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DOMESTIC VIOLENCE, SEXUAL ASSAULT, STALKING & DIVORCE

 

See Also the Web Page "Georgia Family Violence"


Full Faith and Credit Provisions of the Violence Against Women Act, 18 U.S.C. §§ 2265-2266 (2000) This is Federal Law!

National Center on Protection Orders and Full Faith and Credit (NCPOFFC) 800-903-0111, prompt 2; ncffc@bwjp.org

"The National Center on Protection Orders and Full Faith and Credit (NCPOFFC) was created in 1995 through a cooperative agreement between the Office for Victims of Crime of the U.S. Department of Justice and the Pennsylvania Coalition Against Domestic Violence (PCADV) to promote and facilitate inter-jurisdictional enforcement of civil and criminal protection orders in state, tribal, and territorial courts pursuant to the Full Faith and Credit provision of the Violence Against Women Act (VAWA). The NCPOFFC operated under a cooperative agreement between PCADV and the Office on Violence Against Women (OVW), U.S. Department of Justice until October 2006 when the NCFFC became part of the Battered Women's Justice Project (BWJP). The NCPOFFC currently operates under a cooperative agreement between BWJP and the OVW."

NCPOFFC’s Mission Statement


"Full Faith and Credit Given to Protection Orders", § 2265. Full Faith and Credit Provisions of the Violence Against Women Act, 18 U.S.C. § 2265-2266 (2000).

Sec. 2265. Full faith and credit given to protection orders

-STATUTE-

(a) Full Faith and Credit. - Any protection order issued that is consistent with subsection (b) of this section by the court of one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe (the enforcing State or Indian tribe) and enforced as if it were the order of the enforcing State or tribe.

(b) Protection Order. - A protection order issued by a State or tribal court is consistent with this subsection if -

(1) such court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and

(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided

within the time required by State or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent's due process rights.

(c) Cross or Counter Petition. - A protection order issued by a State or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit if -

(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or

(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.

(d) Notification and Registration. -

(1) Notification. - A State or Indian tribe according full faith and credit to an order by a court of another State or Indian tribe shall not notify or require notification of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State or tribal jurisdiction unless requested to do so by the party protected under such order.

(2) No prior registration or filing as prerequisite for enforcement. - Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State or tribal jurisdiction.

(e) Tribal Court Jurisdiction. - For purposes of this section, a tribal court shall have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil contempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the authority of the tribe.

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18 USC Sec. 2266 01/03/05

Sec. 2266. Definitions

-STATUTE-

In this chapter:

(1) Bodily injury. - The term "bodily injury" means any act, except one done in self-defense, that results in physical injury or sexual abuse.

(2) Course of conduct. - The term "course of conduct" means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose.

(3) Enter or leave indian country. - The term "enter or leave Indian country" includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government.

(4) Indian country. - The term "Indian country" has the meaning stated in section 1151 of this title.

(5) Protection order. - The term "protection order" includes any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil and criminal court (other than a support or child custody order issued pursuant to State divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other Federal law) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.

(6) Serious bodily injury. - The term "serious bodily injury" has the meaning stated in section 2119(2).

(7) Spouse or intimate partner. - The term "spouse or intimate partner" includes -

(A) for purposes of -

(i) sections other than 2261A, a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; and

(ii) section 2261A, a spouse or former spouse of the target of the stalking, a person who shares a child in common with the target of the stalking, and a person who cohabits or has cohabited as a spouse with the target of the stalking; and

(B) any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the State or tribal jurisdiction in which the injury occurred or where the victim resides.

(8) State. - The term "State" includes a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States.

(9) Travel in interstate or foreign commerce. - The term "travel in interstate or foreign commerce" does not include travel from 1 State to another by an individual who is a member of an Indian tribe and who remains at all times in the territory of the Indian tribe of which the individual is a member.

-SOURCE-

(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994, 108 Stat. 1931; amended Pub. L. 106-386, div. B, title I, Sec. 1107(d), Oct. 28, 2000, 114 Stat. 1499.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-386 reenacted section catchline without change and amended text generally. Prior to amendment, text defined "bodily injury", "Indian country", "protection order", "spouse or intimate partner", "State", and "travel across State lines".

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National Center on Full Faith & Credit 800-903-0111, Ext. 2 (assists when Law Enforcement Will Not Follow this Federal Law When Presented an Out of State Order Based on Domestic Violence). "The National Center on Full Faith & Credit (800-903-0111 x.2) promotes the timely, universal enforcement of protection orders in state and tribal courts throughout the country in accordance with the federal Violence Against Women Act." Hosted by the Pennsylvania Coalition Against Domestic Violence.


Attorney.com:

Find a Divorce Attorney

Attorneys for Child Custody


LexisNexis:

Research on Family Law


GEORGIA LAW On this Page

ALSO SEE:

"DOMESTIC VIOLENCE PHONE NUMBERS"

CRIME VICTIMS


Georgia:

Crime Victims Advocacy Council 770-333-9254

Georgia Network to End Sexual Assault, 131 Ponce De Leon Ave. Suite 122 · Atlanta, GA 30308,404-815-5261; Toll Free: 866-354-3672; Fax: 404-815-5265


National:

Phone Numbers Georgia & National Numbers!

American Bar Association Domestic Violence Page

An Abuse, Rape and Domestic Violence Aid and Resource Collection (AARDVARC) National Resources, State by State

Civil Stalking Laws by State By the Stalking Resource Center, The National Center for Victims of Crime.

Controlling Anger American Psychological Association

Child Abuse MedlinePlus.

Children's Rights Council Child Access Centers Used to peacefully transfer kids from one parent to another.

Criminal Justice Coordinating Council

Cyber Stalking

Dealing with Stalking KidPower TeenPower Fullpower International

Directory of Crime Victim Services

Divorce Law by State

Divorce.net

Divorce Source.com

Domestic Violence Resources Federal/National & State/Community Resources

Domestic/Family Violence Resource Guide, Knowledge & Information Services Thirty One (31) Topics. By the National Center for State Court Court (NCSC).

Domestic Violence Phone Numbers Georgia & National Numbers!

Family Violence Prevention Fund Dedicated to Ending Abuse

Family Violence State Links, Knowledge & Information Services By the National Center for State Court Court (NCSC).

Family Violence Statistics: Including Statistics on Strangers and Acquaintances U.S. Department of Justice · Office of Justice Programs, Bureau of Justice Statistics

Intimate Partner Homicide NIJ Journal Issue No. 250" (JR 000250) (56 pp.) focuses on intimate partner homicide. It examines which women are most at risk for being a murder victim and considers policies
that may explain the declines or result in further declines.

Melissa Institute "The Melissa Institute is a non-profit organization dedicated to the study and prevention of violence through education, community service, research support and consultation."

National Calendar of Crime Victim Assistance-Related Events

National Center On Domestic And Sexual Violence

National Center for Victims of Crime Stalking Resource Center

National Crime Victim Law Institute Among Other Things: "Provides technical assistance to attorneys who provide direct legal services to crime victims."

National Coalition Against Domestic Violence

National Network to End Domestic Violence (NNEDV)

Office for Victims of Crime (OVC) U.S. Department of Justice (DOJ)

RAINN "The Rape, Abuse & Incest National Network is the nation's largest anti-sexual assault organization. RAINN operates the National Sexual Assault Hotline and carries out programs to prevent sexual assault, help victims and ensure that rapists are brought to justice." 800-656-4673

Successfully Investigating Acquaintance Sexual Assault A National Training Manual for Law Enforcement

Silent Witness

Stalking End Stalking in America (E.S.I.A.)

Stalking Article Office of Community Policing Services and National Center for Victims of Crime

Stalking Laws by State Angels In Blue

Stalking Manual in PDF Format U.S. Department of Justice

Stalking Resource Center

Stop Violence Against Women By Amnesty International.

Successfully Investigating Acquaintance Sexual Assault A National Training Manual for Law Enforcement. By the The National Center for Women and Policing" http://www.womenandpolicing.org

Telephone Numbers Georgia & National Numbers!

Toolkit to End Violence Against Women NCJRS

United States Department of Justice National Center for Victims of Crime

"Violence Against Women: Identifying Risk Factors" U.S. Department of Justice Publication

"When Violence Hits Home: How Economics and Neighborhood Play September 2004 Publication by National Institute of Justice (NIJ)

 

Working Together to End The Violence

Work Place Violence


Pennsylvania: Pennsylvania Coalition Against Domestic Violence Has a lot of good brochures that you can download on line


Womens Law.Org.