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Making a Federal Case Out of Domestic Violence

WHY MAKE A FEDERAL CASE OUT OF IT?

Why make a federal case out of domestic violence? Domestic violence is everybody's business! Domestic Violence a national epidemic; statistics are staggering and the debilitating results affect us all! It is cruel, costly and results in decreased productivity, increased medical costs, an over loaded criminal justice system, and worse: long-term impact on children who witness violence in the home, which also affect our schools, churches, prisons, homelessness, and society.

In 1994, Congress passed the Violence Against Women Act ("VAWA"). This Act, and the 1996 additions to it, recognize that domestic violence is a national crime problem and that federal laws can help an overburdened state and local criminal justice system. In 1994 and 1996, Congress also passed changes to the Gun Control Act making it a federal crime in certain situations for batterers to possess guns.

The majority of domestic violence cases will continue to be handled by state and local authorities. VAWA's intent is to catch cases that may have otherwise fallen through the cracks and to maximize the use of all laws to apply the most appropriate course of action to a case. This brochure is designed to provide practical information about federal domestic laws and penalties to those who interact with domestic violence matters.

WHEN SHOULD DOMESTIC VIOLENCE BECOME A FEDERAL CASE?

1. When state statutes or penalties for domestic abuse are outdated or don't fit the seriousness of the crime.
2. When the fact that a crime is interstate or across state or tribal lands has made it difficult for local law enforcement to gather evidence or make a case.
3. When release of the accused is a public safety issue.

WHAT ARE THE FEDERAL CRIMES AND PENALTIES?

All the federal domestic violence crimes are felonies. It is a federal crime under VAWA:

• to cross state lines or enter or leave Indian country and physically injure an "intimate partner". 18 U.S.C. Section 2261
• to cross state lines to stalk or harass or to stalk or harass within the maritime or territorial lands of the United States (includes entering and leaving military bases and Indian lands). 18 U.S.C. Section 2261A
• to cross state lines or enter or leave Indian country and violate a qualifying Restraining/Protection Order. 18 U.S.C. Section 2262

It is a federal crime under the Gun Control Act:

• to possess a firearm and/or ammunition while subject to a qualifying Protection Order. 18 U.S.C. Section 922(g)(8)
• to possess a firearm and/or ammunition after conviction of a qualifying misdemeanor crime of domestic violence. 18 U.S.C. Section 922(g)(9)

A violation of the Gun Control Act, Sections 922(g)(8) and 922(g)(9), has a maximum prison term often years. A violation under VAWA, Section s 2261, 2261A and 2262, has a maximum prison term of five years to life, depending on the seriousness of the bodily injury caused by the defendant. (There is no parole in federal cases)

In a VAWA case, the Court must order the full amount of losses in restitution to be paid to the victim. This includes costs for medical or psychological care, physical therapy, transportation, temporary housing, child care expenses, lost income, attorney's fees, costs incurred in obtaining a civil protection order, and any other losses suffered by the victim as a result of the offense. In a Gun Control Act case, the Court may order restitution. Records of all expenses resulting from the crime of domestic violence should be maintained.

WHAT IS A QUALIFYING DOMESTIC VIOLENCE MISDEMEANOR?

Possession of a firearm and/or ammunition after conviction of a "qualifying" domestic violence misdemeanor is a federal crime under Section 922(g)(9). Generally, a misdemeanor will "qualify" if the conviction was 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.

In addition, Section 922(g)(9) imposes other legal requirements. The Bureau of Alcohol, Tobacco, & Firearms (ATF) or the United States Attorney's Office will review cases brought to their attention and determine whether the prior domestic violence misdemeanor conviction qualifies.

WHAT IS A QUALIFYING PROTECTION ORDER?

Possession of a firearm and/or ammunition while subject to a Protection (Restraining) Order, and interstate violation of a Protection Order are federal crimes if the Protection Order "qualifies" under Sections 2262 & 922(g)(8). Generally, a Protection Order will qualify under federal law if (a) actual notice and an opportunity to be heard was given to the person against whom the court order was entered and (b) if it restrains future harassing, stalking, threatening and engaging in conduct which would place reasonable fear of bodily injury to the intimate partner or child; and (c) includes a finding that there is a credible threat to the safety of such intimate partner or child; (d) or explicitly prohibits the use, attempted use, or threat of physical force that would reasonably be expected to cause bodily injury.

The Bureau of Alcohol Tobacco and Firearms (ATF) or The United States Attorney's Office can evaluate an Order to see if it qualifies. Please keep copies of all Protection (Restraining) Orders & support documents.

WHO IS AN INTIMATE PARTNER?

Generally, the federal laws recognize an intimate partner as (a) A spouse, a former spouse, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited with the abuser "as a spouse." (b) and other persons similarly situated to a spouse who is protected by the domestic or family violence laws of the State in which the injury occurred or the victim resides. (This does NOT include a girlfriend or boyfriend with whom the abuser has not resided).

WHO CAN I CALL TO REPORT A POSSIBLE FEDERAL CRIME?

First, check with your local police or district attorney's office to report incidents of domestic violence, If you have questions about possible federal violations of the Violence Against Women Act, phone numbers are listed on the back of this brochure under Questions About VAWA. if you are unsure of the specific violation, call the criminal desk attorney in the U.S. Attorney's Office at (503)727-1000 or the contact agency listed.

WHAT IS DOMESTIC VIOLENCE?

It is about being afraid of someone you love, a spouse, partner, child or parent. No one has the right to hurt another person in fact, it is against the law.

When one person in an intimate relationship controls and criticizes the other person's feelings, behavior, and actions in a hurtful, manipulative or controlling way.

It occurs in all socio-economic groups, in all religions, all races, all ethnic groups, and in heterosexual or gay! lesbian relationships. You are not alone...

HELP IS AVAILABLE TO VICTIMS

There is no excuse for abusing another person! No one involved in an abusive relationship deserves or asks to be abused. Everyone has a right to live free of fear or violence. There are other options and help is a phone call away. Please contact the local domestic violence or victims' assistance program, or call any of the following:

NATIONAL & LOCAL VICTIM ASSISTANCE

• Domestic Violence Hotline
  1-800-799-SAFE
• National Coalition Against Domestic Violence
  1-303-839-1852
• National Victim Center
  1-800-FYI-CALL
• National Organization for Victim Assistance
  1-800-TRY-NOVA

OREGON

• Coalition Against Domestic & Sexual Violence
  1-800-622-3782

QUESTIONS ABOUT VAWA?

State/Tribal Laws & Filing Protection Orders?
Contact your local Prosecutor's Office & Court

Possession of Guns/Ammo & Protection Orders?
Call Alcohol Tobacco & Firearms (503) 326-5115

D.V. Interstate Crossing of State Lines & Stalking?
Call the Federal Bureau of Investigation (503) 224-4181

VAWA Legal Questions or Litigative Concerns?
Call Sean Hoar. U.S. Attorney's Office (541) 465-6792

D.V. Tribal Lands & Restraining Orders Violations?
Bureau of Indian Affairs Law Enf. Div. (503) 872-2855

Victim Referral and Information Services to Providers?
Call Pam Heimuller, Victim Assistance (503) 727-1036

Public Awareness & General Information on VAWA
Call the U.S. Attorney's Office (503) 727-1013 or 1066

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