Physical Abuse in the U.S.: Definition, Examples, Laws, and ...

Introduction

Physical abuse is the intentional use of force that causes bodily pain, injury, or harm. It can happen in any setting—at home, in a care facility, in schools, or the workplace—and affects people of all ages. Victims may include children, intimate partners, older adults, people with disabilities, and others. Some acts may also involve sexual violence or animal cruelty, which are separate crimes that can occur alongside physical abuse.

In the United States, physical abuse is a crime and can also give rise to civil lawsuits. States have specific laws for domestic violence, child abuse, and elder abuse. This guide explains the basics, shows how cases move through the system, and points you to help and resources.

Safety note: If you or someone you know is in immediate danger, call 911. For confidential help, contact:

• National Domestic Violence Hotline: 1-800-799-7233, text START to 88788, or chat at thehotline.org
• Childhelp National Child Abuse Hotline: 1-800-422-4453 (1-800-4-A-CHILD)
• Eldercare Locator (to reach Adult Protective Services): 1-800-677-1116, eldercare.acl.gov

Laws vary by state. For advice on a specific situation, speak with a licensed attorney in your state.

What You’ll Learn

• The definition of physical abuse and how states commonly treat it
• Where it shows up most often: child abuse, domestic violence, and elder abuse
• Common criminal charges and how protective orders work
• Civil options for victims, including damages and restitution
• Warning signs to watch for and how to document evidence safely
• How to report to law enforcement, Child Protective Services (CPS), or Adult Protective Services (APS)
• Short case-style examples that show how courts respond
• U.S. hotlines and agencies that can help

Core Concepts

What Counts as Physical Abuse

Physical abuse involves intentional physical force that causes injury or pain, or creates a serious risk of harm. Examples include:

• Hitting, slapping, punching, kicking, choking/strangulation, or shoving
• Burning, scalding, cutting, or using objects/weapons
• Force-feeding or withholding medication in a way that causes harm
• Unlawful restraint (tying, locking in rooms, improper use of restraints)
• Shaking infants or young children (shaken baby syndrome)
• For older or dependent adults: rough handling, forced transfers, or misuse of medications as “chemical restraints”

Key points:

• Even “minor” contact can be a crime if it causes pain or injury, or if laws in your state define the contact as battery.
• Strangulation is extremely dangerous and often charged as a felony in many states.
• When animals are harmed, animal cruelty laws apply. Many states allow protective orders that include pets.

Contexts and How States Define It

While physical abuse is wrong in every context, states tailor definitions to the relationship and the victim’s age or vulnerability.

• Domestic violence (intimate partners): Many states have specific offenses for causing bodily injury to a spouse, dating partner, or cohabitant. These cases often involve protective orders, firearm prohibitions, and no-contact terms.
• Child abuse: Any non-accidental physical injury or risk of injury to a child. While some states allow limited corporal punishment by parents, discipline that causes injury, leaves marks, or creates a serious risk of harm may be abuse.
• Elder and dependent adult abuse: Physical harm, unreasonable confinement, or inappropriate use of restraints against adults age 60+ (age varies by state) or adults with disabilities. Abuse can occur at home or in long-term care settings and is a focus of APS.

Criminal Charges and Protective Orders

• Common charges: Assault, battery, aggravated assault, domestic battery, child abuse, endangering the welfare of a child, strangulation, and elder abuse. Charges can be misdemeanors or felonies depending on injury, weapon use, prior offenses, and the victim’s status.
• Evidence: Medical records, photographs of injuries, 911 calls, officer observations, witness statements, messages or emails, and body-worn camera footage. In child and elder cases, expert medical testimony can be important.
• Protective orders (restraining orders): Courts can order the abuser to stay away, stop contact, leave the home, surrender firearms, and follow custody or support terms. Temporary orders may be issued quickly, followed by a hearing for a longer order. Violating an order can be a crime.

Civil Lawsuits, Restitution, and Compensation

Victims may have civil claims as well as criminal cases:

• Claims: Battery, assault, intentional infliction of emotional distress, negligence, and negligent hiring/supervision (against facilities or employers in some cases).
• Damages: Medical bills, therapy costs, lost wages, pain and suffering, and punitive damages (in eligible cases).
• Statutes of limitations: Deadlines vary by state and claim type. Deadlines may be extended for minors or delayed discovery of injuries.
• Restitution and victims’ compensation: Courts may order criminal defendants to pay restitution. States also run victims’ compensation programs that can help pay for medical care, counseling, relocation, and lost income.

Reporting Duties and Mandatory Reporting

• Child abuse: Teachers, doctors, nurses, therapists, social workers, childcare providers, and many others are often mandated to report suspected abuse to CPS. Any person can report; mandated reporters must report and may face penalties for not reporting.
• Elder/dependent adult abuse: Health professionals and certain facility staff are commonly mandated reporters to APS. Family and community members can also report.
• Injuries and weapons: Many states require healthcare providers to report gunshot wounds and other serious injuries to law enforcement.
• Good-faith reporting: Most states protect good-faith reporters from civil liability and maintain confidentiality as allowed by law. If you are a mandated reporter, follow your state’s procedures.

Key Examples or Case Studies

• State v. Johnson (Child Abuse)

  • Summary: A parent repeatedly hit a child with a belt, leaving bruises and welts. Medical staff documented patterned injuries. The parent was convicted of child abuse.
  • Why it matters: Repeated injuries and medical documentation supported the case. The court emphasized the difference between lawful discipline and harm.
  • Outcome: Jail time, probation, mandated parenting classes, and a no-contact order pending CPS involvement.

• Doe v. Roe (Domestic Violence)

  • Summary: A live-in partner was assaulted during an argument. Police photographed injuries and collected the 911 call. The court issued a temporary protective order the same day, followed by a one-year order after a hearing.
  • Why it matters: You can obtain a protective order even if criminal charges are pending or still under review. Orders can include stay-away terms and firearm surrender.
  • Outcome: Protective order, no-contact conditions, and later misdemeanor battery plea with probation and counseling.

• People v. Smith (Elder Abuse)

  • Summary: A caregiver in an assisted living home roughly handled an elderly resident, causing bruising and a shoulder injury. Staff reports and security footage supported prosecution.
  • Why it matters: Mandatory reporting by facility staff triggered a prompt investigation. The case highlighted the improper use of force in care settings.
  • Outcome: Felony elder abuse conviction, license revocation proceedings, and civil settlement with the facility.

Note: Case names above are used for illustration and do not reference specific published decisions.

Practical Applications

• If you are in immediate danger:

  • Call 911.
  • If safe, get to a public place or a trusted neighbor.
  • Consider reaching out to the National Domestic Violence Hotline (phone, text, or chat). Use a device your abuser cannot access, if possible.

• Document safely:

  • Take dated photos of injuries and damaged property.
  • Save texts, emails, call logs, and voicemails.
  • Keep a written timeline of incidents with dates and details.
  • Ask your doctor or urgent care to document injuries. Medical records are powerful evidence.
  • Know your state’s recording laws before recording conversations.

• Seek medical care:

  • Even if you feel okay, see a clinician. Internal injuries and strangulation-related injuries can be delayed and dangerous.
  • Request documentation of findings and discharge instructions.

• Reporting options:

  • Law enforcement: Call 911 for emergencies or your local non-emergency number to make a report.
  • Protective orders: Contact your local court or a legal aid group for help filing. Many courts have self-help centers.
  • Child abuse: Call your state CPS hotline or the Childhelp hotline for guidance.
  • Elder abuse: Contact APS through the Eldercare Locator.

• If you’re a parent, relative, neighbor, or friend:

  • Watch for patterns: Unexplained injuries, excuses that don’t match the injuries, fearfulness around certain people, sudden withdrawal, or changes in behavior.
  • Offer support without judgment. Say, “I’m concerned about your safety. I’m here to help.” Share hotline numbers and offer a ride to a safe place if requested.
  • Avoid confronting the suspected abuser yourself; that can increase risk.

• For professionals (teachers, doctors, social workers, care staff):

  • Follow mandated reporting rules and your organization’s protocols.
  • Document observations objectively. Use the person’s own words in quotes where appropriate.
  • Coordinate with multidisciplinary teams when available (e.g., child advocacy centers, elder abuse teams).

• Tech safety:

  • Abusers may track devices or accounts. Consider using a safe device and changing passwords. Turn off location sharing. The National Domestic Violence Hotline offers tech safety planning.

• Legal and family court tie-ins:

  • Protective orders can include child custody, visitation, and move-out provisions.
  • Related family law terms you may encounter: protective order, custody order, temporary support, and fault-based divorce (available in some states). A local attorney or legal aid group can explain options.

Summary Checklist

• Know what physical abuse looks like: hitting, choking, burning, unlawful restraint, and similar acts
• Understand the contexts: domestic violence, child abuse, and elder abuse
• Criminal path: assault/battery charges, strangulation offenses, and domestic violence statutes
• Civil path: sue for battery or related claims; seek restitution and state victims’ compensation
• Protective orders: fast, court-issued orders that can require no contact and firearm surrender
• Reporting: CPS for children, APS for older or dependent adults; anyone can call 911
• Evidence: photos, medical records, texts, witness statements, and 911 recordings
• Safety first: use safe devices, seek medical care, and reach out to hotlines for confidential help
• Get local legal advice: state laws and deadlines vary

Quick Reference