18 U.S.C. § 922 d(8), d(9), g(8), g(9)
National Center on Full Faith and Credit
Explanation of firearms law 18 U.S.C. § 922 d(8), d(9), g(8), g(9). "It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition..."
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18 USCS 922 d8-d9-g8-g9.pdf
A Practitioner's Guide to the Indian Child Welfare Act
Custody Tools Series
National Center on Full Faith and Credit
This is a 2-page statute guide to the Indian Child Welfare Act 25 U.S.C. § 1901 et. seq.
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icwa revised 10-08.pdf
A Practitioner's Guide to the Parental Kidnapping Prevention Act (PKPA)
Custody Tools Series
National Center on Full Faith and Credit
A 2-page statute guide highlighting the Parental Kidnapping Prevention Act, 28 U.S.C. § 1738A
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PKPA_Revised3-04.pdf
American Bar Association
Commission on Domestic Violence
Among other resources, the American Bar Association provides research and legal information on domestic violence at their website.
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http://www.abanet.org/domviol/
American Bar Association Statutory Summary Charts
These charts summarize statutes from all 50 states regarding domestic violence, sexual assault, stalking, dating violence and trafficking.
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http://www.abanet.org/domviol/statutorysummarycharts.html
Amicus Brief for Domestic Violence Legal Empowerment and Appeals Project
Robertson v. Watson
Co-authored by: Sandra Tibbetts Murphy, Joan Meier, Deanne Maynard, Brian Matsui, Nicholas Miranda
An amicus brief before the U.S. Supreme Court supporting the right of private litigants to enforce their own civil orders through criminal contempt actions
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DVLEAP Amicus Brief in Robertson.pdf
Assisting Immigrant Victims of Domestic Violence
Advocate's Guide
BWJP
This guide for advocates and volunteers focuses on the needs of newly-arrived battered immigrant women whose immigration status is unsettled. It explores: how to more effectively respond to battered immigrant women; how immigration status is used as a weapon in domestic violence cases; the options open to immigrant victims, the documents they need, and when a referral to an immigration attorney should be made.
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Immigrant_Victims_Advocates_Guide.pdf
Assisting Immigrant Victims of Domestic Violence
Law Enforcement Guide
BWJP
This guide provides a brief overview of the issues law enforcement should consider when working with immigrant communities, and in particular immigrant victims of crime by: exploring various immigration laws and terms that officers need to know; examining the challenges immigrant crime victims face navigating the justice system; identifying how officers can protect and assist immigrant crime victims while managing their enforcement role.
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Immigrant_Victims_LE_Guide.pdf
Confidentiality
An Advocate's Guide
Julie Kunce Field, Deb Goelman, Barbara Hart, Rebekah Lee, Sandra Murphy, Kim Tolhurst, and Roberta Valente
Confidentiality and privilege are key to keeping battered women safe and represent the cornerstones of all successful advocacy and shelter programs. This guide is intended to familiarize advocates with a variety of laws, policies, requirements, and best practices on the topic of confidentiality.
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Confidentiality_Advocates_Guide.pdf
Criminal Prosecution of Domestic Violence
Linda A. McGuire, Esq. for BWJP
This article identifies appropriate goals to be pursued in woman battering and the special challenges these cases present to prosecutors. It offers guidelines for improving collaboration between prosecutors and advocates.
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Criminal_Prosecution_of_DV.pdf
Domestic Violence and Sexual Assault Data Resource Center
This website provides information to researchers, practitioners, and members of the public interested in finding, using, or understanding domestic and sexual violence and stalking data.
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http://www.jrsa.org/dvsa-drc/index.html
Domestic Violence and Stalking
A Comment on the Model Anti-Stalking Code Proposed by the National Institute of Justice
Nancy K.D. Lemon
This article presents basic information about the extent of stalking in the U.S. and discusses the origin and current status of stalking laws. An analysis of the proposed NIJ anti-stalking code discusses their effectiveness and limitations from a domestic violence perspective.
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Domestic_Violence_and_Stalking.pdf
Enhanced Penalties for Domestic Violence
State Statute Chart
Eve Zamora
The following is an alphabetical listing of all states that have enacted statutes enhancing penalties for domestic violence crimes. The term "enhanced penalties" as used in this document encompasses sentencing, charging, fines, protection order violations, repeat offenders and mandatory treatment. An updated 2009 version will be available soon.
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Enhanced_Penalties_2005.pdf
Legal Momentum
The National Organization of Women's Legal Defense and Education Fund tracks federal litigation related to violence against women.
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http://www.legalmomentum.org/
Marital Rape
Kersti Yllo, Ph.D.
In order to fully and adequately respond to men who rape and women who are sexually assaulted, we must focus our attention on forced sex in marriage, not as an additional form of physical battering, but as a significant violation in and of itself, whether accompanied by other violence or not.
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Marital_Rape.pdf
Minnesota's Standards for Batterer's Programs
A Policy Review and Report on Implementation in Hennepin County
Sarah Myott
This report was created as a result of work conducted by the Battered Women's Justice Project and Hennepin County Community Corrections in order to begin work to implement MN Statute 518B.02, which sets minimum standards for batterers' programs used for court-mandated offenders. This report examines the legislation, including its background and context; reports on work done to implement this legislation in Hennepin County, and discusses ideas for policy change and implementation.
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MN_Standards_for_Batterers_Programs.pdf
Model Law Enforcement Policy
Serving and Enforcing Protection Orders and Seizing Firearms in Domestic Violence Cases
National Center on Full Faith and Credit
The purpose of the Model Law Enforcement Policy is to provide policies and standard operating procedures for the following specific areas that may be encountered by a law enforcement agency: service of process/notice to Respondents of protection orders; the enforcement of protection orders that were issued by a court of another State, Indian Tribe, or U.S. territory or possession; the seizure of firearms from persons who are prohibited from possessing firearms pursuant to a protection order, State law, or Federal law; the storage and return of seized firearms; and law enforcement officers who are subject to protection orders or who have been convicted of a misdemeanor crime of domestic violence.
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ModelLEPolicyFINAL.pdf
National Council of Juvenile and Family Court Judges
Family Violence Department
The Family Violence Department improves the way courts, law enforcement agencies, and others respond to family violence, while recognizing the legal, culural, and psychological dynamics involved with the ultimate goal of improving the lives of domestic violence victims and their children. This site also provides a database of state laws on domestic violence.
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http://www.ncjfcj.org/content/view/20/94/
National Network to End Domestic Violence
The National Network to End Domestic Violence's website contains the latest information on federal legislative activity.
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www.nnedv.org/
OVW Giles v. California Statement
Cindy Dyer
Office on Violence Against Women official statement on the Giles v. California case. For more information, please see the BWJP amicus.
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OVW_Giles_Statement.pdf
Primary Aggressor Chart
Compiled by Sandra Murphy and MaryKathleen Fenske, 2008
This is a 2008 compilation of all state statutes that use “primary” or “predominant” or “principle” aggressor language. Only the portion of the statute that applies to primary aggressor or mutual or dual arrest is cited in this chart.
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Primary_Aggressor_Chart_Final.pdf
Procedures for Firearms Surrender
Compiled by Judge Amy Karan and Barbara Hart
The Honorable Amy Karan, Administrative Judge of the 11th Judicial Circuit's dedicated Domestic Violence Court (Protection Order and Criminal) in Miami, FL, has crafted comprehensive procedures and forms related to surrender and return of firearms (including ammunition, and concealed weapons permits); Judge Karan notes that these instructions, procedures, and forms are a work in process and are continuously being re-thought and revised based on new law and practice requirements.
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Firearms_Forms.pdf
Reducing Language Barriers To Combating Domestic Violence
The Requirements Of Title VI
Carolyn Ham
In addition to the usual obstacles to leaving a violent relationship, battered immigrant women face a host of additional issues such as fears about being deported, loss of legal immigration status and cultural barriers to leaving their spouses. But perhaps the most daunting barrier can be their inability to speak and read English.
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Reducing_Language_Barriers_to_Combating_Domestic_Violence.pdf
State Custody Statutes Charts Updated 2008
BWJP
These charts provide a synopsis of each state's custody statutes.
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BWJP_State_Custody_Statutes_2008_part1.pdf
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BWJP_State_Custody_Statutes_2008_part2.pdf
State Legislative Approaches to Bail or Pretrial Release Conditions for Domestic Violence Offenders
Carolyn Ham
This article summarizes and explains various approaches states have taken to increase victim safety through the imposition of release conditions on domestic violence offenders. A chart of state statutes is included.
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State_Approaches_to_ Bail_or_Pretrial_Release_for_DV_Offenders.pdf
Strangulation Matrix
Compiled by the National Center for the Prosecution of Child Abuse in 2007 and the Battered Women's Justice Project in 2008
This chart is a compilation of the strangulation laws in the United States. Updated 2008.
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State_Strangulation_Matrix.pdf
The Evolution of Domestic Violence Theory and Law Reform Efforts in the United States
Loretta Frederick, BWJP
Criminal justice system intervention in domestic violence cases takes place in the context of more than two decades of organizing and legislative change. This history has repercussions for today's practice and informs contemporary reform efforts.
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Evolution_DV_Theory_and_Law_Reform.pdf
VictimLaw
A comprehensive on-line database of state, federal, and tribal victims' rights law and protections; the website offers free, user-friendly access to information that until now has been difficult to find.
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http://www.victimlaw.info/victimlaw/
When Is Arrest Not An Option?
The Dilemmas of Predominant Physical Aggressor Language and the Regulation of Intimate Partner Violence
Trish Erwin
This article explores the philosophical, practical, and legal issues involved in using predominant physical aggressor language in response to addressing intimate partner violence.
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When_is_Arrest_Not_an_Option.pdf
WomensLaw.org
Free access to legal information, including information on restraining orders, custody, divorce, immigration, and tribal law. Also, links to sheriffs' offices, and court forms and instructions on preparing for hearings, etc. All information is state-specific.
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http://www.womenslaw.org/