Case Summaries: Violence Against Women Act (VAWA)

Interstate Protection

The Violence Against Women Act, 18 U.S.C. 2265, requires states to give full faith and credit to "any protective order issued" by the court of any state. Court ruled this means New York must use its own penal law to charge a man with criminal contempt for violating a New Jersey protection order in the state of New York. People v. Hadley, 658 N.Y.S.2d 814 (Crim. Ct. Richmond Co., 1997).

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Date: 4/17/2002

Civil Rights Remedy of Vawa Is Unconstitutional

The Fourth Circuit Court of Appeals struck down the Civil Rights Remedies for Gender-Motivated Violence Act, 42 U.S. C. 1398, as unconstitutional under the Commerce Clause and Fourteenth Amendment. Brzonkala v. Virginia Polytechnic Institute, 169 F.3d 820 (4th Cir. 1999). This decision was affirmed by the U.S. Supreme Court in United States v. Morrison, 2000 U.S. LEXIS 3422 (May 15, 2000).

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Date: 4/17/2002

Vawa & Interstate Travel

The Violence Against Women Act only criminalizes domestic violence that occurs in the course or as a result of interstate travel, and does not criminalize domestic violence that occurs before interstate travel. State v. Page, (6th Cir. 2/23/98).

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Date: 4/17/2002

Husband Found Guilty of Interstate Domestic Violence

Husband who beat wife in apartment and later forced her to travel out of the state was found guilty of interstate domestic violence; court interpreted statute, 18 U.S.C. sec. 2261(a)(2) to include violence that occurs both before and during travel that coerces a spouse to travel cross a state line by force. U.S. v. Helem, 186 F.3d 449 ( 4th Cir. 1999).

Keywords: compensation, crime victims

Date: 4/17/2002