Summary of the Violence Against Women Act
Posted on August 30, 2008 @ 12:06 pm

I had a comment in my last post from someone that said that the VAM act is unconstitutional which is poppycock misinformed.

Not interested in getting in a pissing contest, so I leave you with a summary of what VAM is and what it did from the Family Violence Prevention Fund.

You make your own mind up. . .

History of the Violence Against Women Act

The Violence Against Women Act of 1994

The first comprehensive federal legislation responding to violence against women was introduced in 1990. While the U.S. Senate held several hearings and reported bills out of committee, not until the 103rd Congress was there finally traction on the issue in both the Senate and the U.S. House of Representatives. With the help of outspoken advocates across the country, including the Family Violence Prevention Fund (FVPF) and other members of the National Task Force to End Sexual and Domestic Violence Against Women, the Violence Against Women Act (VAWA) was finally signed into law in August of 1994 as a part of the Violent Crime Control and Law Enforcement Act of 1994 (PL-103-322).

The provisions included in the final bill were a compromise of two pieces of legislation that had been introduced previously, H.R. 1133, introduced by Rep. Pat Schroeder (D-CO), and S. 1607, introduced by Sen. Joseph Biden (D-DE).

VAWA created:

- new penalties for gender-related violence and
- new grant programs encouraging states to address domestic violence and sexual assault including:

law enforcement and prosecution grants (STOP grants)
grants to encourage arrest
rural domestic violence and child abuse enforcement grants
the National Domestic Violence Hotline
grants to battered women’s shelters
While no one felt this completely addressed the needs of victims of domestic violence, almost all involved believed this was a vital first step in our nation’s efforts to treat domestic violence as a serious problem.

The Violence Against Women Act of 2000

Because the authorization for the original VAWA provisions expired in 2000, the Congress took up the reauthorization of this landmark legislation in 1999 and completed its efforts in the fall of 2000 with the passage of the Violence Against Women Act of 2000. The House version of the bill, known as H.R. 1248, passed on September 26 by a vote of 415-3, and the Senate version, known as S. 2787 passed on October 11 by a vote of 95-0. During the course of final negotiations, VAWA 2000 was merged with the Victims of Trafficking and Violence Protection Act of 2000 and several smaller bills, and President Clinton signed the legislation into law on October 28, 2000 (PL-106-386).

Despite early efforts by advocates and congressional allies to create a more comprehensive bill, the final version of VAWA reauthorization included mainly a continuation of already existing programs with a few improvements, additions and funding increases. The following is a summary of the major components of the legislation.

VAWA 2000 Summary

Total Authorization: $3.3 billion over five years (This number represents the total amount authorized, the actual money distributed has yet to reach this “allowed” amount).

STOP Grants (Services and Training for Officers and Prosecutors): $925 million over five years. This is the largest portion of the funding in the legislation and goes to states to be distributed among police, prosecutors, courts and state and local victims services agencies mainly for the purposes of enhancing law enforcement activities.

Shelter Services for Battered Women and their Children: $875 million over five years. This is the second largest portion of funding from the bill and funds programs to help communities provide services for women and children living in shelters. These grants also go initially to the states, and recent legislation increased the minimum amount that any state would receive to $600,000/year. Remaining funds are distributed to states based on their populations.

The legislation also created new programs and strengthened existing legislation in the following areas:

Civil Legal Assistance: $200 million over five years. This section creates a separate grant program for civil legal services to give women legal help with protection orders, family court matters, housing, immigration and administrative matters.

Transitional Housing: $25 million per year but only for one year. This program provides grants to aid individuals who are “homeless, in need of transitional housing or other housing assistance, as a result of fleeing a situation of domestic violence and for whom emergency shelter services are unavailable or insufficient.” This program was never funded.

Supervised Visitation Centers: $30 million over two years for pilot project authorizing the Attorney General to provide grants to state and local law enforcement to provide supervised visitation exchange for the children of victims of domestic violence, child abuse and sexual assault.

Full Faith and Credit: Allows for protection orders from one state to be recognized in another state and allows Grants to Encourage Arrest to go toward providing technical assistance and computer or other equipment to law enforcement to aid in the enforcement of interstate protection orders and those between state and tribal jurisdictions.

Battered Immigrant Women: Legislation addressing the needs of battered immigrant women was by far the most significant addition to the original VAWA. This section removes the U.S. residency requirement and “extreme hardship” requirements for immigrant women to receive VAWA protections; allows battered immigrant women to obtain lawful permanent residence without leaving the country; restores access to VAWA protections for immigrants regardless of how they entered the country and creates a new type of visa for victims of serious crimes that will allow some to attain lawful permanent residence.

Dating Violence: defines dating violence and allows grants to go toward programs that address dating violence

Services for Disabled and Older Women: $25 million over five years to provide grants for training law enforcement and developing policies to address the needs of older and disabled victims of domestic and sexual violence

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13 Responses
HumanRights101 Says:

… and the laws and polices it has spawned, and funded, have resulted in an epidemic of false allegations, judges that grant restraining orders without consideration of the veracity of the claims as a matter of policy, and a well funded extremist feminist beurocracy that has crippled many state family law committees. I personally spoke to the person who writes the family law legislation in my state, yes, with his own hands, who says that the feminist lobby is so strong that:

1. America’s foremmost researcher on family violence cannot attend family law committe meetings because of his recognition of the rates at which women commit acts of domestic violence.

2. Committee members who propose treating this as a family issue, rather than a women’s issue are prevented from speaking their concerns in family law committe meetings.

3. Feminist stakeholders control the process, financially and legislatively, from start to finish.

HumanRights101 Says:

Here are some very compelling examples for you to consider:

New Jersey’s domestic violence statute has recently been found unconstitutional. The New Jersey Attorney General is taking this case to the state’s Supreme Court.

The New Jersey Law Journal reports that Judge Richard Russell of Ocean City made the following remarks on tape during a judicial training session regarding the issuance of restraining orders.

(source – scan of print copy: www.fathersandhusbands.org/NJ_Rights_1.pdf)

“If I had one message to give you today, it is that your job is not to weigh the parties’ rights as you might be inclined to do as having been private practitioners. Your job is not to become concerned about all the constitutional rights of the man that you’re violating as you grant a restraining order. Throw him out on the street, give him the clothes on his back and tell him, ‘See ya’ around.’ “

A new municipal judge attending the training session stated “The statute says we should apply just cause in issuing the order.” “You seem to be saying to grant every order.” Russell quickly replied, “Yeah, that’s what I seem to be saying.”

The article is full of comments from Russell and his colleagues that are equally inflammatory.

Perhaps you think Russell should have been disbarred for instructing judges to ignore the constitution. In doing so, he violated his greatest responsibility as a judge in the most blatant way possible. Perhaps you think he should have gone to prison.

Russell now serves on the New Jersey Supreme Court’s State Domestic Violence Working Group, the Executive Committee of the State Bar’s Family Law Section, and the New Jersey Supreme Court’s Family Practice Committee. He currently is the chair of the court’s Child Support Subcommittee.

HumanRights101 Says:

Elaine Epstein, president of the Massachusetts Bar Association (1999), has said “the facts have become irrelevant… restraining orders are granted to virtually all who apply. Regarding divorce cases, she states “allegations of abuse are now used for tactical advantage”. According to Epstein, who is also a former president of the Massachusetts Women’s Bar Association, restraining orders are doled out “like candy” and “in virtually all cases, no notice, meaningful hearing, or impartial weighing of evidence is to be had.”

http://www.salon.com/mwt/feature/1999/10/25/restraining_orders/

HumanRights101 Says:

The 2006 restraining order against David Letterman granted to a mentally disturbed New Mexico woman by the top restraining order policy maker in northern New Mexico, Daniel Sanchez, is an example. Daniel Sanchez, northern New Mexico’s top judicial family law policymaker granted the restraining order without consideration of the credibility of the claims because the form was filled out properly.

http://www.people.com/people/article/0,,1143004,00.html

HumanRights101 Says:

The Illinois Bar Journal calls the orders “part of the gamesmanship of divorce.”

A recent article in the Family Law News, the official publication of the State Bar of California Family Law Section, explains that the Bar is concerned that “protective orders are increasingly being used in family law cases to help one side jockey for an advantage in child custody.” The authors note that protective orders are “almost routinely issued by the court in family law proceedings even when there is relatively meager evidence and usually without notice to the restrained person….it is troubling that they appear to be sought more and more frequently for retaliation and litigation purposes.”

http://www.glennsacks.com/letterman_case_shows.htm

HumanRights101 Says:

A recent CDC study indicates that women between 18 and 28 initiate reciprocal violence against their intimate partners about as often as men. It also indicates that they indicate non-reciprocal violence against their intimate partners more than twice as often as men.

http://pn.psychiatryonline.org/cgi/content/full/42/15/31-a

Here is a bibliography of over 200 studies indicating that women attack their intimate partners as often, or more often than men.

www.csulb.edu/~mfiebert/assault.htm

HumanRights101 Says:

This report from RADAR (Respecting Accuracy in Domestic Abuse Reporting) provides much insight into the situation brought about, in large part, by Joe Biden.

http://www.mediaradar.org/docs/RADARreport-VAWA-A-Culture-of-False-Allegations.pdf

HumanRights101 Says:

Cathy Young, who wrote the Salon.com piece on the Elaine Epstein quote write in greater depth, from an academic perspecive, here:

http://www.iwf.org/files/50c58dda09f16c86b2c652aa047944f6.pdf

HumanRights101 Says:

New Jersey’s domestic violence statute has recently been found unconstitutional because it imposes penalties that deprive the accused of the most basic and important of human rights without due process, and because the legislature has told the judiciary what the standards of evidence should be (i. e. none). The constitution says that the judiciary and only the judiciary can define standards of evidence.

http://www.courierpostonline.com/apps/pbcs.dll/article?AID=/20080711/NEWS01/807110356/1006

We wouldn’t have an epidemic of false allegations if the legislatures respected the constitution. As long as the public is silent on this issue, lawmakers like Biden can ignore the constitution. We, the people, are standing up for justice, and we will prevail.

HumanRights101 Says:

Now, Ms. Thomas, do you think this is a problem that you can help solve?

Thomas Says:

dude. you really need to learn some social skills. Go play in someone else’s yard.

HumanRights101 Says:

I’ve been a spokesman for my industry at major international conferences. I’ve been invited to present to Senate committees, to the CEO’s of some of the world’s largest corporations and to the leadership of America’s largest advertising agencies. I’ve also been invited to appear on many news and talk programs and have been quoted in hundreds of major newspapers around the world.

If these facts make you uncomfortable, take them down. But you and your readers would benefit from considering them.

Thomas Says:

HR

Thank you for providing an elegant example of why I don’t do online blog debates.

I do not do censorship. I however do insist on politeness.

The facts that you present do not make me uncomfortable. I gave you some of your points in your other comment- but I still feel that VAMA is important .I think there are a number of shades of grey with this issue.

You are obviously someone who feels very passionate about this issue- especially if you are staking out my little blog (population 12, plus my mother)

The problem sir, is that you do not communicate in an effective or frankly interesting way.

Is your intention to bludgeon me into submission or would you like to have an honest and adult conversation.

I suspect the former.

i would encourage you to consider what you would like your end result to be the next time you go skipping down someone else’s tiny corner of the www. In fact, I imagine that would be something for you to consider in every interaction.

You are not invited to leave further comments sir not because of their content, but because you are rude.

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