NCJ Number
177401
Journal
Juvenile and Family Court Journal Volume: 50 Issue: 2 Dated: Spring 1999 Pages: 39-54
Date Published
1999
Length
16 pages
Annotation
This article examines nationwide full faith and credit implementation efforts for technical assistance to victims of domestic violence.
Abstract
One of the most important provisions of the Violence Against Women Act (VAWA) of 1994 is the section that establishes nationwide enforcement of civil and criminal protection orders in State, tribal and territorial courts. More specifically referred to as the full faith and credit provision, this section directs states, Indian tribes and US territories to honor "valid" protection orders issued by sister States, tribes, and territories, and to treat those foreign orders as if they were their own. The enforcing (non-issuing) jurisdiction must: (1) honor the foreign order even if the protected party would not have been eligible for a protection order in the enforcing jurisdiction; (2) enforce all the terms of the foreign order even if it provides relief not available under the laws of the enforcing jurisdiction; and (3) treat the foreign order as if it had been issued in the enforcing jurisdiction. The article examines several enforcement strategies, the relationship between VAWA full faith and credit and Federal firearms legislation, and the judge's role in ensuring full faith and credit. Appendix