Step-by-step guide for attorneys and judges on VAWA confidentiality and discovery with links to resources, tools, case law, Amicus Briefs, and sample bench briefs and motions.
VAWA Confidentiality > Confidentiality Sample Motions & Briefs
Topic: Confidentiality Sample Motions & Briefs
Sample motions and briefs regarding VAWA confidentiality.
[pdf] Briggs v. Hedgpeth- 9th Cir ( October 7, 2014) (+)
This document is for educational use only. The case found that it was erroneous to preclude the defense from asking about U visa benefits that were offered to the victim, but also found that it was a harmless error because there was substantial evidence of the crime.
[pdf] Briggs v Hedgpeth – Order Denying Writ of Habeas Corpus (March 19, 2013) (+)
This document is for educational use only. The case found that it was erroneous to preclude the defense from asking about U visa benefits that were offered to the victim, but also found that it was a harmless error because there was substantial evidence of the crime.
[pdf] Sample Amicus Curiae Brief VAWA Confidentiality and Family Court Discovery (2011) (+)
Sample redacted brief on VAWA Confidentiality opposing state family court discovery motions. 2011
[pdf] Amicus Curiae Brief of Legal Momentum, Sanctuary for Families, and NIWAP (2012) (+)
Amicus Brief filed by Legal Momentum opposing criminal court discovery of VAWA confidentiality protection information contained in federal immigration case file.
[pdf] Amicus Curiae Brief EEOC v Koch Foods (October 22, 2015) (+)
Amicus Brief in a federal employment discrimination case brought by the EEOC and immigrant employees who were victims of sexual assault and other crimes against Koch Foods in Mississippi. The Amicus Brief discusses VAWA confidentiality its legislative history and purpose and argues why VAWA confidentiality protected case files in VAWA self-petition and U visa cases should not be discoverable in an employment civil action. The case cites cases denying discovery in state family and criminal court cases.
[pdf] Sample Criminal Court VAWA Confidentiality Protections – Amici Curiae Brief of Legal Momentum, Sanctuary for Families, and National Immigrant Women’s Advocacy Project (2012) (+)
Legal Momentum, Sanctuary for Families, and National Immigrant Women’s Advocacy Project submitted this brief on VAWA confidentiality protections as Amici curiae in support of the Defendants’ Motion to Dismiss in the United States District Court for the Eastern District of New York in a criminal court case.
[pdf] Sample Brief on VAWA Confidentiality Barring Discovery in a Family Court Case (+)
Sample brief opposing discovery of VAWA confidentiality protected case files in a family court case base on Amicus Curiae brief filed in a family court case in support of a Motion for a Protective Order before the Superior Court of Cobb County, Georgia.
[pdf] Sample Plaintiffs’ Motion in Limine to Strike the Defendants’ Pleadings, Motions, and Advocacy for Pleadings and Motions for Violation of Federal Rule of Civil Procedure 11 (+)
Sample plaintiffs’ motion in limine to strike the defendants’ pleadings, motions, and advocacy for pleadings and motions for violation of federal rule of civil procedure 11. This sample includes a discussion of VAWA confidentiality and how Rule 11 sanctions may be applicable when opposing counsel is making threats of deportation or criminal prosecution of an immigrant crime victim during or before a civil trial.
[pdf] Sample Motion for Protective Order Addressing VAWA Confidentiality Protections in Family Court Cases (2009) (+)
Sample motion for protective order in family court cases to prevent disclosure of VAWA confidentiality protected information.
[pdf] Amicus Curiae Brief of Legal Momentum in Hawke v. Department of Homeland Security (+)
Legal Momentum’s brief as Amicus Curiae in opposition to petitioner’s attempts to circumvent the confidentiality requirements of VAWA statutes in Hawke v. Department of Homeland Security, United States District Court, Northern District of California, San Jose Division.