Domestic Violence And Stalking
In 1994, Congress passed the Violence Against Women Act (“VAWA”). This Act, and the 2005 additions to the Act, recognize that domestic violence is a national crime and that federal laws can help an overburdened state and local criminal justice system. Congress also passed changes to the Gun Control Act making it a federal crime in certain situations for domestic abusers to possess guns. 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 the benefits gained from applying these laws, may be the most appropriate course of action.
What Are The Federal Domestic Violence 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
- cross state lines to stalk or harass another person; or to stalk or harass within the maritime or territorial lands of the United States (this includes military bases and Indian country) another person; or to place a person under surveillance with intent to kill, injure or harass. 18 U.S.C. Section 2261A
- cross state lines or enter or leave Indian country and violate a qualifying 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)
- 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 of ten years. A violation under VAWA, Sections 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.
In a VAWA case, the Court must order restitution to pay the victim the full amount of losses. Restitution may include compensation 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. Please keep a record of all expenses caused by the domestic violence crime.
What Is A Qualifying Domestic Violence Misdemeanor?
Possession of firearm and/or ammunition after conviction of a “qualifying” domestic violence misdemeanor is a federal crime under Section 922(g)(9). Generally, the misdemeanor will ‘qualify” if the conviction was for a crime committed by an intimate partner, parent or guardian of the victim an included 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 United States Attorney’s Office will examine your case and determine whether the prior domestic violence misdemeanor conviction qualifies under Section 922(g)(9).
What Is A Qualifying Protection Order?
Possession of a firearm and/or ammunition while subject to a Protection Order, and Interstate Violation of a Protection Order, are federal crimes if the Protection Order” qualifies” under Sections 2262 and 922(g)(8). Generally, a Protection Order will qualify under federal law if reasonable notice and opportunity to be heard was given to the person against whom the Court’s Order was entered and if the Order forbids future threats of violence. The United States Attorney’s Office can evaluate your order to see if it qualifies. Therefore you should keep copies of all Orders.
What Is An Intimate Partner?
Generally, the federal laws recognize an intimate partner as a spouse, a former spouse, a person who shares a child in common with the victim, or a person who cohabits or has cohabited with the victim.
Federal Stalking Laws
Congress recently passed an anti-stalking law as part of the Violence Against Women Act. It is now a federal felony to travel across state, foreign or tribal lines with the intent to kill, injure, harass or intimidate another person if in the course of or as a result of such travel that person is placed in reasonable fear of serious bodily injury or death to him or herself or to that person’s immediate family or intimate partner. It is also a crime to stalk on military or U.S. Territorial lands, including Indian country. 18 U.S.C. §2261A(1)
In October 2000, Congress passed a cyber-stalking law. It is now a federal felony for a stalker to use the mail, telephone, or Internet repeatedly to place a victim in another state or jurisdiction in reasonable fear of serious bodily injury or death to him or herself or to that person’s immediate family or intimate partner. At the time of the offense the stalker must have the intent to kill, injure or to place in reasonable fear of death or serious bodily injury, the victim or a member of their immediate family. 18 U.S.C. §2261A(2)
If You Are In Danger Find A Safe Place To Go
✓ Police/Fire Department
✓ Homes of friends or relatives preferably unknown to the stalker
✓ Family crisis shelters
✓ Crowded public buildings or places
Promptly Notify Police Agencies
✓ Give an accurate description of the stalker, his or her vehicle, address (if known) and a recent photograph if you have one.
✓ Notify security personnel in apartments and/or appropriate personnel at your work place.
✓ Ask law enforcement about security measures they can initiate. Some agencies have cell phones programmed to dial 9-1-1 and VARDA alarms available for stalking victims. "Panic button" alarms can be rented from private security agencies.
As well as helping to protect you, law enforcement can keep an independent record of your complaints, which may help you get a protection order from the court or demonstrate that an existing order has been violated.
Document Stalking Behavior
It is vitally important to keep a record of stalking incidents which may support a criminal prosecution.
✓ Record dates, time of day and places of contact with the stalker.
✓ Log any telephone calls and save answering machine messages.
✓ Save any correspondence from the stalker, including the envelope.
✓ Document threats in detail.
✓ Provide names and addresses of witnesses to any of the stalking incidents to law enforcement or the criminal prosecutor.
Other Illegal Acts
Stalking itself may not be the only state or federal crime a stalker commits against you.
Has the stalker:
✓ Assaulted you physically or sexually?
✓ Entered your home without your permission?
✓ Damaged or stolen your property?
✓ Traveled across state lines with intent to do harm?
✓ Illegally possessed a firearm or other weapon?
✓ Violated a protection order?
Report any of these incidents to law enforcement who should photograph any injuries to you or damage to your property.
Ways To Increase Your Home And Personal Safety
✓ Install dead bolts. If you lose the key, change the locks and hide the spare keys.
✓ If possible, install outside lights activated by a motion detector.
✓ Maintain an unlisted phone number. If harassing calls persist, contact telephone company security personnel. They can assist you with options to trace the origin of such calls.
✓ Treat any threat as legitimate and call police immediately.
✓ Vary the routes you take and limit the time you spend walking.
✓ Tell trusted relatives, friends and neighbors about the situation. Provide them with a photo or description of the stalker and the car he or she drives.
✓ If you live in an apartment, provide the manager with a picture or a description of the stalker.
✓ Have co-workers screen calls and visitors.
✓ Consider carrying a personal alarm that emits a loud squeal when activated.
✓ Review your parking arrangements.
Help Is Available
If you are a victim of stalking it is normal to feel frightened and vulnerable.
Remember, you are not alone. The following agencies exist to help victims of stalking and other crimes. Seek their help.
National Assistance
Domestic Violence Hotline:
1-800-799-SAFE (1-800-799-7233)
National Victim Center:
1-800-FYI-CALL (1-800-394-2255)
National Organization for Victim Assistance:
1-800-TRY-NOVA (1-800-879-6682)
National Coalition Against Domestic Violence:
1-303-839-1852