Federal Domestic Violence Legislation: The Violence Against Women Act
Federal Domestic Violence Legislation Overview
The 1994 Violence Against Women Act (VAWA), with additions passed in 1996, outlined grant programs to prevent violence against women and established a national domestic violence hotline. In addition, new protections were given to victims of domestic abuse, such as confidentiality of new address and changes to immigration laws that allow a battered spouse to apply for permanent residency.
The key provisions of VAWA are:
- Full funding of rape kits and legal/court fees associated with a protection order
- Victim protection orders are recognized and enforced in all state, tribal, and territorial jurisdictions within the U.S.
- Implementation and funding of special domestic violence crime units in local communities
- Special domestic violence and sexual violence training for law enforcement officers
- Ability of tribal courts to try non-Indian spouses or intimate partners of Indian women in domestic or dating violence cases
- Provision allowing undocumented immigrants who are the victims of domestic violence to apply for a green card in exchange for helping law enforcement officials prosecute their abusers
According to the VAWA Act, a domestic violence misdemeanor is one in which someone is convicted for a crime "committed by an intimate partner, parent, or guardian of the victim that required the use or attempted use of physical force or the threatened use of a deadly weapon" (Section 922 (g)). Under these guidelines, an intimate partner is a spouse, a former spouse, a person who shares a child in common with the victim, or a person who cohabits or has cohabited with the victim.
Another area this act addresses is interstate traveling for the purposes of committing an act of domestic violence or violating an order of protection. A convicted abuser may not follow the victim into another state, nor may a convicted abuser force a victim to move to another state. Previously, orders of protection issued in one jurisdiction were not always recognized in another jurisdiction. The VAWA specifies full faith and credit to all orders of protection issued in any civil or criminal proceeding, or by any Indian tribe, meaning that those orders can be fully enforced in another jurisdiction. Forty-seven states have now passed legislation that recognizes orders of protection issued in other jurisdictions. Three states, Alaska, Montana, and Pennsylvania, require that an out of state order be filed with an in state jurisdiction before the order can be enforced.
Landmark Cases on Interstate Provisions
There are several landmark cases that have been decided under these new interstate provisions. For example, in United States v. Rita Gluzman (NY), the defendant traveled from New Jersey to New York with the intention of killing her estranged husband. The weapons she took with her were used in the murder. Gluzman was convicted for this crime. In United States v. Mark A. Sterkel (1997), the defendant was convicted of interstate stalking after traveling from Utah to Arizona to threaten his former boss.
VAWA originally allowed victims of domestic abuse to sue for damages in civil court. However, this part of the VAWA was overturned by the U.S. Supreme Court in Brzonkala v. Morrison (2000), wherein the court held that Congress did not have the authority to implement such a law.
VAWA Impact on Domestic Violence Arrest Policies
Another goal of VAWA was to influence state legislators, particularly in regard to arrest policy for domestic situations. In order to receive Federal funding, states must adopt certain responses. The Act reads: VAWA 1994: (1) To implement mandatory arrest or pro-arrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations. This act has had a profound effect on state laws governing domestic abuse.
VAWA was renewed in 2013 after having expired in 2011. Consider meeting with an attorney if you were unable to exercise VAWA protections due to the lapse.
- State Domestic Violence Legislation
- Filing a Domestic Violence Lawsuit
- Office on Violence Against Women (U.S. Dept. of Justice)
Next Steps: Get a Free Case Review
If you or someone you know has been accused of domestic violence, whether interstate abuse, stalking, or something else, you should strongly consider speaking with an attorney. Furthermore, if you've been the victim of domestic violence, you'll likely have many legal questions moving forward. Start the process with a free case review from an experienced family law attorney today.