National Center on Protection Orders and Full Faith & Credit Millicent Shaw Phipps, Managing Attorney

This project is supported by Grant No This project is supported by Grant No. 2016-TA-AX- K052 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

History and Information Violence Against Women Act passed in 1994. Contains a full faith and credit provision mandating inter- jurisdictional enforcement of protection orders. National Center on Full Faith and Credit was created in 1995 to assist in implementation of the Full Faith and Credit provision of VAWA . Providing Technical Assistance and information on FFC and federal and state firearm laws related to domestic violence since its inception. Name change to National Center on Protection Orders and Full Faith & Credit to highlight the extensive protection order TA provided.

About our work… All things having to do with domestic violence, sexual assault, stalking and dating violence protection orders, from issuance to enforcement. Information on inter-jurisdictional enforcement of protection orders and implementation of full faith and credit. Federal and state firearm laws as they relate to domestic violence. We provide technical assistance, legal research, promising practices, full faith and credit and firearm guides, etc.

FFC Enabling Legislation To provide clarification to the Federal law, 49 state legislatures have passed their own full faith and credit laws. One state has attorney general guidelines. Enabling legislation varies by state to state Some states have enacted the “Uniform Interstate Enforcement of Domestic Violence Protection Orders Act” Some tribal codes include provisions on full faith and credit or recognition of protection orders issued in other jurisdictions. Some statutes track the Federal statute very closely. Others diverge from the language of the statute.

Full Faith and Credit Publications available at wwww Full Faith and Credit Publications available at wwww.fullfaithandcredit.org

ENFORCING JURISDICTION Which Laws Apply? ISSUING JURISDICTION ENFORCING JURISDICTION whom the order protects the terms and conditions of the order (including all relief issued) how long the order remains in effect (e.g. pendency of a criminal case, lifetime, 18 months) how the order is enforced (e.g. contempt of court or a separate crime) the arrest authority of responding law enforcement detention & notification procedures penalties & sanctions for violations

Engaging in a Best Practice Assessment of the Civil Protection Order System A Little Background

NCPOFFC and the Burgundy Book In 2005, the Family Violence Department of NCJFCJ published “A Guide for Effective Issuance & Enforcement of Protection Orders” (Burgundy Book), created in partnership with OVW and NCPOFFC. The Burgundy Book advanced implementation of the VAWA Full Faith and Credit provision by addressing inconsistent and ineffective issuance, service, and enforcement of protection orders.

Civil Protection Orders: A Guide for Improving Practice The Burgundy Book was re-envisioned, updated and renamed: “Civil Protection Orders: A Guide for Improving Practice” (CPO Guide). The section “Common Ground” details overarching principles that should guide the protection order process. Each profession involved in the process has its own section providing information on its unique roles and responsibilities.

CPO Guide Assessment Tool

CPO Guide Assessment Tool To assist communities in implementing the principles of the CPO Guide, NCPOFFC created: Engaging in a Best Practice Assessment of the Civil Protection Order System (CPO Guide Assessment Tool) This tool provides a systematic way to assess and improve protection order practice.

What is it? A method to: Assess the efficacy of different portions of the protection order process as administered in your jurisdiction. Identify challenges and obstacles to a victim- centered and accessible protection order process. Encourage policies and procedures that increase the effectiveness of the protection order system in promoting victim autonomy and offender accountability.

Tool’s purpose Format is applicable to any jurisdiction and: Allows assessment of all or part of the protection order system. Assists in identifying challenges in the system. Aids in identifying stakeholders willing to facilitate systems change. Discourages finger pointing or scapegoating a single discipline or actor. Encourages meaningful dialogue that aids in meaningful improvement.

Who can use the tool? Any jurisdiction, regardless of: Size Resources This tool is designed to provide guidance to jurisdictions with different levels of resources on how to assess some or all of its protection order process to increase victim safety and offender accountability.

What the assessment entails: Identify the key players in the protection order process and selection of a work group that helps lead the assessment. Identify what is assumed or expected to happen in the existing protection order process (mapping and gathering applicable rules/regulations). Identify what is actually happening (file and form review, observations, walk-throughs and interviews). Identify where and how policies and procedures need to change to support a system that comports with best practices. Develop recommendations for change and present to agency leaders.

How is the work of the assessment completed?

NCPOFFC Provides Technical Assistance How much? Extensive: Site visits by NCPOFFC staff, Coordination with workgroup, Guidance on completing assessment tasks effectively, Assistance with compiling report and recommendations Limited: Telephone assistance Q & A when needed Guidance on completing assessment tasks

How the assessment is conducted… Worksheets Sharing findings with working group Distilling overall findings and making recommendations. Sharing findings and recommendations with agency leaders.

National Center on Protection Orders and Full Faith & Credit Informational Materials & Brochures Technical Assistance & Problem-Solving (On-Site) Individualized Training National Conferences Enewsletters/Webinars

National Center on Protection Orders and Full Faith & Credit For assistance, please call: (800) 903- 0111, prompt 2. Email: ncffc@bwjp.org Web: www.fullfaithandcredit.org