Federal Crimes and Penalties

• All the federal domestic violence crimes are felonies.

• It is a federal crime under VAWA:

1. To cross state lines or enter or leave Indian Country and physically injure an “intimate partner.” 18 U.S.C. Sec. 2261
2. To cross state lines to stalk or harass or to stalk or harass within the maritime or territorial lands of the United States (this includes military bases and Indian Country). 18 U.S.C. Sec. 2261A
3. To cross state lines or enter or leave Indian Country and violate a qualifying protection Order. 18 U.S.C. 2262
4. 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. Sec. 922(g)(8)
• To possess a firearm and/or ammunition after conviction of a qualifying misdemeanor crime of domestic violence. 18 U.S.C. Sec. 922(g)(9)
• A violation under VAWA, Sec. 2261, 2261 A, 2262,  a maximum prison term of five years to life, depending on the seriousness of the bodily injury caused by the defendant.

Violence Against Women Act (VAWA)

• Provides for the recognition and enforcement of tribal court protection orders across jurisdictions.
• Explicitly provides tribal courts with civil jurisdiction over non-Indians in protection order hearings where tribal courts otherwise maintain subject matter and personal jurisdiction.
• Has been an important source of funding for victim programs and training for law enforcement, courts, prosecution, social services, and community organizations in Indian Country.
• Has helped efforts to build regional coalitions promoting safety for Indian Women and accountability for abusers.

Domestic Violence Laws

• Violence Against Woman Act (VAWA)

( 18 U.S.C.A. 2265)

• Passed in 1994 and amended in 1996.

In 1994 and 1996, Congress also passed changes to the Gun Control Act making it a federal crime in certain situations for domestic abusers to possess guns.

• VAWA

Recognizes that domestic violence is a national crime and that federal laws can help an overburdened state and local criminal justice system.

The majority of domestic violence cases will continue to be handled by your state and local authorities.

In some cases, however, the federal laws and benefits gained from applying these laws, may be the most appropriate course of action.

Domestic Violence & Guns

Civil Restraining Orders/Injunctions

In Wisconsin, there are two provisions available to prevent an intimate partner from having a gun. If it will make you safer, you can ask the court to order a partner to surrender his gun/guns or to use a protective order to stop him.her from buying or possessing a gun.

Temporary:  In Wisconsin, if you file a domestic abuse temporary restraining order, the court may include any “appropriate remedy.”¹ Therefore, in your petition for a hearing, you should tell the court if your partner has a gun or has threatened you with one, and ask the court to stop your partner from purchasing or possessing firearms.

Final: Wisconsin domestic abuse restraining order law says that under a “final” order/injunction must surrender their firearms and may not possess a gun.² The Wisconsin harassment restraining order law also allows you to request the surrender of firearms.³

Federal law also says that anyone under a “final” order may not possess a gun.* In your petition, you can ask the court to use its authority under Wisconsin law to protect you and your family and to remind your partner verbally about the federal prohibition against possession of firearms.*

After a criminal Conviction

Wisconsin state law does not specifically address the issue of guns and domestic violence convictions. However, federal law says that if your partner is convicted of any felony or a misdemeanor crime of domestic violence, it is illegal for him to obtain or possess a gun.*

(¹ WI ST 813.12//.//² WI ST 813.12(4)(m) and WI ST 941.29// ³ WI ST 813.125(4)(m)//* 18 U.S.C. § 922(g)(8)//* 18 U.S.C. § 921 (a)(33)(A) and 18 U.S.C. § 922(g)(9). The crime need not specifically fall under a domestic violence statute-any assault or battery against a domestic partner is enough, See U.S. v. Ball, 7 Fed. Appx. 210 (4th Cir. Apr. 4, 2001), cert. denied 122 S. Ct. 226(2002) and U.S. v. Barnes, 295 F.#d 1354 (DC Cir. 2002).

Information accurate as of June 2003

Wisconsin Coalition Against Domestic Violence

Sex Offenders-who is required to register?

1. WHO IS REQUIRED TO REGISTER?

A person who, on or after December 25, 1993:
(1) is convicted or adjudicated delinquent for a sex offense;
(2) is in prison, a secured correctional facility, a secured childcare institution, or a secured group home for a sex offense;
(3) is on probation, extended supervision, parole, supervision, or aftercare supervision for a sex offense;
(4) is in prison, a secured correctional facility, a secured childcare institution, or a secured group home for a violation, or for the solicitation, conspiracy, or attempt to commit a violation of a Wisconsin law that is comparable to a sex offense;
(5) is on probation, extended supervision, parole, supervision, or aftercare supervision for a violation, or for the solicitation, conspiracy, or attempt to commit a violation of a Wisconsin law that is comparable to a sex offense;
(6) is found not guilty or not responsible by reason of mental disease or defect and is committed for a sex offense;
(7) is in institutional care or on conditional transfer or conditional release for a sex offense;
(8) is in institutional care or on conditional transfer or conditional release for a violation, or for the solicitation, conspiracy, or attempt to commit a violation of a Wisconsin law that is comparable to a sex offense;
(9) is on parole, extended supervision, or probation in Wisconsin from another state for a violation, or for the solicitation, conspiracy, or attempt to commit a violation of the law of another state that is comparable to a sex offense; or
(10) is in institutional care under, or on parole from, a commitment for specialized treatment,
is required to register.
(Wis. Stat. § 301.45(1g))
In addition, a person who:
(1) is placed on lifetime supervision on or after June 26, 1998;
(2) is in institutional care or on conditional release on or after June 2, 1994;
(3) is ordered by a court to comply with registration requirements;
(4) was required to register under 1997 laws based on a finding that he or she was in need of protection or services and is ordered by a court to continue complying with the registration requirements;
(5) on or after December 1, 2000, is registered as a sex offender in another state or is registered as a sex offender with the Federal Bureau of Investigation and is a resident of
Wisconsin, a student in Wisconsin, or is employed or carrying on a vocation in Wisconsin; or
(6) has been found to have committed a sex offense by another jurisdiction and, on or after December 1, 2000, is a resident of Wisconsin, a student in Wisconsin, or is employed or carrying on a vocation in Wisconsin.
(Wis. Stat. § 301.45(1g))

What should do if I am sexually assaulted?

Sexual assault is neither “asked for” nor deserved. “Giving in” to sexual activity is NOT the same as consenting. Do what you must to survive. A victim is NEVER responsible for an assault. Do not blame yourself for being assaulted.

1. Go immediately to a safe place. Try not to damage potential evidence. Do not bathe, wash, shower, douche, or change or discard cloths.
2. Strongly consider reporting the assault to the police.
3. Strongly consider making contact with your local sexual assault treatment center or rape crisis center. They can assist you with information, support, and counseling whether or not you call the police. Any contact you have with them is completely confidential.

Don’t worry about insurance…go to the Emergency Room near you. State VOCA will pay for a sexual assault exam. Pressing charges and convicting the person who harmed you is very important…and yes call us from where ever your at and we can be there or find  a victim advocate near you to help you and support you in the process, Just call…..1-800-236-7660

Full Faith and Credit ( What is it?)

What is Full Faith and Credit? (Simply Stated)

A valid order of protection is enforceable where it is issued and in all other jurisdictions. This includes all 50 states, Indian tribal lands, the District of Columbia, the U.S. Virgin Islands, Puerto Rica,American Samoa, the Northern Mariana Islands and Guam.

Under the federal Violence Against Women Act (VOWA), jurisdictions must give full faith and credit to valid orders of protection issued by other jurisdictions.

A plea for help

Pamela Deese Says:
February 6, 2008 at 2:19 pm ePlease click on the website http://www.promiseofprotection.com. We are building a website that should be completed in a couple days but is still up for viewing. And may I say thanks to you for all your help concerning this matter

Full Faith and Credit ( What is it?)

TITLE 18 > PART I > CHAPTER 110A > § 2265

Prev | Next

§ 2265. Full faith and credit given to protection orders

How Current is This?

(a) Full Faith and Credit.— Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory ^[1] as if it were the order of the enforcing State or tribe.

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

(1) such court has jurisdiction over the parties and matter under the law of such State, Indian tribe, or territory; 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, tribal, or territorial 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, tribal, or territorial 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, Indian tribe, or territory according full faith and credit to an order by a court of another State, Indian tribe, or territory 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, tribal, or territorial 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, tribal, or territorial jurisdiction.

(3) Limits on internet publication of registration information.— A State, Indian tribe, or territory shall not make available publicly on the Internet any information regarding the registration or filing of a protection order, restraining order, or injunction in either the issuing or enforcing State, tribal or territorial jurisdiction, if such publication would be likely to publicly reveal the identity or location of the party protected under such order. A State, Indian tribe, or territory may share court-generated and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes.

(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.

Teenagers Check This Out!

Quiz Your Relationship

• Does your boyfriend/girlfriend have a bad temper? Do they take their anger out on pets and objects….punching walls, slamming doors,throwing things or hurting animals? Ask yourself….How do I feel when my partner is acting this way? If it is fear that you feel then it is with out a doubt not love.
• Is he/she always asking you where you went, who you were with, what your were doing, what you were talking about? Ask yourself…. How do I feel when my partner is acting this way? If it is humiliation that you feel then it is with out a doubt not love.
• Does he/she use alcohol or drugs? Ask yourself…. How do I feel when my partner is acting this way? If it is insecurity that you feel then it is with out a doubt not love.
• Is he/she telling you that you don’t know anything and that they know better than you? Ask yourself…. How do I feel when my partner is acting this way? If it is inadequacy that you feel then it is with out a doubt not love.
• Is he/she telling you that they want total commitment from you unusually early on in the relationship and planning marriage along comes baby? Ask your self….How do I feel when my partner is acting this way? If it is confusion that you feel then it is with out a doubt not love.
  
• Is he/she telling you to do things that you know in your head and heart are wrong? Does he/she encourage you to lie, disobey, and disregard your parents/family? Ask yourself…. How do I feel when my partner is acting this way? If it is shame that you feel then it is with out a doubt not love.
• Does he/she disregard you when you say “NO” and force you to have sex?…. Ask yourself…. How do I feel when my partner is acting this way? If is all the feeling above then it is with out a doubt not love.