And Then There Was One: A Recent Minnesota Supreme Court Decision Has Left Pennsylvania as the Only State That Disallows Expert Testimony to Explain Victim Behavior, Issue #1 (PDF)
On March 24, 2011, the Minnesota Supreme Court clarified that in sexual assault cases, the prosecution can admit expert opinion testimony to explain the typicality of delayed reporting, lack of physical injuries and the reasons therefore, and passive resistance by victims during the attack. The prosecutors in State v. Obeta, did a skillful job of creating a strong trial court record that inevitable led the Minnesota Supreme Court to logically conclude that expert testimony is admissible and necessary to explain common victim behavior in sexual assault cases. This case note will explain the holding in Obeta and outline the prosecution's successful strategy to bring Minnesota in line with almost every other American jurisdiction to permit the admissibility of expert testimony to explain c0ommon victim behaviors in sexual assault cases.
Annual Report on Lesbian, Gay, Bisexual and Transgender Domestic Violence in 2000 (PDF)
This report describes incidents of domestic violence in the lesbian, gay, bisexual, and transgender (LGBT) community that were reported during the year 2000 to community-based anti-violence organizations in nine regions throughout the U.S.
Annual Report on Lesbian, Gay, Bisexual, Transgender Domestic Violence in 1998
The purpose of this report is to investigate the following research questions and to summarize findings: 1) How prevalent is domestic violence among lesbian, gay, bisexual, and transgender people? 2) Do state statutes permit victims of same-sex domestic violence to obtain domestic violence protective orders? Footnotes are downloadable in Microsoft Word as well.
Balancing Obligations: Serving Teen Victims and Mandated Reporting of Statutory Rape
This issue brief addresses the importance of preserving confidentiality while working with teen victims of abuse, at the same time fulfilling the service provider's legal duties.
Conozca sus derechos: Violencia doméstica y vivienda asistida
¿Es víctima de violencia doméstica, violencia en el noviazgo o acecho? ¿Vive en una vivienda pública, en una vivienda del Artículo 8 o en una vivienda de apoyo para ancianos o discapacitados? Una ley llamada VAWA (siglas en inglés), la Ley sobre la Violencia contra las Mujeres, puede ayudarla.
Domestic Violence Civil Protection Orders (CPOs) By State (PDF)
A chart that lists domestic violence civil protection orders (CPOs) by state.
Domestic Violence, Sexual Assault & Stalking Prevention and Intervention in Rural Native American Communities: Training, Research and Education Programs
A comprehensive training manual for rural Native American communities addressing domestic violence, sexual assault and stalking through training, research and educational programming. Note: This document provides a general overview. When developing a plan for your community, look to your own tribal codes and state and federal laws concerning confidentiality and explore methods which can be used in the civil or criminal justice arenas which would enhance victim safety.
Full Faith and Credit Enabling Legislation and Registry Information
The following document provides information about individual states' laws and policies regarding restraining orders, the registration thereof and reciprocity between states. Registry information is also provided for the District of Columbia.
Housing Rights of Survivors with Disabilities (PDF)
"Common housing issues that survivors with disabilities face; housing rights and protections available for survivors with disabilities; and using reasonable accommodation laws to advocate for survivors’ housing needs."
Human Trafficking and the T-visa (PDF)
This document provides an overview of human trafficking and the T-visa.
Impact of the Law on Service to Teens
This issue brief discusses the challenges that laws at the state and federal level pose, how they can impact the way service providers serve teens and how teens respond to adult interventions. Suggested strategies are given for programs and agencies working to serve teen victims of abuse.
Interstate Child Custody: A practitioner's Guide to the Parental Kidnapping Prevention Act (PKPA) 28 U.S.C. § 1738A
An information sheet on the Parental Kidnapping and Prevention Act and how it relates to cases of domestic violence.
Interstate Child Custody: A Practitioner's Guide to the Uniform Child Custody Jurisdiction Act (UCCJA) (PDF)
An information sheet on the the Uniform Child Custy Jurisdiction Act (UCCJA) and how it relates to cases of domestic violence.
Key Provisions of UCCJA, PKPA, UCCJEA, & ICWA and Improvements Made by the UCCJEA for Battered Women (PDF)
This document provides a flow chart of various child custody laws in the United States, with a special focus on state and tribal court jurisdictions.
Know Your Rights: Domestic Violence and Assisted Housing
Are you a victim of domestic violence, dating violence, or stalking? Do you live in public housing, Section 8 housing, or supportive housing for the elderly or disabled? A law called VAWA, the Violence Against Women Act, may help you.
Know Your Rights: Sexual Harassment and Housing
Have you experienced unwanted touching, unwanted sexual advances, sexual jokes, comments, or gestures in your rental housing? Fair housing laws may help you.
Overview: Name Change Laws (PDF)
This an overview of name change laws.
Penalties for Interstate Stalking, Interstate Domestic Violence, Interstate Violation of A Protection Order
Descriptions of statutes and penalties for violations.
Progress Report on Full Faith and Credit Enabling Legislation: 2000
Although the full faith and credit provision of the Violence Against Women Act (VAWA) explicitly directs states, union territories, and Indian tribes to enforce protection orders issued by sister states, territories, and tribes, it does not prescribe any specific enforcement procedures but instructs them to establish their own. This chapter provides a comprehensive view of the impact of the provision upon various jurisdictions.
Protecting the Housing Rights of Domestic Violence Survivors (PDF)
This outline covers the housing provisions of the Violence Against Women Act and protections available for domestic violence survivors under fair housing laws.
Sexual Assault Civil Protection Orders by State (PDF)
A chart that lists sexual assault civil protection orders (CPOs) by state.
Should Childhood Exposure to Adult Domestic Violence Be Defined as Child Maltreatment Under the Law?
Published as a chapter in Protecting Children From Domestic Violence: Strategies for Community Intervention (2004), this article reviews the research on childhood exposure to domestic violence and emerging laws aimed at protecting these children. The author concludes with an argument against assuming that childhood exposure to violence is automatically a form of child maltreatment and suggests the need to modify child protection services and the expansion of primarily voluntary community-based responses to these children and their families.
Stalking in Indian Country
This document provides information about stalking in Indian Country, barriers to relief, tribal anti-stalking codes and relevant federal codes.
State and Territorial Full Faith and Credit Statutes (PDF)
This document provides general FFC provisions, definitions, and filing/registration information by state and territory. It also provides law enforcement and court enforcement procedures by state and territory.
The Full Faith and Credit Project
An overview of the Full Faith and Credit Project, including their history, mission, and plans for the future. Updated June 2000.
The Impact of Parental Kidnapping Laws and Practice on Domestic Violence Survivors
This report demonstrates how parental kidnapping laws effect domestic violence survivors.
Tribal Law Enforcement Protocol Resource: Sexual Assault Guide for Drafting or Revising Tribal Law Enforcement Agency’s Protocols Responding to Sexual Assault (PDF)
"This guide for drafting or revising tribal law enforcement agency’s protocols responding to sexual assault (including a model sexual assault protocol) is a tool for improving the investigation of sexual assault crimes."
Tribal Legal Code Resource: Domestic Violence Laws (PDF)
This guide for drafting or revising victim-centered tribal laws against domestic violence is written with a philosophy that tribal laws should reflect tribal values. In addition, writing a tribal law usually requires careful consideration of how state and/or federal laws might apply in the community. This resource guide includes sample language and discussion questions which are designed to help tribal community members decide on the best laws for their community.
Tribal Legal Code Resource: Sexual Assault and Stalking Laws Guide for Drafting or Revising Victim-Centered Tribal Laws Against Sexual Assault and Stalking (PDF)
"This guide for drafting or revising victim-centered tribal laws against sexual assault and stalking is written with a philosophy that tribal laws should reflect tribal values."
U Visa Update: Practice Pointers on New CIS Policies (PDF)
This PowerPoint gives an overview of U Visa issues as discussed with the US Bureau of Citizenship and Immigration Services (CIS) and provide practitioner's tips on new developments and updates.
VAWA 2005 Immigration Provisions (PDF)
This is a brief overview of the VAWA 2005 immigration provisions.