This list of training materials on civil protection orders has been developed to assist state court judges, attorneys, and victim advocates working with immigrant survivors. It covers protection orders for vicitms of domestic violence, sexual assault and stalking. The list includes training tools, training manual chapters, bench cards, and links to webinars.
Family Law > Protection Orders
Topic: Protection Orders
Materials regarding protection orders.
[pdf] United States v. Dixon (December 2 1992-June 28 1993) (+)
United States v. Dixon (December 2 1992-June 28 1993) U.S. Supreme Court. United States V. Michael Foster (United States v. Dixon, 598 A.2d 724, 725 (D.C. 1991), cert. denied, 112 S. Ct. 1759 (1992), aff’d in part and rev’d in part, 113 S. Ct. 2849 (1993). Amicus brief filed in the Supreme Court of the United States as the organization that serves as counsel for the domestic violence victim in the underlying protection order contempt proceeding that resulted in an over 600 day sentence for multiple counts of contempt of a civil protection order. The Brief argued that victims could constitutionally enforce their protection orders without undermining the ability of the state (in this case the United States) to bring criminal charges against the domestic violence perpetrator that included numerous assaults and assault with a deadly weapon. The Supreme Court upheld the right of a victim to enforce her protection order without barring criminal prosecution by double jeopardy as long as the contempt proceeding and the criminal prosecution each require proof of additional elements under the Blockburger “same elements” test.
[pdf] Jessica Ruth Gonzales v. United States of America Inter-American Commission on Human Rights (December 5 2007) (+)
Amicus brief submitted to the Inter-American Commission of Human Rights after Castle Rock police department failed to enforce an order of protection against Ms. Gonzales’s husband. This brief argues that there is an international consensus recognizing states’ obligation to protect against domestic violence and provide effective remedies for its victims. Even if laws and orders are issued, they must be enforced. The police failure to enforce the protective order in this case, together with the United States’ failure to provide a judicial remedy for this lack of enforcement, violate established international human rights treaties and standards, under which states are required to respect, protect, and fulfil women and girls’ rights to be free from gender-based violence, including domestic violence.
[pdf] United States v. Dixon U.S. Supreme Court (December 2 1992-June 28 1993) (+)
United States V. Michael Foster (United States v. Dixon, 598 A.2d 724, 725 (D.C. 1991), cert. denied, 112 S. Ct. 1759 (1992), aff’d in part and rev’d in part, 113 S. Ct. 2849 (1993) Filed an amicus brief in the Supreme Court of the United States as the organization that serves as counsel for the domestic violence victim in the underlying protection order contempt proceeding that resulted in an over 600 day sentence for multiple counts of contempt of a civil protection order. The Brief argued that victims could constitutionally enforce their protection orders without undermining the ability of the state (in this case the United States) to bring criminal charges against the domestic violence perpetrator that included numerous assaults and assault with a deadly weapon. The Supreme Court upheld the right of a victim to enforce her protection order without barring criminal prosecution by double jeopardy as long as the contempt proceeding and the criminal prosecution each require proof of additional elements under the Blockburger “same elements” test.
[pdf] Harrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (February 11 2002) (+)
Harrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (2002) Amicus Brief explaining misuse of protection orders to penalize victims and discourage them from seeking legal relief, “mutual” protection orders as contrary to public policy, and the safety of DV victims as directly related to batterer responsibility enforced in the legal system. (Wiley, Rein & Fielding, Pro Bono)
[pdf] Marriage of David M. Salcido and Irina N. Salcido Arizona State Court of Appeals (August 24 2004) (+)
In Re the Marriage of David M. Salcido and Irina N. Salcido, Case No. 20023590 before the Arizona Court of Appeals. (2004) Filed an amicus brief in support of overturning a grant of annulment in favor of an abusive spouse who sought an annulment after a five year marriage in order to deny the victim-wife VAWA immigration status. (Crowell and Moring, Pro Bono).
[pdf] Meredith v. Muriel Crowell and Moring Supreme Court of the State of Washington (July 17 2009) (+)
Meredith v. Muriel second brief (Crowell and Moring, Pro Bono) argued that Abusive speech is not protected by the First Amendment because it is essentially conduct not expression and that a restriction in the protection order ordering an abuser not to contact DHS or interfere with his wife’s immigration case is not overbroad when weighed against the significant State interest in protecting abuse victims and does not impermissibly infringe on the abuser’s right to petition the government
[pdf] Meredith v. Muriel K&L Gates Supreme Court of the State of Washington (July 17 2009) (+)
Meredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to victims and the lethality of immigration related abuse and discussed the history and purpose of VAWA confidentiality protections.
[pdf] O.M.G. et al v. Wolf et al. U.S. District Court for the District of Columbia (March 30 2020) (+)
O.M.G. v. Wolf (2020) U.S. District Court for the District of Columbia. David Thronson, “Declaration filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf.” NIWAP coordinated a national team of law professors and recruited the law firm of Winston Strum to help draft and develop this declaration that discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data support of the impact of trauma for immigrant children in their neurobiological, cognitive, and psychological development and children’s health and well-being. Leslye E. Orloff assisted in drafting and editing the brief. (March 30, 2020)
[pdf] PowerPoint Presentation (August 17, 2023) (+)
[pdf] Court’s Role in Promoting Access to Justice for Immigrant Survivors, Justice for Families, Technical Assistance Newsletter (January 25, 2023) (+)
This newsletter discusses immigration issues that arise for state court judges in custody, protection order and other family court proceedings and how courts benefit from being able to easily look up which public benefits and services the parties before the court and their children qualify for in the state. The article connects readers more detailed information and resources.
[pdf] February 24, 2022, Civil Protection Orders for Non Citizen Survivors: What do Judges, Attorneys and Advocates Need to Know (Family Law COP) (+)
Family law community of practice convening discussing protection orders for immigrant victims of domestic and sexual violence.
[pdf] Civil Protection Orders in Battered Immigrant’s Cases (October 13, 1998) (+)
Article published in 1998 by Ayuda on protection orders and battered immigrant women with good examples of relief that can be included in immigrant victim’s protection orders.
[pdf] With No Place to Turn: Improving Legal Advocacy for Battered Immigrant Women (July 1, 1995) (+)
This article provides an overview of immigrant battered women’s legal rights and options in 1995. It discusses the VAWA self-petition, battered spouse waiver, VAWA’s new any credible evidence rules, as well as protection orders, language access, and preventing parental kidnapping.
[pdf] Immigrant Victims of Interpersonal Violence and Protection Orders (2020) (+)
Chapter in Civil Court Responses to Intimate Partner Violence and Abuse discussing immigrant the willingness of immigrant victims of domestic violence, even in times of increased immigration enforcement and fear, to continue to seek help from state family courts in protection order cases, particularly when victims receive help and support from victim advocates and attorneys.
This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.
[pdf] Domestic Violence Protection Orders – Jurisdiction and Service of Process (January 29, 2021) (+)
This chart provides the jurisdiction and service of process statutes for domestic violence protection orders in each state.
[pdf] Immigrants and Protection Orders Bench Card (March 30, 2019) (+)
This bench card for family court judges provides an overview of the issues that arise in state protection order proceedings involving immigrant crime victims. It addresses issuance and enforcement of protection orders and creative remedies that are helpful for immigrant victims.
[pdf] Protection Orders for Immigrant Victims of Sexual Assault (2013) (+)
[pdf] Unintended Consequences: How civil protection orders affect immigrants (+)
Article in the Delaware Lawyer magazine Fall 2018 – Unintended Consequences: How civil protection orders affect immigrants
*Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights (2017)
Veronica T. Thronson, Carole Angel, Soraya Fata, Rocio Molina, Benish Anver, Kalli Wells and Leslye E. Orloff, Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights. 9 Fam. & Intimate Partner Violence Q. 2-3, 1-169 (2017) This article discusses a wide range of topics that arise in custody cases […]
*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)
NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors. Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]
[pdf] BIA Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016) (+)
This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.
[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)
These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
[pdf] Slides from A Trauma Informed Approach to Attorney/Client Relationships and Collaborations: Strategies for Divorce, Custody, Protection Orders, and Immigration Cases (+)
These slides were presented by Mercedes V. Lorduy, Mary Ann Dutton, and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[docx] SJI Training Material – Minnesota (+)
A handout of the material distributed in the judge’s training in Minnesota. Interest in this training arose as a result of our work with judges in Minnesota on U visa certification by judges. Leslye Orloff and Judge Lora Livingston presented at this training in December 2015. NIWAP worked with the Judicial Education Program Manager to identify which areas needed to be addressed and issues the judges were most interested in learning more about.
*Empowering Survivors Table of Contents
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, […]
*Breaking Barriers Table of Contents
Breaking Barriers 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 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 […]
[pdf] Safety Planning Webinar Slides (September 6, 2012) (+)
Safety planning for immigrant survivors using DHS’s new victim protection policies.
[pdf] Use and Outcome of Civil Protection Orders by Battered Immigrant Women in the U.S. (+)
This presentation covers battered immigrant women’s knowledge about protection orders, their opinions about the effects of protection orders on the intimate partner violence, the reasons leading them to file for protection orders, and the remedies they sought to have in protection orders. The presentation, also, looks at the structural processes that contribute to immigrant women obtaining civil protection orders. Finally, the presentation explores battered immigrant
[pdf] Chapter 14: Protection Orders for Immigrant Victims of Sexual Assault (+)
This chapter discusses protection orders for immigrant victims of sexual assault.
[pdf] Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence (+)
This chapter addresses the importance of protection orders as a tool to prevent domestic violence and discusses the authority and obligation of family court judges to issue protection orders to all survivors of intimate partner violence. Most importantly, this chapter explains the distinct separation between the powers of family court judges to issue protection orders and other family court remedies to survivors of domestic violence and the federal authority to grant or revoke immigration status.
[pdf] Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates (+)
This document outlines the purpose of and need for protection orders in cases of domestic violence and sexual assault, the barriers that victims face in obtaining protection orders, and the intersection of protection orders and immigration concerns. The document will be particularly useful for attorneys, advocates, and judges attempting to understand the impacts of protection orders on a victim’s immigration case.
[pdf] Creative Methods in Protecting Battered Immigrants (+)
Battered immigrants often require additional protection to address specific needs sensitive to the particular dynamics of power and coercive control in the abusive relationship where the abuser is the only pathway to lawful immigration status. This chart offers creative filings that a victim may consider based on the specific behavior she wants to deter. This document will be particularly helpful to advocates and attorneys representing battered immigrants, and to judges looking to familiarize themselves with possible remedies in such cases.
[pdf] Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases (September 12, 2015) (+)
This document details the range of behaviors that would constitute “battery or extreme cruelty” used by the Department of Homeland Security (DHS) and draws examples from decisions state court judges deemed abusive/domestic violence in granting civil protection orders and determining of family violence in family law cases.
[pdf] Chapter 05.3: Jurisdictionally Sound Civil Protection Orders (+)
The chapter discusses jurisdictionally sound civil protection orders and the potential harms for victims if courts issues protection orders that are open to challenge by abusers who violate protection orders that are not jurisdictionally sound.
[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.
[pdf] Chapter 05.1: Battered Immigrants and Civil Protection Orders (+)
Civil protection orders are available in all fifty states, Puerto Rico, the District of Columbia, and all U.S territories and are designed to protect battered individuals from their abusers. The civil protection order aims to offer the victim protection from future abuse and can be crafted to uniquely address and counter abuse, power, and control in each particular relationship. When civil protection orders are appropriately drafted and consistently enforced, they can provide effective protection for victims of domestic violence. Most importantly, civil protection orders provide a victim-initiated and controlled justice response to domestic violence that does not require criminal justice system involvement. Civil protection orders are initiated by the victim, thus a victim can choose to pursue this justice-system remedy without reliance on the criminal courts. This chapter discusses civil protection orders in depth.
[pdf] Justice is More Than Jail: Why (And How) Lawyers and Advocates Can Use Existing Civil Laws to Meet Immigrant Sexual Assault Survivors’ Most Critical Needs (+)
A powerpoint presentation from the June 26-27, 2013 training in Providence, Rhode Island from session 2A.
[pdf] Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research (August 1, 2012) (+)
This article explores battered immigrant women’s use of protection orders. It presents an exploratory view of battered immigrant women’s knowledge of protection orders, the reasons leading them to file for protection orders, the remedies they sought in the protection orders, their views on what would improve the process of obtaining protection orders, and their experiences with the violations of protection.
[pdf] Family and Criminal Court Scenarios in Which Courts Will Encounter Immigrants Who Are Eligible for Immigration Protections (+)
Information and examples explaining how and in what proceedings courts may encounter immigrants who are eligible for Violence Against Women Act (VAWA and U Visa), Trafficking Victims Protection Act (TVPA), Special Immigrant Juvenile (SJIS) and Deferred Action for Childhood Arrival (DACA) immigration protections.
[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.
[pdf] Escorting Detained Parents and Other Immigrants to Court (2010) (+)
This letter used together with the ICE Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (also included in this library) describes the system for securing attendance at court hearings for immigrants in ICE immigration detention. For parents in immigration detention this letter and the Non-Medical Emergency escort policy has been replaced by the 2013 Parental Interest Directive (also included in this library). This letter and the Non-Medical Emergency escort policy will have continued availability for use by courts and attorneys seeking to have detained immigrants appear in court for proceeding that do not involve children.
[pdf] Evidence Checklist for Battered Immigrant Women Seeking Protection Orders (+)
This list is designed to provide advocates working with battered immigrants with a tool that will help them work more effectively with immigrant battered women preparing to seek protection orders. It can be used to help women who will be seeking protection orders “pro se” accompanied by an advocate and it can also be used as a tool for advocates helping women who will be represented by attorneys.
[pdf] Use and Outcomes of Protection Orders by Battered Immigrant Women (+)
Final report to the National Institutes of Justice on a grant documenting the use and outcomes of civil protection orders by battered immigrant women. (November 10, 2006).
[pdf] Ruiz v. Carrasco (1997) DC Court of Appeals (+)
Amicus brief in the case of Antonio Ruiz v. Wendy R. Carrasco, case nos. 98-FM-39 98-FM-40 on issues of civil protection orders. Ruiz v. Carrasco, DC Court of Appeals (1997) Filed an Amicus Brief was in support of a court issuing a protection order prohibiting an abusive husband from reporting his wife to government officials including (INS). (Piper Marbury Rudnick & Wolfe, Pro Bono)
[pdf] Civil Protection Orders: Victims’ Views on Effectiveness (+)
Domestic violence has moved into the spotlight in public debate in this country, particularly with the 1994 passage of the Violence Against Women Act. After years of considering domestic violence a “family matter,” the criminal justice, legal, and medical communities are now collaborating to protect women and children from abusers.
[pdf] United States v. Dixon (+)
Syllabus of United States v. Dixon regarding the issue of whether a criminal can be later charged in contempt for committing the same crime of which he is already being prosecuted (in this case for violating a Civil Protection Order).
[pdf] Providing Legal Protection for Battered Women: An Analysis of State Statutes and Case Law (1993) (+)
An article on providing legal protection for battered women and an analysis of state statutes and case law. History of state protection order statutes.
[pdf] Enforcement of Civil Protection Orders (+)
An overview of civil protection orders and how to enforce them.