Penalties Under 18 U.S.C. §§ 2261 and 2262
The penalties for Interstate Domestic Violence, 18 U.S.C. §
and Interstate Violation of a Protection Order, 18 U.S.C. § 2262, are
same. The penalties are based on injury to the spouse or intimate partner
range from a maximum of life, if death occurs from the violence, to not more
five years if there is no serious bodily injury and no weapon was used.|
In addition to these penalties, 18 U.S.C. § 2264 makes
mandatory for both offenses. It requires that:
- The court shall direct the defendant to pay the full amount of the
victim's losses, including: medical expenses; physical therapy; necessary
transportation, temporary housing and child care expenses; lost income;
attorney's fees, including costs incurred in obtaining a restraining order;
any other losses. 18 U.S.C. § 2264(b)(3).
- Compliance with the court's restitution order shall be a condition of
probation or supervised release. 18 U.S.C. § 2264(b)(10).
- The court may not decline to order restitution based on the defendant's
economic circumstances or because the victim has or is entitled to insurance
benefits for his or her injuries. However, the court may consider the
defendant's economic circumstances in setting a pay schedule. 18 U.S.C.
- The United States Attorney shall enforce the restitution order by all
available and reasonable means. In addition, the victim may civilly enforce
restitution order. 18 U.S.C. §§ 2264(b)(1)(B), (b)(2).
[cited in USAM 9-60.1100]