Perpetrators and their attorneys in family law and criminal court cases who are unable to obtain VAWA confidentiality protected information from DHS, may attempt to obtain information about the existence of or information contained in immigration cases protected by federal VAWA confidentiality laws in state court proceedings.

Advocates and attorneys working with immigrant survivors should provide local judges and court staff with information and training tools for courts on VAWA confidentiality.

Attorneys representing immigrant crime victims with pending or approved VAWA confidentiality protected immigration cases should be prepared and anticipate attempts to obtain VAWA confidentiality protected information in state court cases. Options include:

• Act before the perpetrator seeks the information by filing a motion in limine to obtain a court ruling that information about the existence of or information contained in the VAWA confidentiality protected immigration case file cannot be asked about or obtained through the state court proceeding
• Respond by objecting to discovery requests and cross examination by filing a motion for a protective order supported by brief for the court on VAWA confidentiality

The following materials provide samples that can be adapted to assist in responding to VAWA confidentiality issues that are in state court cases:

• VAWA confidentiality sample brief in criminal court cases
• VAWA confidentiality sample brief opposing discovery in family court
• VAWA confidentiality sample motion in limine
• VAWA confidentiality sample protective order