Redefining Safety: 2024’s Legal Wins for Domestic Violence Survivors

By: Keira Khami

Every day, survivors of domestic violence face a maze of fears around safety and struggle with barriers in the legal system under social stigma. For years, the courts have primarily focused on physical abuse as the threshold for protective action. But, what happens when fear, not bruises, mark abuse? 2024 has proven to be a landmark year for survivors, pushing the boundaries of what “protection” means in cases of domestic violence. Central to this shift are two significant developments: the Supreme Court’s decision in United States v. Rahimi and new state-level expansions on protective orders.

In United States v. Rahimi, a federal case tested the balance between Second Amendment rights and protective measures for survivors. Zackey Rahimi, subject to a domestic violence restraining order, had his gun rights revoked under a federal statute prohibiting firearm possession for individuals with active restraining orders. Rahimi contested the statute, claiming it violated his right to bear arms. The Supreme Court upheld the restriction, emphasizing that public safety—particularly for survivors at risk—can justify limitations on individual rights. By affirming this principle, the Court sent a strong message: Survivor protection is the priority, even in the face of constitutional arguments. The ruling clarifies that federal protections cannot be taken lightly regarding safeguarding lives from escalating violence (Supreme Court of the United States, 2024).

Rahimi’s case is only part of a broader 2024 push to redefine what abuse is categorized as and who it affects. Take, for instance, Massachusetts’ “An Act to Prevent Abuse and Exploitation” (H.4744), which introduces coercive control to the state’s legal vocabulary. In cases of coercive control, a victim may not bear physical injuries but may suffer from psychological manipulation and isolation. By incorporating coercive control as grounds for protection orders, Massachusetts gives survivors new tools to defend themselves from abusers who seek control without raising a hand. Similar changes in New Jersey continue this trend, with new provisions allowing courts to consider patterns of manipulation, threats, and financial dependency when issuing restraining orders (DVSN, 2024; NJ Law Firm, 2024).

Coercive control, as domestic violence researcher Evan Stark famously described, traps victims in “invisible cages. This is an abuse dynamic that isolates, controls, and ultimately breaks down the survivor’s autonomy and independence (Stark, 2007). By expanding legal definitions to include this often overlooked form of abuse, these 2024 laws make clear that abuse is multifaceted and that survivors should have access to protections that meet their unique needs.

For GW students and future advocates, these shifts in domestic violence law demonstrate the power of a responsive legal system, one that evolves to protect the vulnerable. As societal understanding of abuse grows, so too must the legal tools that offer protection and justice. The developments in Rahimi and these expanded state protections mark a critical step forward in recognizing that every form of physical or psychological control is a violation worthy of demanding legal recourse.





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https://www.reckon.news/news/2023/11/supreme-court-seems-to-favor-keeping-guns-out-of-the-hands-of-abusers.html

Sources:

DVSN. (2024). A legal leap forward: Massachusetts’ new coercive control law. Retrieved from https://www.dvsn.org/october-2024-a-legal-leap-forward-mas-new-coercive-control-law/

NJ Law Firm. (2024). Updates to New Jersey domestic violence laws. Retrieved from https://www.njlawfirm.com/blogs/family-law/2024-02-05-updates-to-new-jersey-domestic-violence-laws

Stark, E. (2007). Coercive control: How men entrap women in personal life. Oxford University Press.

Supreme Court of the United States. (2024). United States v. Rahimi. Retrieved from https://www.scotusblog.com/2024/06/supreme-court-upholds-bar-on-guns-with-domestic-violence-restraining-orders/




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