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Domestic Violence and the Law  

Last Updated: Sep 1, 2017 URL: http://libguides.law.usd.edu/domesticviolence Print Guide RSS Updates

Federal and State Laws and Agencies Print Page
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Selected Federal Laws Related to Domestic Violence

The Violence Against Women Act (1994) and the Violence Against Women Department of Justice Reauthorization Act of 2005

Interstate Domestic Violence, 18 U.S.C. §2261
Stalking, 18 U.S.C. §2261A
Interstate Violation of Protection Order, 18 U.S.C. §2262
Pretrial Release of Defendant, 18 U.S.C. §2263
Restitution, 18 U.S.C. §2264
Full Faith and Credit Given to Protection Orders, 18 U.S.C. §2265
Repeat Offenders, 18 U.S.C. §2265A
 
Firearm Offenses
Possession of Firearm While Subject to Order of Protection, 18 U.S.C. §922(g)(8)
Transfer of Firearm to Person Subject to Order of Protection, 18 U.S.C. §922(d)(8)
Possession of Firearm After Conviction of Misdemeanor Crime of Domestic Violence, 18 U.S.C. §922(g)(9)
Transfer of Firearm to Person Convicted of a Misdemeanor Crime of Domestic Violence, 18 U.S.C. §922(d)(9)
 
Other Statutes
Self-Petitioning for Battered Immigrant Women and Children, 8 U.S.C. §1154(a)(1)(A)(iii)(I)(bb)
 

Government Documents Related to Domestic Violence Legislation

S. Hrg. 109-1033 - REAUTHORIZATION OF THE VIOLENCE AGAINST WOMEN ACT - 10 years after it was first enacted, the reauthorization of VAWA authorized an additional $100 million annually to the prevention of violence against women.  Additionally, it significantly enhanced the breadth of activity of the statute.
 
S. Hrg. 112-132 - THE VIOLENCE AGAINST WOMAN ACT: BUILDING ON 17 YEARS OF ACCOMPLISHMENTS - 17 years after the initial passage of VAWA, the U.S. Senate hears testimony about its accomplishments and the progress still required in preventing domestic violence.

Serial No. 112-155 (HOUSE Hearing) - U.S. DEPARTMENT OF JUSTICE OFFICE ON VIOLENCE AGAINST WOMEN - This 2012 oversight hearing by the House of Representatives Committee on the Judiciary examines the effectiveness of the Office of Violence Against Women at the U.S. Dept. of Justice.

S. Hrg. 109-478 - INDIAN CHILD PROTECTION AND FAMILY VIOLENCE PREVENTION ACT AMENDMENTS - This re-authorization of the ICPFVPA describes the issues surrounding domestic violence on U.S. reservations.
 

Finding State Laws Relating to Domestic Violence

Westlaw's 50 State Surveys provides entries for Domestic Violence and Stalking, among others. Similar information is available from the ABA Commission on Domestic Violence, which provides several statutory summary charts, available here. Selected summary charts which have been recently updated are listed below:

ABA Commission on Domestic Violence Statutory Summary Chart on Protection Orders/Domestic Violence (Last updated 3/2014)

ABA Commission on Domestic Violence Statutory Summary Chart on Child Custody and Domestic violence (Last updated 7/2014)

Selected South Dakota Laws relating to Domestic Violence:

Protection from Domestic Abuse, Chapter 25-10

Stalking, Chapter 22-19A

Assault and Personal Injuries, Chapter 22-18

The law in South Dakota has recently been amended so as to broaden the definition of persons who are eligible for a protection order from domestic abuse, including any person who is involved in one of the following relationships with another party:

(1)    Spouse or former spouse;

(2)    Is in a significant romantic relationship;

(3)    Has a child or is expecting a child with the abusing party;

(4)    Parent and child, including a relationship by adoption, guardianship, or marriage; or

(5)    Siblings, whether of the whole or half blood, including a relationship through adoption or marriage.

(See SL 2014, ch. 145)

South Dakota Forms:

Protection Order Forms are available via the Unified Judicial System website here

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