The Violence Against Women Act: Breaking the Cycle of Violence

Federal action on this front comes at a critical time. A Bureau of Justice Statistics report, based on the National Crime Victimization Survey, confirms that violence against women in America persists:

• In 1992 and 1993, women age 12 or older annually sustained almost 5 million violent victimizations.

• Nearly 75% of all lone-offender violence against women was perpetrated by offenders whom the victims knew.

• In 29% of all violence against women by a lone offender, the perpetrator was an intimate -- a husband, ex-husband, boyfriend or ex-boyfriend.

• Women were about 6 times more likely than men to experience violence committed by an intimate.

• Women annually reported, to interviewers, about 500,000 rapes and sexual assaults. Friends or acquaintances of the victims committed over half of these rapes or sexual assaults. Strangers were responsible for about 1 in 5.

• Women of all races and Hispanic and non-Hispanic women were about equally vulnerable to violence by an intimate.

• Female victims of violence by an intimate were more often injured by the violence than females victimized by a stranger.

The Violence Against Women Act increases penalties for sex offenders and domestic abusers -- doubling the maximum term of imprisonment for repeat sex offenders and authorizing severe federal sentences for abusers who travel interstate with the intent to injure, harass or intimidate a domestic partner or violate a protection order. Initial guidance has been issued to U.S. Attorneys about these new provisions. In May, the Department won its first conviction under the Violence Against Women Act's new interstate domestic violence offense. Christopher Bailey was sentenced to life in prison for kidnapping and interstate domestic violence after his conviction by the US Attorney in the Southern District of West Virginia. Federal prosecutors are also using changes in the Federal Rules of Evidence that broaden the admissibility of evidence that the defendant has committed other similar offenses in federal sexual assault and child molestation cases.

Federal Resources

Over the next five years, a total of $800 million in federal funds is authorized to assist states in restructuring law enforcement's response to crimes of violence against women. All 50 states and eligible territories have received the first installment of funds under the Office of Justice Programs-administered S.T.O.P. (Services*Training*Officers* Prosecutors) Violence Against Women grant program, the only Department Of Justice Violence Against Women grant program funded in Fiscal Year 1995. In keeping with the Act's emphasis on collaboration, the S.T.O.P grants require states to develop a joint strategy among law enforcement, prosecutors and victim service providers. Collaboration is also the focus of a new initiative funded by the Department's Community Oriented Policing Services (COPS) Office. The COPS "Community Policing to Combat Domestic Violence Program" is open to police departments and sheriffs offices interested in applying community policing techniques to fight domestic violence. If appropriated, additional funds will be made for grants to encourage arrest policies and help reduce domestic violence and child abuse in rural areas.

The President announced the opening of the National Domestic Violence hotline, a nationwide, 24-hour, toll-free hotline providing crisis intervention for those in need. Callers can receive counseling and be referred to emergency services and shelters in their communities. The number is 1-800-799-SAFE, and there is a TDD number for the hearing impaired, 1-800-787-3224. Assistance is also available in many languages other than English. The Department of Health and Human Services awarded $1 million to the Texas Council on Family Violence to set the hotline for victims of domestic violence.

Peace of Mind

The Department is successfully implementing a number of provisions designed to stop sex offenders before they strike. Guidelines are being finalized by the Department implementing the Jacob Wetterling Act. This Violent Crime Control and Law Enforcement Act provision provides states with a financial incentive to adopt effective registration systems for convicted child molesters and other persons convicted of sexually violent crimes. The Violence Against Women Act also requires the Attorney General to insure that relevant sex offender treatment information is provided to sex offenders prior to release from prison. The Bureau of Prisons (BOP) has coordinated its efforts with two offender treatment program information clearinghouses in the United States. BOP, together with the U.S. Probation Office, is also ensuring that released sex offenders follow-up with community-based treatment.

Under other Violent Crime Control and Law Enforcement Act provisions, the FBI issued guidelines implementing the National Child Protection Act, which establishes a national background check system for child care providers to determine whether employees and prospective employees have criminal records involving child abuse offenses. Grants recently awarded by the Department of Justice under the National Criminal History Improvement Program (NCHIP) will also assist states in improving the accessibility and completeness of records that may be relevant in background checks under the National Child Protection Act and other laws.

The 1994 Violent Crime Control Act also increases protection to victims of domestic violence. The Act included a provision that makes it unlawful for persons subject to certain restraining orders to possess firearms. The first prosecution under this new provision occurred in South Dakota. The Department is also working with state and local law enforcement groups and United States Attorneys on effective implementation of this law. On a related front, the FBI is creating a national database concerning persons subject to protection orders, which will be available for criminal justice purposes, and to civil courts in domestic violence cases. This database will serve to increase the ability of states to verify the existence of restraining orders throughout the United States and will facilitate implementation of the "full faith and credit" provision, as well.

Victims' Rights and Other Safeguards

The revised Attorney General Guidelines for Victim and Witness Assistance, signed in May, 1995, provide initial guidance on a variety of reforms that enhance the rights of victims of crime in Federal court. These measures include provisions strengthening restitution for victims of domestic violence and sexual assault crimes, payment for sexually transmitted disease testing for victims of sexual assault offenses, and a provision affording victims of violent and sexual abuse crimes the right to address the court at the sentencing of the offender.

The Violence Against Women Act contains other important safeguards that the Department is working to enforce. The Act's "full faith and credit" provision requires states to honor protection orders issued by other jurisdictions. The Department is devising an aggressive strategy for implementation of this protection for battered women who hold protection orders and move to another state, only to have their abusers follow them there. In addition, the Immigration and Naturalization Service has finalized regulations to implement the new federal statute, thus establishing the procedures for self-petitioning by the abused spouse.

In the Violence Against Women Act, the civil rights remedy was designed to complement existing federal civil rights laws which do not protect women from gender-motivated violence. Now, for the first time, victims of gender-motivated violent crimes, e.g. rape and domestic violence, have the right to sue their attackers for damages. We are aware of two cases that have been filed under this provision and are closely monitoring the outcome.

Understanding the Problem

A number of studies authorized under the Act are being finalized -- including evaluation of needed improvements in incidence reporting, a report on the problem of sexual assault on college campuses, a study of the use of battered women's syndrome evidence at trial, and an assessment of ways to protect the confidentiality of address information for victims of domestic violence. The Department of Justice has completed assessments of what states are doing to collect data on these crimes and to protect the confidentiality of communications between sexual assault and domestic violence victims and their counselors. A first annual report focussing on state stalking laws is also imminent. Through grants provided under the Act in the 1996 fiscal year, greater knowledge will also be obtained about the benefits of pro arrest policies. Once completed, all of these Violence Against Women Act studies will provide a more complete and accurate picture of the nature and extent of violence against women and improve our ability to track and respond to these crimes.

Also under the Violence Against Women Act, a panel of the National Academy of Sciences is developing a research agenda to increase the understanding and control of violence against women, including rape and domestic violence. And finally, research evaluation related to violence against women programs will provide important information on the implementation and the impact of the programs for refining and improving various programs designed to address violence against women.

Collaboration

The Department's Violence Against Women Office is headed by Bonnie J. Campbell. Ms. Campbell is responsible for the overall coordination and focus of Department of Justice efforts to combat violence against women. She serves as the Department's primary point of contact for other federal agencies, state and local governments, outside organizations, and Congress. Within the Department of Justice, Ms. Campbell works closely with the COPS Director, Thomas Frazier, and with community police officers to help reduce domestic violence and other crimes against women in America's neighborhoods. She also works extensively with the Department's Office of Justice Programs Bureaus, the Offices of Policy Development and Legislative Affairs, the FBI and the Criminal Divisions, and the 93 U.S. Attorneys, among others.

In July, 1995, a joint Health and Human Services-Department of Justice Advisory Council on Violence Against Women was named and held its first meeting. A second meeting was held in January, 1996. This group of national leaders from a variety of fields and professions will provide the Attorney General and the Secretary of Health and Human Services with practical and general policy advice concerning implementation of the Act. The Violence Against Women Office and the Advisory Council will work together to promote greater awareness of the need for innovative solutions to the problem of violence against women.

The Violence Against Women Office is also spearheading an employee awareness campaign to educate Department of Justice employees about the issue of domestic violence. The campaign includes a training video, information fair, workplace guidelines and educational materials. The Department of Justice program will serve as a model for other federal agencies which were recently directed by the President to initiate workplace awareness efforts on this issue. A Violence Against Women Office home page will also provide access on the internet to the latest information on efforts relating to domestic violence and sexual assault, as well as links to other sources of information on these subjects.

S*T*O*P* Violence Against Women

In Kentucky, battered women travelling outside their local communities had little protection against their abusers. Protective orders in one county were often not enforced in other counties because records of such orders were not readily available.

To respond to this problem, Public Safety Commissioner Mike Troop's office enabled protective orders to be recorded on the Law Informational Network of Kentucky (LINK), a system which was designed to enable law enforcement officers throughout Kentucky to have instant access to arrest records and other criminal justice-related information. Now these officers also have instant access to protection orders issued throughout the state. As a result, enforcement of these orders has increased dramatically.

The Department of Justice S*T*O*P Violence Against Women Grant Program provided $26 million in 1995 directly to states and Indian tribes through the discretionary grant program, as a first step in helping restructure the criminal justice system's response to crimes of violence against women. States, territories, and tribes can use Violence Against Women Act funding to:

• develop and enhance victim services programs (including domestic violence shelters);
  
• train law enforcement officers;
  
• expand the number of personnel in law enforcement and prosecution agencies to target violence against women;
  
• develop more effective policies, protocols, orders and services to prevent violent crime against women; and
  
• apply advanced technology to improve communications and data collection systems to identify and track arrests, protection, and prosecution.

The Impact

The S*T*O*P grant program requires and encourages collaboration between victim advocates, prosecutors, and police -- those who encounter victims of domestic and sexual violence. Each state and territory has developed a comprehensive strategy for combating domestic violence and sexual assault in consultation with representatives from law enforcement, prosecution and victim service programs.

As a condition to receiving grants, states must certify that they will incur full out-of-pocket costs of forensic medical examinations for victims of sexual assault. They must also certify that within two years, victims of sexual assault will bear no costs associated with the filing of criminal charges or protection orders.

Because of the condition for receiving grants, several states have passed laws or changed their administrative procedures to fund all forensic medical examinations for victims of sexual assault, thereby ensuring that criminal investigations in sexual assault cases are funded like all other criminal investigations -- by the state and not by the victim.

S*T*O*P funding could provide such improvements as:

• Crisis centers and battered women's shelters serving tens of thousands of victims a year;
  
• Hundreds of new prosecutors for specialized domestic violence or sexual assault units; or
  
• Hundreds of volunteer coordinators to help run domestic violence hot-lines.

The Success

By the end of July 1995, the Department of Justice awarded $426,364 to each state and major territory. Following these awards, more than 350 delegates from all of the states and territories participated in the Violence Against Women Conference on July 27-29, 1995. Representatives from law enforcement, prosecution, victim services, and state government shared information about the best practices and strategies to enhance collaboration and develop a coordinated response to violent crimes against women.

The Department also has awarded approximately $1 million to tribal governments through the S*T*O*P Violence Against Indian Women Discretionary Grant Program, with the goal of strengthening the response of tribal court systems to violent crimes against women.

The Future

Over the next five years, a total of $800 million in S*T*O*P grant funds is authorized. The formula grants to states will be allocated according to population, with each state guaranteed a base amount.

Federal Offense of Interstate Domestic Violence

In November of 1994, Christopher Bailey of St. Albans, West Virginia beat his wife Sonya until she collapsed. Then he put her in the trunk of their compact car and drove for five days through West Virginia and Kentucky before taking her to an emergency room. Along the way he withdrew over $2400 in cash from their bank accounts, and purchased various supplies, including sweat pants and adult diapers for Sonya. Sonya Bailey suffered irreversible brain damage and remains in a permanent vegetative state.

The Provisions

The Violence Against Women Act establishes new federal offenses in cases like this one where an abuser crosses state lines to violate a protection order or injure, harass or intimidate a spouse or intimate partner. These new federal remedies are important tools in cases where movement across state lines makes state prosecution difficult and where state law penalties may not be tough enough. They also offer important benefits for victims, including strengthened restitution provisions and an opportunity to address the court concerning the danger posed by a defendant prior to any pre-trial release.

The Impact

Victims of domestic violence often seek safety and shelter with friends and relatives living elsewhere. The Violence Against Women Act insures that the law follows an abuser who crosses state lines and will provide victims with protection throughout the United States.

The Success

On May 23, 1995 the United States Attorney for the Southern District of West Virginia won the nation's first conviction under the Violence Against Women Act. And on September 1, Christopher Bailey was sentenced to life in prison for the abuse and kidnapping of his wife Sonya.

This case illustrates the value of federal action against interstate domestic violence. Bailey was arrested in Kentucky, but local police dropped the charges because they were unable to document what had occurred in their jurisdiction. Under West Virginia law, he might have received less than a two-year sentence for his brutal assault.

The United States Attorney for the Eastern District of California won the nation's second conviction under the Violence Against Women Act in December 1995. Ricky Steele beat his domestic partner in Oregon, and then forced her to drive with him to California. On December 11, 1995 Steele was sentenced to 87 months in prison and was ordered to pay restitution of $1,018 for interstate domestic violence.

The Future

Federal prosecutors have initiated other cases under the Violence Against Women Act. In the third reported case brought under the interstate domestic violence provision, on November 8, 1995, prosecutors in the Southern District of Ohio charged Derek Page with beating his girlfriend in Ohio and then kidnapping and transporting her to Pennsylvania.

Most recently, on December 19, 1995, Wayne Hayes was indicted in the Eastern District of New York on charges of traveling interstate with the intention of violating court orders that prohibited repeated harassment of his ex-wife, and repeatedly mailing threatening communications to her. The indictment marks the first use of the Violence Against Women Act provision that prohibits traveling across a state line in order to violate certain protection orders.

The Department of Justice continues to work with state and local law enforcement to combat interstate domestic violence and identify cases where use of these new federal remedies is the most appropriate response.

Similar Crimes Evidence in Sex Offense Cases

Joey Sanza raped and murdered Theresa Cha when she came to meet her husband in the building where Sanza worked. There was extensive physical and circumstantial evidence of Sanza's commission of the crime, and the jury was informed about three other rapes that he had committed in another state. Sanza's other offenses were relevant to help confirm his identity as Theresa Cha's attacker by showing his propensity and capacity to commit sexually violent crimes. Nevertheless, Sanza's conviction for raping and murdering Theresa Cha was reversed on appeal because the jury was told of his other crimes. People v. Sanza, 509 N.Y.S.2d 311 (App. Div. 1986).

The Provision

The Violent Crime Control and Law Enforcement Act of 1994 enacted general rules of admissibility in federal sexual assault and child molestation cases for evidence that the defendant has committed other similar offenses. These evidence rules facilitate the effective prosecution of habitual sex offenders. They provide the basis for informed decisions by juries regarding questions of propensity to commit future crimes in light of the defendant's past conduct.

The Impact

This reform has broader import as a model for law reforms by the states, which prosecute the vast majority of sexual offenses. California has recently enacted an evidence provision for its sexual offense cases that is modeled on the Federal Rules. The Department of Justice facilitated this reform through provision of technical assistance and participation in California legislative hearings.

The Success

Rules for federal sexual offense cases went into effect on July 10, 1995. Federal prosecutors have begun to seek the admission of evidence under these new rules in appropriate cases.

The Future

The Department of Justice will (1) seek to ensure judicial interpretations and applications of the new federal evidence rules that are faithful to Congress's intent in enacting this reform, and (2) continue to assist and encourage additional states to adopt comparable reforms.

Sex Offender Registration and Community Notification

On July 29, 1994, a seven-year-old New Jersey girl, Megan Kanka, was sexually assaulted and murdered by a twice-convicted sex offender who moved in across the street from her family. Promising to show her his new puppy, the defendant lured Megan to his home and subsequently raped and killed her. Her body was later found nearby. At the time, there were no state law provisions for notifying local law enforcement or the community concerning a sex offender's criminal history or presence in the neighborhood.

The Provision

The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act provides states with a financial incentive to adopt effective registration systems for convicted child molesters and other persons convicted of sexually violent crimes. Community notification concerning the location of registered offenders is permitted where necessary for public safety.

The Impact

Most states have some form of sex offender registration but few regularly verify an offender's address. The Jacob Wetterling guidelines will provide minimum national standards and will help state law enforcement agencies communicate with each other regarding sex offenders who cross state lines.

In general, registration systems help the investigation of sex crimes by informing the authorities of the identities and whereabouts of convicted sex offenders. These systems may also inhibit offenders -- who know that the authorities know who they are and where they are -- from committing additional crimes. Community notification enables communities to take common sense measures to protect themselves and their families, such as ensuring that their children do not associate or visit with known child molesters.

The Success

The Department of Justice published proposed guidelines for state registration systems in April 1995. Following one extension of time, the comment period closed on October 30, 1995. The final guidelines are under expedited review by the Department and will be issued in the very near future.

The Department of Justice has also participated in state and federal litigation defending the validity of "Megan's Law," the New Jersey sex offender registration and notification system. The Department has participated in several legal challenges to Megan's Law, seeking to protect the federal interest in promoting state sex offender registration laws.

On July 25, 1995, the New Jersey Supreme Court upheld Megan's Law, adopting the position advocated by the state and the federal government that Megan's Law is constitutional. The U.S. Court of Appeals for the Third Circuit Court heard oral arguments on Megan's Law in October, and the Department of Justice is awaiting the court's decision.

The Department also has participated in litigation defending the validating of sex offender registration and notification systems in New York and Connecticut.

The Future

The Department of Justice will work to encourage and assist the states to adopt effective sex offender registration systems. The Department will also continue to participate in litigation defending the constitutionality of state registration systems.

Background Checks for Child Care Providers

In 1972, Eric James Long was convicted of molesting a child. In 1980, he was convicted of molesting a second child he coached in soccer for a county recreation department. In 1985, he pleaded guilty to child abuse and sex offense charges related to allegations that he had abused numerous children at the school where he worked as a gymnastics instructor and in his neighborhood. The school, which had hired Long in 1978, had no knowledge of his offenses, and no means existed for obtaining criminal history information on employees or prospective employees. Washington Post, Feb. 5, at A1, Sept. 6, at C7 (1985).

The Provision

The National Child Protection Act, enacted in 1993, establishes a national background check system that enables child care providers to determine whether employees and prospective employees have criminal records involving child abuse offenses. As a result of amendments adopted by the Violent Crime and Control and Law Enforcement Act of 1994, the National Child Protection Act system also covers background checks for elder care and providers of care to persons with disabilities.

The Success

The FBI issued guidelines in July that implement the National Child Protection Act. Currently, 38 states have approved statutes that will enable them to access national criminal history records information in child care background checks. Eight states have approved statutes of this type relating to care of the elderly, and 13 states have approved statutes relating to providers of care to persons with disabilities.

One hundred million dollars has been appropriated in fiscal year 1995 for the National Criminal History Improvement Program (NCHIP). NCHIP assists states in improving the accessibility and completeness of records that may be relevant in background checks under the National Child Protection Act and other laws. The funding includes $88 million for direct awards to states to automate and improve their criminal history records. The Department of Justice has awarded grants totaling more than $69 million to 47 states as part of NCHIP, and it is expected that every state will receive an NCHIP award this fiscal year.

The Future

The Department of Justice will continue to encourage and assist states to adopt and obtain approval of statutes enabling them to participate fully in the background check system under the National Child Protection Act, and to provide funding assistance as appropriated to states to automate and upgrade criminal records relevant to such background checks.

Federal Remedies for Battered Immigrant Women and Their Children

Cecilia, from South America, has been married to Jose, a lawful permanent resident, for 18 years. Together they have eight children born in the United States, ranging in age from one to 18. While Jose once began the process of obtaining lawful permanent resident status for Cecilia, he later withdrew the petition. Throughout their relationship, Jose has been physically violent to Cecilia. His abuse of her was both physical and mental. He hit her in the abdomen when she was pregnant, and at other times bruised and beat her. Jose also restrained her physical freedom and access to financial assets. He threatened to kill her if she ever left him. Jose was physically abusive to the children also, and is believed to have sexually abused at least two of them. Nevertheless, Cecilia was afraid to leave because of her dependence on her husband to obtain lawful permanent resident status for her.

Cecilia and the children did finally leave Jose. She currently lives in fear of both her husband and the INS. She is having a difficult time finding housing and a means of supporting herself.

The Provision

The Violence Against Women Act establishes new federal remedies for abused immigrant spouses and children. Specifically, battered women are now eligible to apply for permanent resident status for themselves and their children and are no longer forced to rely on their abusive husbands to apply for such status.

The Impact

Immigrant women and children who are battered face unique obstacles. In addition to the physical violence, the threat of deportation or release of information about legal status has been used as a control mechanism to instill fear and dependency and to lock the abused person into the relationship. Prior to the new federal statute, immigrant spouses were dependent on their citizen or permanent resident spouses to petition on their behalf for permanent resident status. Spouses could withdraw the request at any time.

The Success

The Immigration and Naturalization Service has finalized regulations to implement the new federal statute, thus establishing the procedures for self-petitioning by the abused spouse.

The Future

Under the new law, women like Cecilia will be able to file their own petitions for lawful permanent resident status for themselves and for their children.

Confidential Communications for Rape Victims

In June 1994, the state supreme court ordered the YWCA in Springfield, Massachusetts, which administers a rape crisis counseling program, to provide confidential files to defense counsel in a rape case. Although the YWCA sought to protect the victim's privacy and initially defied the court order, the center eventually turned over the records as contempt penalties mounted. The center's attorney said that while legal advocates have been seeking and winning legal protections for rape counselors, only a few states grant rape counselors a testimonial privilege comparable to that of a doctor or priest. She said "Rape crisis centers can't function without confidentiality. [V]ictims must choose between prosecution and healing. If they choose prosecution, they must suffer in silence" as defendants gain access to information they have confided to their counselors. (Washington Post, June 24, 1994)

The Provision

The Violence Against Women Act requires the Department of Justice to study and evaluate the manner in which states have taken steps to protect the confidentiality of communications between sexual assault and/or domestic violence victims and their counselors.

The Impact

Often when a woman who has been victimized by sexual assault or domestic violence seeks help from a counselor to deal with the crime's shattering effect on her life, she finds herself victimized again when a defense attorney issues subpoenas for her counseling records. Because many sexual assault and domestic violence counselors are not psychologists or psychotherapists, they cannot claim testimonial privileges found in most state statutes.

Victims must be able to communicate freely with their counselors, secure in the knowledge that the private thoughts they reveal during counseling will remain confidential. Without assurances of confidentiality, sexual assault and domestic violence victims will continue to be reluctant to contact rape crisis centers or battered women's shelters, and to report crime and otherwise aid in the prosecution of their attackers. Establishing statutory testimonial privileges for sexual assault and domestic violence counselors will help ensure that these important communications will remain confidential.

To date, 27 states and District of Columbia have enacted statutes that protect these confidential communications. These statutes differ in the degree to which confidential communications are protected from disclosure and in whether they address both sexual assault counselors and domestic violence counselors.

The Success

The Department has completed its report which includes a state-by-state survey and will soon release the results. The Department has also developed model statutes that provide the maximum protection possible for the confidentiality of such communications.

The Future

The Department of Justice will disseminate model legislation and report, to governors, attorneys general and legislators in states where these communications are not protected, encourage those states to adopt legislation. The Department plans to engage in efforts to raise the awareness of victims, advocates, counselors and attorneys, and evaluate the necessity for judicial training on this issue. The Department will also review the Judicial Conference of the United States's report, if any, on the need for amendments to the Federal Rules of Evidence to guarantee that the confidentiality of communications between sexual assault victims and their counselors will be adequately protected in federal court proceedings.

Full Faith and Credit

In February 1993, a woman living in Metropolis, Illinois went to court to obtain a protection order against her abusive live-in boyfriend. Upon her return home from court, police searched the woman's home to check that her boyfriend was not on the premises and that her safety was assured. After the police departed, the boyfriend left his hiding place in the ceiling of the woman's home and threatened her. The boyfriend was not arrested because the police had not witnessed the violation of the protection order. A few months later, he severely beat her.

Officials at the Metropolis Domestic Violence Center immediately and covertly relocated the woman to Paducah, Kentucky, a larger town just over the Ohio River from Metropolis. Shortly thereafter, the woman was beaten and her Paducah apartment was destroyed by arson. The woman's boyfriend was convicted and sent to jail for the beating.

After a few months in jail in April 1995, he was released and followed the woman to a Paducah gas station. He then kidnapped, beat and sexually assaulted her. When the woman was found in Kentucky, local police declined to arrest the boyfriend because they deemed the Illinois protection order to be invalid within the Kentucky borders. The woman's boyfriend was never arrested for the assault and the woman was told her only relief would be to seek an emergency protection order in a Kentucky court.

When the Metropolis Domestic Violence Center questioned the Paducah Police as to why the woman's Illinois protection order had not been upheld under the Full Faith and Credit provision of the Violence Against Women Act, they responded that they had never heard of such a provision. As a result, the Illinois Attorney General issued a two page fact sheet describing the major provisions of the Violence Against Women Act, including Full Faith and Credit. The sheet has since been posted on the bulletin boards of local police stations. The woman has relocated again but continues to live in fear for her safety although the police are aware of her situation.

The Violence Against Women Act provides that a civil protection order issued by the court of one state or tribe shall be accorded full faith and credit by the court of another state or Indian Tribe, and shall be enforced as if it were the order of the court of the second state or tribe. Failure by the issuing state to satisfy due process requirements will not entitle a protection order to full faith and credit. Mutual protection orders are not entitled to full faith and credit if a cross or counter petition, complaint or other written pleading has not been filed seeking such a protection order or if a cross or counter petition has been filed and the order was issued upon a showing of mutual abuse. The issuing court must have had both personal and subject matter jurisdiction and the respondent must have received reasonable notice and an opportunity to be heard for the provision to be in effect.

The Impact

Prior to the enactment of the Violence Against Women Act, a victim with a protection order often could not use that order as the basis for protection if the victim went to work, traveled or moved to most other states. Under this provision, the second state must afford full faith and credit to an order issued by another jurisdiction, even if the victim otherwise would be ineligible for protection in the new state. A victim does not have to wait for abuse to occur in the new state nor does a victim need to be concerned if he or she cannot meet its jurisdictional requirements. Furthermore, a victim does not have to register a protection order in the new state -- the protection order of the issuing state should provide continuous protection to the victim.

The Success

The Department has made the implementation of full faith and credit a top priority. An internal working group has been established and guidance on the full faith and credit provision of Violence Against Women Act has been distributed to all U.S. Attorneys' offices.

The Department has awarded funding to the Battered Women's Justice Project for a cooperative agreement to support the development of models, tools, technical assistance, training, and a resource clearinghouse to facilitate the implementation of the full faith and credit provision of Violence Against Women Act.

The Department has awarded funding to the state of Kentucky for a regional pilot project to test interstate and intrastate verification systems for facilitating the street level enforcement of protection orders.

The Future

The Department of Justice has adopted an aggressive multi-faceted implementation campaign involving federal leadership through outreach, research and the provision of training, technical assistance and opportunities for collaboration at the national and state or district levels.

In addition, the National Crime Information Center Protection Order File, which the FBI is working to have states linked to by 1998, will provide information on protection orders for use in domestic abuse cases and interface with the National Instant Criminal Background Check System to support the identification of persons who are prohibited from purchasing a firearm. This system will further facilitate the implementation of full faith and credit for protection orders.

Firearms Disability Provision

On October 18, 1994, Robert M. Goben, of South Dakota, became subject to a court order restraining him from harassing or threatening his estranged wife. Consequently, a new federal law applied that prohibited Mr. Goben from possessing a firearm while the restraining order remained in effect. Approximately five months later, while still subject to the restraining order, local police discovered that Mr. Goben possessed a loaded .22-caliber magnum revolver. Mr. Goben was arrested and on September 11, 1995, pled guilty to illegally possessing a firearm in violation of federal law.

The Provision

The Violent Crime Control and Law Enforcement Act of 1994 makes it unlawful for any person subject to a court order restraining that person from harassing, stalking, or threatening an intimate partner or the child of an intimate partner, to possess firearms or ammunition. Intimate partners include spouses or former spouses but not girl friends or boy friends with whom the defendant has not cohabited. This, like other federal firearms disabilities, exempts on-duty, federal or state law enforcement officers and members of the military.

The Impact

The firearms disability provision provides security to victims who can now rest assured that their abusers can be arrested if they attempt to purchase or possess firearms during the period of the restraining order.

The Success

On January 22, 1995, Mr. Goben was sentenced to twelve months in prison followed by two years of supervised release during which time he is to have no contact with his now former wife. Following the Goben case, federal prosecutors in the Northern District of Iowa brought another case under the new federal law. On October 24, 1995, Shawn A. Hungate, 25, of Fort Dodge, Iowa, was charged with illegally possessing a firearm while subject to a restraining order. According to the complaint, while subject to a "no contact order," Hungate purchased a firearm at a Wal-Mart in Fort Dodge. When purchasing the firearm, Hungate allegedly answered "No" to a question on a government form regarding whether he was subject to a restraining order. The complaint also alleges that Hungate shot himself in the shoulder with the firearm and proceeded to his wife's place of employment and began yelling for her. If convicted on the firearms charge, Mr. Hungate faces up to ten years in prison and a $250,000 fine or both.

The Future

The Department of Justice is working with state and local law enforcement groups to implement the spirit as well as the letter of the firearms disability provision without hampering law enforcement. In that regard, the Department of Justice is developing guidelines for application of the provision to Department of Justice law enforcement officers, which might serve as a model to local law enforcement.

Grants to Encourage Arrest Policies

Police officers traditionally have been reluctant to become involved in domestic violence disputes, largely because such calls for police assistance are among the most complex and sensitive -- and potentially dangerous -- situations police must respond to. Law enforcement officers may not take affirmative steps on behalf of the victim because they have not been trained to identify patterns of abuse or to provide immediate support and protections a victim requires (e.g., short and long-term medical care, safe shelter, counseling, safety planning, legal advocacy, and long-term treatment for the batterer).

Additionally, officers who are the "first responders" are often without the benefit of the clarity and authority that a departmental protocol for responding to such incidents offers. A clear policy on arrest can mitigate this problem, which often puts police officers in difficult situations.

However, the arrest of a perpetrator at the scene will not necessarily stop the violence, nor guarantee the safety of the victim. A strong pro or mandatory arrest policy must be accompanied by a community and criminal justice system which also takes a strong stand against domestic violence and makes every attempt to provide safety for the victim.

The Provision

The Department's Grants to Encourage Arrest Policies, a new program funded in Fiscal Year 1996, helps states, localities and tribal governments treat domestic violence as a serious criminal offense. This program recognizes that for mandatory arrest to be a fully effective intervention, it must be part of a coordinated, integrated criminal justice response to domestic violence with consistent follow-through by victim service providers, prosecutors, and judges.

The Impact

Mandatory arrest and pro arrest policies are critical elements of an overall community strategy to address domestic violence. A mandatory arrest policy requires that police must arrest a domestic assault offender whenever the officer determines that a crime has been committed and probable cause for arrest exists. The primary goal of these policies and the immediate and primary responsibility of the arresting officer must be to ensure the safety of the victim.

Currently, 27 states and the District of Columbia have adopted laws requiring the arrest of a person when there is probable cause that he or she has assaulted a family member or has violated a domestic violence protection order. Pro arrest or mandatory arrest policies convey a message to the victim, the family, and the community that domestic violence is a serious crime that will not be tolerated.

Rural Domestic Violence and Child Abuse Enforcement

If a domestic violence victim in rural areas of Western Massachusetts decides she wants to obtain assistance, she may face many obstacles. With very few patrol police officers in small rural communities, it may be too late once a call for assistance is answered. And if a victim were to report domestic violence, she would live with the fear that an entire tight-knit community will know about the abuse. Lastly, staff at the local domestic violence shelter and sexual assault program, New England Learning Center for Women in Transition, in Greenfield, Massachusetts, speaks of problems maintaining the confidentiality of their shelter within this small community.

This Fiscal Year 1996 grant program addresses the issues of domestic violence and child abuse in rural states. These grants will encourage development of collaborative efforts, creation of training programs for "front-line" agencies and personnel (such as law enforcement, shelter workers, health care providers, and clergy), creation of public awareness and community education campaigns, and expansion of direct services for rural and Native American victims and their children. A variety of entities, including states, tribal and local governments, and public and private organizations in rural states, are eligible to receive funding.

The Impact

Few statistics exist on the extent of domestic violence and child abuse in rural communities. The limited statistics available reflect only the women and children who have succeeded in accessing services, but there is no reason to assume that these problems are less common in rural areas. Instead, it is more likely that the isolation and culture of rural communities discourage victims from reporting abuse.

Geographic isolation, culturally close communities, and lack of domestic violence information and services (including availability of civil and criminal remedies) are among the problems unique to rural areas. Victims in rural areas also may not trust an "outside" system to protect them from their abusers and may continue to live in emotional isolation rather than seeking help. Rural areas in the United States also are experiencing growth in immigrant communities, which may be further isolated as a result of language and cultural barriers.

Community Oriented Policing Services to Combat Domestic Violence

When Jackie, a 39-year-old assistant in an Alexandria, Virginia consulting firm, went to the hospital with a black eye and cuts needing stitches in 1992, she told the nurse that her husband had caused her injuries. Jackie asked the nurse not to call the police because she feared retaliation from her husband. But once the police came, she said, they made it easy for her to get help. They charged her husband with abuse and later escorted her back home and to the city's shelter for battered women. With counseling from the shelter, Jackie was able to get a protective order from the court and return to her apartment without her husband being there. The court ordered him into an anger management program, and she and her three children continued to receive free counseling from the shelter. "Had I not known about the shelter, I would probably be in a violent relationship today," Jackie said. Washington Post, Sept. 9, at B4 (1995).

The Provision

To fulfill part of the Violent Crime Control and Law Enforcement Act of 1994, the COPS (Community Oriented Policing Services) Office works to place an additional 100,000 law enforcement officers on the street and promote community policing. The Community Policing to Combat Domestic Violence Program, initiated as part of the COPS Office, provides law enforcement agencies with a unique opportunity to execute well-planned, innovative strategies employing community policing to combat domestic violence. To be eligible for this funding, police departments and sheriffs offices must partner with non-profit, non-governmental victim service programs, domestic violence shelters, or community service groups to coordinate efforts to fight domestic abuse. Twenty million dollars is available through this grant program to all state, local, Indian Tribal, and other public and private law enforcement agencies which are committed to using community policing to address domestic violence.

The Impact

Domestic violence was the second highest reported crime for COPS FAST grant applicants, second only to property crimes. As a few jurisdictions have already learned, community policing, a strategy which emphasizes problem solving and community partnership, can be an effective weapon in the fight against domestic violence.

The Success

Less than 12 months after its inception, the COPS office authorized funds to add more than 25,000 community law enforcement officers on the street - a quarter of the goal after just one year of the six-year program. As of March of 1996, funds for more than 33,000 officers had been authorized. Flexible and innovative COPS grants have helped fiscally-strained departments pay for new technology and equipment, as well as administrative staff and officer overtime to free up more rank and file officers to walk the beat. The COPS program customer response center has cut red tape, simplified procedures, and delivered funds directly to police departments with no middleman.

The latest innovative COPS initiative, the Community Oriented Policing to Combat Domestic Violence Program, has generated tremendous interest. In response to thousands of inquiries from law enforcement agencies nationwide, the Department doubled the amount of funds available under this COPS program from $10 million to $20 million.