s not just a legal technicality. It impacts your access to protection and justice.

What Determines Jurisdiction?

If the abuse occurred in the state where you and the abuser live, jurisdiction should be that state. But when different states, tribal lands or countries are involved, jurisdiction can be more complicated. Here’s how it generally plays out:

• The court responsible for the area where the abuse occurred usually has jurisdiction, even if that’s not where you live.
• The court that issued a protective order generally has jurisdiction if it’s been violated.
• The court for the area where you live or where the abuser lives may have jurisdiction. That could be the case if abuse has been going on over time or if you’ve moved to a new area to escape abuse. Where you both live might be the top consideration in civil cases. 

A crime may violate both civil and criminal laws. The abuser may be in court for both, and likewise, the survivor may be called as a witness in both. Jurisdiction for criminal cases depends on the type of crime and where it took place.

What Happens With Jurisdiction When Different Areas Are Involved?

Jurisdiction can be complicated if domestic violence crosses borders. Every state has its own domestic violence laws, and some federal laws, like the Violence Against Women Act (VAWA), may apply.

Here’s what could happen:

• Suppose you and your partner live in New York. You go to the beach in North Carolina, where your partner assaults you. North Carolina would probably have jurisdiction and authorities in that state would investigate. 
• Suppose you and your partner live in Oregon. You leave and move in with your parents in Florida to escape your partner. Oregon likely has jurisdiction over any criminal abusive acts. Oregon law enforcement would investigate.

In these scenarios, you might have to travel far from where you live to appear in court. You may have to take time off from work, pay for travel expenses and arrange for childcare. It can be a significant hardship, not to mention a barrier for survivors reporting abuse.

Plus, it can be scary to be in a location where you may have to encounter the abuser or to return to a place where an abuser assaulted you. It may be helpful to reach out for support — both domestic violence shelters and Family Justice Centers have advocates that could help you navigate the court system or also go with you to court proceedings. You or your attorney may also be able to request a virtual hearing for your safety and sanity. 

If you can, document the abuse. Saving photos of injuries and copies of texts, emails and voice messages can be helpful if jurisdiction isn’t clear. 

How Does Jurisdiction Impact Protective Orders?

You can usually file for a protective order in the jurisdiction where you live. But in some cases, you might only be able to get a protective order in the jurisdiction where the abuse happened or where the abuser lives. 

Under the Full Faith and Credit Clause of VAWA, protective orders should be enforced across state lines, including on tribal lands—even if enforcement can be tricky. For more information on this, read “Protecting Protective Orders.” And read our Guide to Restraining Orders to learn more about protective orders, also called restraining orders or orders of protection.

How Does Jurisdiction Affect Child Custody?

If you and an abusive partner live in different states, courts may decide which jurisdiction makes decisions on behalf of your children. Usually, the state that’s considered the child’s home has jurisdiction. If you don’t live there anymore, you may still have to appear in court there. This is why it can be complicated, legally to move away with a child in the midst of separating from an abuser. 

Read “Can I Move Out of State With My Child?” for more information. 

How Do You Know Where To Go?

It can be hard to figure out where you should turn. The court and law enforcement system can be confusing, and you may feel scared or stressed. Plus, you may be worried about the time and expense of traveling to another state to appear in court.

If you’re not sure what steps to take, you may want to contact your local domestic violence shelter or your closest Family Justice Center. Advocates there are familiar with the laws and rules that apply in your area. They can guide you confidentially, without judging or pressuring you.

You may also want to talk to an attorney who specializes in navigating jurisdiction in cases of domestic violence. Learn more in “How to Find a Domestic Violence Lawyer.”