On July 1, 2025, the Survivor Justice Act went into effect. Its purpose is to provide relief for survivors of domestic violence and child abuse from being convicted or serving long sentences for conduct involving self-defense and coercion.

Self defense can now be raised in any type of offense against a person. Admission of evidence related to a history of abuse has been expanded to provide full context as to why they needed to act in self defense.

Coercion can be raised as a defense in all cases other than malice murder. The standard for proving coercion has been loosened.

Proportionate Sentencing – Even if convicted, survivors can submit relevant evidence that a history of abuse was a significant contributing factor to the offense.

Resentencing – A person can request re-sentencing if the offense was committed before July 1, 2025 or the petition includes any evidence that was not part of the record at sentencing. Such evidence can include: witness accounts, shelter records, counselor/therapist records, social worker records, hospital/doctor records, assistance agency records, prior statements, TPO records, evidence of abuser’s history of other acts of domestic violence or child abuse; medical diagnosis, expert testimony.

If you were convicted of an offense against your abuser or caused by your abuser and there was evidence of the abuse that was never entered into the record, you could be resentenced. If the offense was punishable by life or death, the sentence could be adjusted to 10-30 years with the ability to depart further, and parole eligibility. For other offenses, the sentence could be adjusted to 1 year to half of the maximum allowed.