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Violence Against Women Act

Violence Against Women Act


The 1994 Violence Against Women Act (VAWA), with additions passed in 1996, established grant programs to prevent violence against women and provided a national domestic violence hotline. Furthermore, additional 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.
According to the VAWA, 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)[9]). 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.
The act also 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. In the past, 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.

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    October 07, 2008
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