Often, immigrant survivors of abuse may be afraid their abusers will report their lack of status to immigration authorities or that their abusers will refuse to file for status if the victims disclose the violence to law enforcement officials. Congress recognized the unique predicament faced by immigrant survivors and, in response, created alternative paths to legal immigration status and special protections in the form of VAWA confidentiality.

This project was supported by Grant No. 2013-TA-AX-K009 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Materials:

• [Slideshow] VAWA Confidentiality: Understanding the Three Safeguards and Limited Discovery Exceptions when Advocating for Survivors in Family and Criminal State Courts
• Ch. 3.2: VAWA Confidentiality, in Breaking Barriers
• Family Court Bench Card on Violence Against Women Act (VAWA) Confidentiality
• Sample Motions
  Includes a sample VAWA confidentiality protective order, motion in limine, amicus brief in criminal cases, and opposing discovery.

Further reading:

• Newsletter: VAWA Confidentiality
  This newsletter, the first in our series, is devoted to the special federal VAWA confidentiality protections designed to help protect immigrant victims of domestic violence, sexual assault, human trafficking and other crimes. This newsletter will provide you with up to date information about: VAWA confidentiality law, its protections against deportation, reliance on perpetrator provider information, limitations on immigration enforcement, and protections against disclosure of even the existence of the VAWA confidentiality protected case, with very limited exceptions.
• Government Memoranda and Fact Sheets on VAWA Confidentiality
  This contain guidance from DHS and ICE on VAWA confidentiality.
• VAWA Legislative History
  Contains the House legislative history of VAWA confidentiality and testimony by Rep. John Conyers of Michigan.
• VAWA Confidentiality Statutes
• State Laws and Confidentiality for Immigrant Victims

Understanding the Three Safeguards and Limited Discovery Exceptions when Advocating for Survivors in Family and Criminal State Courts. This project was supported by Grant No. 2013-TA-AX-K009 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

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.