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Violence Against Women Act Confidentiality Limits Discovery in Civil and Criminal State Court Cases

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This presentation discusses confidentiality protections under the Violence Against Women Act (VAWA), prohibiting disclosure of victim’s immigration case information contained in VAWA self-petitions, and T and U visas case files in state court proceedings. It helps trainees understand the limitations federal statutes, regulations and policies place on discovery in state courts, decide discovery motions in family court cases consistent with VAWA confidentiality, and limit discovery in criminal cases to information in the prosecutor’s case and control which is usually the U visa certification signed by law enforcement or prosecutors and any cover letter submitted requesting the certification.