Violence Against Women Act (VAWA)

📌 Link to the Text of the Act

Read the statute (34 U.S.C. § 12291 et seq.)

📌 Why It Was Done

VAWA was enacted to address domestic violence, sexual assault, and stalking, creating comprehensive legal protections, victim services, and funding for law enforcement and prevention programs.

📌 Pre-existing Law or Constitutional Rights

Before VAWA, protections for victims of gender-based violence were scattered and inconsistent across states. The Act created the first major federal framework.

⚖️ *Note:* In *U.S. v. Morrison (2000)*, the Supreme Court struck down VAWA’s federal civil remedy provision as exceeding Congress’s Commerce Clause power.

📌 Overreach or Proper Role?

Supporters argue VAWA saves lives and provides essential protections. Critics contend some provisions federalize crimes traditionally handled by states and raise due process concerns.

📌 Who or What It Controls

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  Law enforcement agencies (receive funding for training and victim services)
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  Courts (implement stronger protections for victims)
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  Victim service providers (receive federal grants)
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  Perpetrators of violence (face tougher penalties and federal jurisdiction in certain cases)

📌 Key Sections / Citations

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  34 U.S.C. § 12291: Definitions and purposes
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  Title IV: Grants for victim services and shelters
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  Protection orders recognized across state lines

📌 Recent Changes or Live Controversies

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  Reauthorized multiple times (2000, 2005, 2013, 2022)
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  Expanded to cover LGBTQ+ survivors, Native American tribes, and improved housing protections
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  Debates continue over gun restrictions for domestic abusers and federal vs. state roles

📌 Official Sources

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  Congress.gov – VAWA 1994
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  U.S. Department of Justice – VAWA
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  National Network to End Domestic Violence