A Practitioner's Guide to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Custody Tools Series

National Center on Full Faith and Credit

This is a 2-page guide on the UCCJEA.

View Article » uccjea revised 10-08.pdf

American Bar Association Statutory Summary Charts

These charts summarize statutes from all 50 states regarding domestic violence, sexual assault, stalking, dating violence and trafficking.

View Website » 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

View Article » DVLEAP Amicus Brief in Robertson.pdf

An Approach to Legal Advocacy for Individual Battered Women

Jill Davies, Greater Hartford Legal Assistance, Inc. Posted with permission.

This chapter was developed for non-lawyer advocates working with individual battered women. Effective legal advocacy requires a thorough understanding of the law, the courts, and domestic violence.

View Article » Approach_to_Legal_Advocacy.pdf

Center for Court Innovation Child Support Protocol

Liberty Aldrich and Judge Judy Reichler, for the Center for Court Innovation

A guide for integrated domestic violence courts

View Article » http://www.courtinnovation.org/_uploads/documents/child_support.pdf

Civil Tort Suits and Economic Justice for Battered Women

By Barbara Hart, Esq. and Erika Sussman, Esq.

This article provides tort lawyers considering representation of domestic violence victims with a foundation to develop their cases in a manner that attends to their clients particular financial needs, incorporates the context of their clients' experiences, and results in an award of damages that adequately accounts for the losses and injuries resulting from the abuse. *Posted here with permission from Victim-Advocate*

View Article » CivilTorts_EconomicJustice.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.

View Article » Confidentiality_Advocates_Guide.pdf

Crime Victim Compensation

Policy Paper Series

Barbara Hart, Esq., BWJP

This paper examines the context and gives an overview of the Victims of Crime Act; also considers policy implications.

View Article » Crime_Victim_Compensation.pdf

Effective Interventions in Domestic Violence Cases

Context is Everything

Loretta Frederick, BWJP

In order to ensure that criminal justice system interventions are effective in holding offenders accountable and protecting victims from harm, the context in which each act of domestic violence occurs must be understood.

View Article » Effective_Interventions_Context_is_Everything.pdf

Family Violence Prevention Fund

The FVPF breaks new ground by reaching new audiences including men and youth, promoting leadership within communities to ensure that violence prevention efforts become self-sustaining, and transforming the way health care providers, police, judges, employers and others address violence.

View Website » http://endabuse.org/

Injustice Defined

Why Battered Women Cannot And Should Not Be Charged With Violating Civil Protection Orders That Were Issued At Their Request

Carolyn Ham

This memo provides advocates and attorneys with arguments against charging and convicting women with the violations of their own civil protection orders.

View Article » Injustice_Defined.pdf

Key Provisions of UCCJA, PKPA, UCCJEA, and ICWA and Improvements Made by the UCCJEA for Battered Women

National Center on Full Faith and Credit

Child custody flow chart

View Article » Child custody flow chart.pdf

Michigan Judicial Institute: Domestic Violence Benchbook

A Guide to Civil and Criminal Proceedings, 3rd Edition

A link to a bench book for civil and criminal domestic violence proceedings.

View Website » http://www.courts.michigan.gov/mji/resources/dvbook/dvbook.htm

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.

View Article » ModelLEPolicyFINAL.pdf

National Judicial Institute on Domestic Violence: Enhancing Justice

Another service provided by the Family Violence Prevention Fund, geared to judicial education.

View Website » http://endabuse.org/section/programs/judicial

Potential Collateral Consequences of a Conviction for Misdemeanor Domestic Assault

Carolyn Ham, BWJP

This handout outlines many of the possible collateral consequences of a conviction for misdemeanor domestic assault in areas such as housing, immigration, and family court.

View Article » Potential_Collateral_Consequences.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.

View Article » Firearms_Forms.pdf

Requisites for Any Court Handling Domestic Violence Cases

BWJP

A document compiled by the planning committee for BWJP's April, 2001, Dedicated Courts Training

View Article » Requisites_for_Courts_Handling_DV_Cases.pdf

Responsible Attorneys

Seeking Justice for Battered Women in Protection Order Cases

BWJP Civil Office

This brochure elucidates what a victim of abuse can and should expect from her attorney when she seeks a protection order.

View Article » Responsible_PO_Attorneys.pdf

State Custody Statutes Charts Updated 2008

BWJP

These charts provide a synopsis of each state's custody statutes.

View Article » BWJP_State_Custody_Statutes_2008_part1.pdf
View Article » BWJP_State_Custody_Statutes_2008_part2.pdf

The Dangers of Presumptive Joint Physical Custody

Gabrielle Davis, Kristine Lizdas, Sandra Tibbetts Murphy, Jenna Yauch

This article details the problems that arise for victims of domestic violence and their children from legal presumptions for joint physical custody, and strongly advocates against such legal presumptions.

View Article » Dangers_of_Presumptive_Joint_Physical_Custody.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.

View Article » Evolution_DV_Theory_and_Law_Reform.pdf

The Responsibilities of Protection Order Judges and Courts

BWJP Civil Office

This brochure will describe a victim's legal rights and the Judge's professional responsibility in Protection Order Court.

View Article » Responsibilities_PO_Judges_Courts.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.

View Website » http://www.victimlaw.info/victimlaw/

Winona County Child Custody Safety and Accountability Audit Report

Local Safety Audit Coordinators: Loretta Frederick, Sr. Legal and Policy Advisor, BWJP and Valerie Williams, Women's Resource Center of Winona, MN

The Winona County Child Custody Safety and Accountability Audit explored the question: How is the safety and well-being of victims of domestic violence and their children addressed and promoted in the process of resolving child custody matters in Winona County, MN? This Audit report, the first to address family court child custody cases, consists of key findings and recommendations.

View Article » Winona_Custody_Audit_Report.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.

View Website » http://www.womenslaw.org/