NCJ Number
206917
Date Published
2004
Length
16 pages
Annotation
This guide provides an overview of the full faith and credit (to honor and enforce) provision for protection orders issued by other jurisdictions for the protection of victims of domestic violence and required under the Federal Violence Against Women Act (VAWA), specifically the development of forms or in the petitioning for protection orders involving prosecutors.
Abstract
The Violence Against Women Act (VAWA) of 2000 requires jurisdictions to give full faith and credit to protection orders issued by other jurisdictions. Full faith and credit means that jurisdictions must honor and enforce protection orders. Full faith and credit has explicit meanings for the victims, prosecutors, judges, advocates, and abusers. All 50 States, Indian tribal lands, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, American Samoa, the Northern Mariana Islands, and Guam are covered by the full faith and credit provision. The full faith and credit provision applies to enforceable civil and criminal protection orders issued by tribes or States, whether ex parte, after a hearing or by agreement. However, the VAWA did not provide for the recognition of full faith and credit for protection orders on military installations. This guide, supported by VAWA, Office of Justice Programs, U.S. Department of Justice, was developed for prosecutors regarding the issuance and enforcement of protection orders and for explicitly the full faith and credit for protection orders as related to issuance and enforcement. Issues addressed include: (1) crafting an enforceable order and facilitating protection; (2) enforcing a protection order issued in another jurisdiction; (3) charging decisions; (4) preliminary arraignment/bail hearing; (5) trial preparation; (6) sentencing; and (7) post-sentencing follow-up. In addition, it is stressed that State and tribal prosecutors cannot ensure that protection orders will protect victims of domestic violence or that violators will be appropriately sanctioned, and law enforcement personnel, victim-witness specialists, community-based victim advocates, Federal prosecutors, and court personnel play a critical role and prosecutors must work closely with these individuals to be effective. The guide presents provisions of Federal firearm prohibitions, VAWA’s full faith and credit provision, and Federal domestic violence crime provisions.