Topic: Dynamics, Culture, & Safety

Materials and various tools and best practices regarding dynamics, culture, and safety.

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[pdf] Questions to Use for Crime Scene Identification of Limited English Proficient (LEP) (May 16, 2017) (+)

These are sample introductory questions that an officer can ask when meeting a person that is potentially LEP. They are based on scenarios that an officer will likely encounter during his or her patrol. The goal is to ask questions that are not related to information the officer may need to for a criminal case, that can build rapport with victims and witnesses and avoid yes/no questions helping officers assess the need for a qualified interpreter to help LEP persons communicate with law enforcement and promote accuracy of police reports and criminal investigations.

Published May 16, 2017 by , ,

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[pdf] Safety Planning With Survivors of Non-Intimate Partner Sexual Assault: Ten (10) Tips for Advocates and Lawyers (+)

The goal of safety planning is to help a survivor remain safe from the perpetrator and prevent future harm. Safety planning may also reduce sexual assault survivors’ overall fear and help restore their sense of autonomy and control; this can both empower victims and aid their healing. Safety planning with victims of non-intimate partner sexual assault is different than safety planning with victims of domestic violence in a variety of ways. For example, the majority of jurisdictions do not yet have civil protection orders for victims of non-intimate partner sexual assault. The survivor may not know the perpetrator’s name or address, or may know this but nothing more.

Published 2013 by

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[pdf] Safety Planning with Adult Sexual Assault Survivors: A Guide for Advocates and Attorneys (+)

Whether it is a single incident or an ongoing pattern of abuse, sexual assault can undermine a victim’s physical and emotional safety. This guide is designed to help advocates and attorneys work with survivors of non-intimate partner sexual assault to identify potential threats and create a safety plan tailored to the individual’s needs and concerns. An effective safety plan empowers the victim to reclaim a sense of safety and security by addressing immediate safety needs and outlining strategies to help reduce future incidents of harm. Unfortunately, constructing and implementing a safety plan cannot ensure that an individual will not face violence again; its goal is to help survivors be as safe as possible given their current life circumstances.

Published 2013 by

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[pdf] Trauma History Questionnaire (+)

The following is a series of questions about serious or traumatic life events. These types of events actually occur with some regularity, although we would like to believe they are rare, and they affect how people feel about, react to, and/or think about things subsequently. Knowing about the occurrence of such events, and reactions to them, will help us to develop programs for prevention, education, and other services. The questionnaire is divided into questions covering crime experiences, general disaster and trauma questions, and questions about physical and sexual experiences.

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[pdf] Cuestionario Historial de Trauma (+)

Ha continuación hay una serie de preguntas sobre eventos traumáticos de la vida. Estos tipos de eventos le ocurren regularmente a personas en la vida cotidiana aunque tratamos de creer que es rara la vez que suceden. La experiencia de un evento serio o traumático la manera en que una persona le afecta, siente, piensa, y reacciona a otras cosas ahora o en el futuro.

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[pdf] Battered Immigrants and U.S. Citizen (USC) Spouses (April 24, 2006) (+)

This paper reviews and provides data about the dynamics of domestic violence experienced by immigrant women. This information will help adjudicators who decide cases involving battered immigrant women better understand and consider the evidence presented, against a background of the research on domestic violence and immigrants. A second important goal of this paper is to provide information and data that will assist legislators and government agency policy makers in crafting legislation and administrative agency regulations and policies that will be grounded in the reality of the dynamics of domestic violence experienced by immigrant women.

Published April 24, 2006 by

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[pdf] Barriers and Successes in U Visas for Immigrant Victims: The Experiences of Legal Assistance for Victims Grantees (July 23, 2014) (+)

The paper focuses on problems, successes, and creative solutions reported by attorneys and advocates working with immigrant victims eligible to receive crime victim U visas under federal immigration laws. Victims applying for U visa immigration relief must, under current law, submit a U visa certification signed by the head of a law enforcement agency, prosecutor, judge, or other government official with their U visa application. This research provides information regarding effective strategies and best practices used by grantees that are successful in obtaining U visa certification. The systemic barriers that immigrant victims and their advocates encounter when working with U visa are also discussed, along with creative solutions grantees are using to overcome these barriers.

Published 2014 by

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[pdf] Early Access to Work Authorization For VAWA Self-Petitioners and U-Visa Applicants (February 12, 2014) (+)

This NIWAP report, which was published in 2014, summarizes the purpose, history, and importance of work authorization for immigrant survivors of domestic violence. It also summarizes a 2013 NIWAP survey of service providers about the length of time their clients spent waiting for work authorization, what occurred during the waiting period, and their experiences after receiving work authorization.

The initial process of obtaining work authorization often takes too long and exposes immigrant survivors of violence to retaliation, coercion, and further harm including incidents of violence and abuse. This document includes recommendations on policy changes in processing VAWA self-petitions and U-Visa applications. It also includes an appendix with illustrative cases showing the impact of delays in processing times for VAWA self-petitioners and U-Visa applicants with a pending case.

Published February 12, 2014 by

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[pdf] Chapter 01.2: Collaboration, Confidentiality, and Expanding Advocacy (+)

This chapter (1.2) discusses best practice for collaborations between victim advocates and attorneys and justice system personnel, particularly law enforcement. These collaborations are best practices for effectively serving immigrant survivors of domestic and sexual violence.

Published September 23, 2014 by

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[pdf] Special Immigrant Juvenile Status: Information for Child Welfare Workers (+)

Information for child welfare workers in regards to the Special Immigrant Juvenile Status (SIJS).

Published July 1, 2014 by

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[pdf] Immigrant Victims in the Justice System (+)

Flow chart illustrating the importance of providing support for immigrant victims seeking help from the justice system and the many different types of justice system cases immigrant victims encounter as they turn to the justice system for help. The systems immigrant and LEP victims need support navigating include: immigration, domestic violence/ arrest incident, family court, benefits, and protection orders (civil court process).

Published June 30, 2014 by

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[pdf] CH 1 Dynamics of Sexual Assault and the Implications for Immigrant Women (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter (1) on sexual assault dynamics experienced by immigrant survivors is designed to help deliver culturally sensitive culturally appropriate services to immigrant survivors by well-informed professionals who support survivors in confronting and overcoming the significant legal and personal challenges they may encounter as they heal and recover from sexual assault.

Published March 31, 2014 by

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[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)

This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.

Published July 23, 2015 by ,

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[pdf] U-Visa Legal Advocacy: Overview of Effective Policies and Practices (December 12, 2013) (+)

This policy brief provides an overview of successful collaborations that lead to improved access to U visa certification for immigrant crime victims. A review of the experiences reported by grantee organizations of the Legal Assistance for Victims (LAV) Program, administered by the Office on Violence Against Women (OVW) found that successful collaborations with law enforcement agencies that grantees built over time, working on a range of domestic violence and sexual assault issue, led to more positive outcomes for immigrant survivors seeking U visa collaborations. This policy brief contains illustrations and recommendations for best practices for building sustainable collaborations that benefit law enforcement, immigrant victims, advocates, attorneys and the communities.

Published December 12, 2013 by

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[pdf] Immigrant Crime Victims Legal Bibliography (+)

Bibliography of legal journal articles and legal publications related to the legal rights of immigrant victims of domestic violence, sexual assault and human trafficking through 2013.

Published October 14, 2013 by

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[pdf] CH 01.1 Dynamics of Domestic Violence Experienced by Immigrant Victims (+)

This chapter (1.1) discussed the dynamics of domestic violence as experienced by immigrant victims. It discusses immigrant victim’s experiences with domestic violence as well as fear deportation, economic abuse, child custody, misconceptions victim’s have about the U.S. legal system, immigrant victims interactions with the justice system and how advocates and attorneys can effectively support victims in exercising their legal rights and gaining access to victim services.

Published July 31, 2013 by

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[pdf] Chapter 02: Interviewing and Safety Planning for Immigrant Victims of Domestic Violence (+)

This chapter will discuss the best ways for advocates and attorneys to communicate with battered immigrant clients. It will detail effective methods of identifying, interviewing, assisting, and ensuring the safety of domestic violence victims. It will teach advocates and attorneys how to interact with clients in a manner that diminishes the pain involved with discussing the abuse and how to be sensitive to cultural differences.

Published July 10, 2013 by

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[pdf] Chapter 06.1: Countering Abuser’s Attempts to Raise Victim’s Immigration Status in Custody Cases (+)

This chapter is designed to help family lawyers prepare to counter attempts by abusers to raise immigration status in custody cases. Attorneys should be encouraged to use the information in this chapter to educate judges hearing custody cases about the fact that they should not consider immigration status in making custody decisions in the best interests of children. The contents of this chapter are written in a format that could be incorporated into a bench brief to a trial court in a custody matter or that would be included in materials for educating judges.

Published July 1, 2013 by

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[pdf] Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault (+)

This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, immigration, public benefits, social services, language access legal services and criminal laws in the United States. The goal is to help provide resources, assistance, and support to help immigrant victims of sexual violence and sexual harassment recover, heal, and rebuild their lives. The chapter and tools included in this manual may also be useful to advocates, attorneys, and social services professionals working with immigrant victims of domestic violence, stalking, and human trafficking.

Published July 2013 by

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[pdf] Breaking Barriers: A Complete Guide to Legal Rights and Resources for Battered Immigrants (+)

Breaking Barriers is a comprehensive tool that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to access a broad range of victim services without regard to immigration status of the immigrant crime victim or their children. Breaking Barriers provides social science research findings, information about laws, policies and best practices, legislative history, tools and checklists that will help professionals working with immigrant survivors navigate intersecting legal and social services options that are legally available to assist all immigrant victims including those who are undocumented.

Published July 2013 by

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[pdf] Chapter 15: Jurisdictionally Sound Civil Protection Orders (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter discusses the importance of and steps that advocates and attorneys working with immigrant victims of domestic violence, child abuse, elder abuse, stalking and sexual assault can take to ensure that civil protection orders issues to family, stalking and sexual violence victims are jurisdictionally sound and enforceable. It provides practice pointers for avoiding agreement to and objecting to court orders that result in state court issuance of “no-findings” protection orders and lays out best practices for receiving consent protection orders that are jurisdictionally sound and enforceable because they are based on the uncontested affidavit of a victim in a civil case.

Published July 1, 2013 by

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[pdf] Advocate’s Guide to Immigrant Survivors’ Rights and Protections (February 23, 2015) (+)

A guide for advocates and attorneys on immigrant survivors rights if they become the subject of immigration enforcement. This tool helps advocates providing advise to immigrant victims of domestic violence and sexual assault about steps both the immigrant crime victim and the advocate/attorney should take should the victim become the subject of an immigration enforcement action.

Published February 23, 2015 by

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[pdf] Immigrant and Limited English Proficient Victims’ Access to the Criminal Justice System: The Importance of Collaboration (April 30, 2013) (+)

Fact Sheet highlighting findings from a national survey NIWAP conducted documenting immigrant crime victims’ experiences when they called the police for help in domestic violence, sexual assault and human trafficking cases. The findings provide data on the use of qualified interpreters at crime scenes by police and law enforcement barriers to U visa certification. In communities where established collaborative relationships between law enforcement and victim advocates and attorneys existed, law enforcement was significantly more likely to sign U visa certifications and more likely to provide language assess for limited English proficient crime victims at crime scenes.

Published April 30, 2013 by

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[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)

This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.

Published January 1, 2013 by ,

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[pdf] The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials (December 3, 2012) (+)

The U-visa has become an important crime fighting tool that helps law enforcement officials, including police, sheriffs, and prosecutors across the country to build trust with immigrant crime victims and their communities. In this report, law enforcement officials describe the ways in which the U-visa has helped them in detecting, investigating, and prosecuting crime in their communities. (December 13, 2012).

Published December 3, 2012 by

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[pdf] Understanding and Participating in State Level Policy Advocacy (+)

This guide is a tool for advocates and attorneys working at the state and national levels on public policy advocacy to secure reforms in laws, policies and practices that improve access to justice, help, and services and to expand legal options for survivors of domestic violence and sexual assault. Describes as step by step approach to working toward policy and law reform with a particular emphasis on building relationships and cross disciplinary collaborations that are essential to securing change now and in the future.

Published October 20, 2012 by

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[pdf] Confidentiality and Immigrant Victims: Responsibilities of Shelters, Rape Crisis Centers and Victim Services Providers (July 6, 2012) (+)

Information regarding shelter victim confidentiality and how state immigration legislation may impact domestic violence and shelter programs’ ability to comply with confidentiality requirements under state and federal law.

Published July 6, 2012 by

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[pdf] Stories from the Field (+)

This collection of stories was developed to illustrate the harms to immigrant victims of domestic violence and sexual assault that would occur if proposed changes in the immigration protections offered under VAWA and U visa immigration relief were rolled back. Provisions in the House VAWA Reauthorization of 2012 proposed to make significant changes to the U visa program that would cut off U visa access for many victims, would end U visa lawful permanent residency protections, and would impose case processing changes that would endanger victim safety. This storybook contributed to President Obama issuing a veto threat of legal protections currently available in law were rolled back in VAWA 2013 for any victims. The stories illustrate how victims will be harmed if access to lawful permanent residency for u visa victims is denied; why U visa holders need lawful permanent residency, U visa case benefits for victim safety and law enforcement even when no criminal case is opened or pursued; and Perpetrator Interference With Victim Access to VAWA Immigration Relief.

Published May 16, 2012 by ,

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[pdf] Collecting Stories to Illustrate the Need for Proposed Reforms to Aid Immigrant Victims (+)

Story collection allows advocates to assess and document the problems that victims face in their communities when they seek help from the police, the justice system, victim services, social services, or the healthcare system. This story collection tool provides a step by step guide to help advocates, attorneys and community based programs working with crime victims document problems in the field that victims encounter that impede their access to services, the justice system, health care and other assistance and legal rights. This story collection process can be tailored to a variety of different issues and groups of victims.

Published October 12, 2011 by

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[pdf] Somewhere to Turn (+)

A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.

Published July 2011 by

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[pdf] New Dangers for Battered Immigrants: The Untold Effects When Immigrant Victims Have to Leave the U.S. to Obtain Lawful Permanent Residency as VAWA Self-Petitioners (+)

The stories recounted in this volume document the experiences of battered immigrants from around the country. In all of these cases, battered immigrants either filed or are in the process of filing self-petitions. Once the battered immigrant’s self-petition is approved the victim may apply for lawful permanent residency. The purpose of this compilation has been to highlight the potential hardships and dangers that battered immigrants face if they would be required to leave the United States and travel abroad to receive lawful permanent residency based upon their approved VAWA self-petition. Historically, battered immigrants abused by their U.S. citizen or lawful permanent resident spouses or parents have been generally able to attain lawful permanent residency while continuing to reside in the United States. The stories collected here were used to secure amendments in VAWA 2000 that together with DHS policies allow immigrant victims to obtain lawful permanent residency without being required to leave the United States.

Published 2011 by ,

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[pdf] Services and Assistance Legally Available to Help Immigrant Victims of Violence Against Women (+)

Training powerpoint on public benefits from the December 1, 2010 Sioux Falls, South Dakata

Published December 1, 2010 by

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[pdf] Sexual Assault Response Team: SART Handbook (+)

The Sexual Assault Response Team (SART) handbook was developed by the Oregon Attorney General’s Sexual Assault Task Force and was updated by the Oklahoma Office of the Attorney General. This is a national curriculum that provides basic and intermediate information on sexual assault dynamics, law enforcement response, preliminary investigation, victim interviewing and evidence collection and use. It also contains a discussion of best practices for collaboration and a coordinated community response to sexual assault.

Published July 1, 2009 by

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[pdf] Intimate Partner Violence in Immigrant and Refugee Communities: Challenges, Promising Practices, and Recommendations (+)

This document describes intimate partner violence (IPV) in immigrant and refugee communities in the United States; acknowledging IPV as a widespread, costly, and complex social problem nationwide, with serious health and safety implications.

Published March 2009 by

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[pdf] T and U-visa Holders Need Legal Permanent Residency: Real Life Stories (+)

A collection of real life stories that illustrate the hardships U visa and T visa holders face without access to lawful permanent residency included in the U visa and T visa statues. This collection was submitted to the U.S. Department of Homeland Security and the Office of Budget and Management as part of advocacy to secure issuance and influence the protections that would be included in the T and U visa lawful permanent residency (adjustment of status) regulations.

Published July 3, 2008 by

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