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Battered Women’s Justice Project

Template Trifold Brochure: Domestic Violence Protection Orders and Extreme Risk Protection Orders

Domestic Violence Protection Orders (DVPOs) and Extreme Risk Protection Orders (ERPOs) are types of injunctions issued by a civil court. Both can prohibit the person subject to the order from possessing or purchasing firearms or ammunition. However, DVPOs and ERPOs are not interchangeable, and there are a number of key distinctions between the two.

This trifold template brochure is intended to guide legal practitioners, advocates, and others in creating a resource for survivors that outlines the important differences between the two orders using information specific to their jurisdiction. When survivors know what each type of order can and cannot do, they are able to make more informed choices about how to keep themselves and their children safe.

Battered Women’s Justice Project

Storage Options and Considerations for Relinquished Firearms

When someone becomes prohibited from accessing a firearm under Federal or state law that prohibition applies to firearm(s) they already owned or had possession of. The person subject to the firearm prohibition (due to domestic violence protection order, domestic violence conviction, or other reason) must ensure that they no longer have access to their firearm(s) or they can be subject to criminal penalties. When these firearms are turned in to law enforcement or a suitable proxy (such as a federally licensed firearm dealer), there are considerations for how to accept, store, and return those firearms. This resource explores options and considerations for having a process in place to store relinquished firearms.

Battered Women’s Justice Project

The Fifth Amendment and Firearms Relinquishment Programs

The Fifth Amendment to the U.S. Constitution states that no person “shall be compelled in any criminal case to be a witness against himself.” This right against self-incrimination protects individuals from being forced to provide evidence or testimony that would implicate them in a crime or could expose them to a criminal prosecution. The Fifth Amendment has been interpreted by courts to extend to civil proceedings if there is a reasonable possibility it could expose them to a criminal proceeding in the future. Civil protection order proceedings are an example of this. This paper explores how communities can balance protecting the Fifth Amendment rights of protection order respondents while still ensuring compliance with orders to relinquish firearms.

Battered Women’s Justice Project

Court Watch and Firearms: Framework and Lessons Learned from Three Communities

Court watch programs, in various forms, have existed in the United States since at least the early 1970’s. Though the focus of court watch programs may be varied, they all generally “serve to highlight the realities of our legal system by recording data, uncovering stories, identifying trends, and highlighting problems.” A cornerstone of the U.S. judicial system is that court proceedings are generally presumptively open to the public. Court watch programs operate by having someone from the program observe proceedings, either in person or virtually. Observers are often looking for and noting a particular procedure or outcome of the court but may also be conducting general observation. Communities around the country are using court watch programs as part of their strategy to reduce firearm-involved domestic violence. In this resource, we highlight how programs in three communities (Spokane, WA; Montgomery County, MD; and Madison, WI) are leading firearm-focused court watch efforts and the lessons they have learned so far.

ASISTA Immigration Assistance

The Wrong Help Can Hurt: What Domestic Violence and Sexual Assault Advocates Need to Know About the Unauthorized Practice of Law

Domestic violence and sexual assault advocates (“DV/SA advocates”) provide critical services and supports to immigrant survivors of domestic violence, dating violence, sexual assault, and stalking. Out of a genuine desire to support survivors, some advocates may unwittingly engage in the practice of law. This resource will discuss the unauthorized practice of law, explain why it is harmful for immigrant survivors, and detail how advocates can effectively serve immigrant survivors without practicing law.

ASISTA Immigration Assistance

Hot Tips for Contacting USCIS About Pending Survivor-Based Cases

This Practice Pointer synthesizes current recommendations for using USCIS customer service options for survivor-based relief applications. It also discusses how to supplement pending survivor-based petitions via mail, with the hotlines as a backup paper trail. As noted throughout, the information is accurate up to the publication date, but should always be cross-checked with information on USCIS’s website and Policy Manual for the most up-to-date government provisos.

ASISTA Immigration Assistance

VAWA’s “Age-In” Rule under INA § 204(a)(1)(D)(i)(III)

The age-in rule is a statutory provision designed to protect VAWA derivatives from losing eligibility when they turn 21. This written resource describes the age-in rule and provides practical tips for practitioners to harness its potential.

Inspire Action for Social Change

Guide for Developing Internal and External Relational Policies & Procedures for Supervised Visitation & Safe Exchange Programs

 

This publication provides guidance to OVW-funded supervised visitation and safe exchange programs to develop internal and external policies & procedures for supervised visitation & safe exchange programs.

 

Battered Women’s Justice Project

Understanding The Difference Between a Domestic Violence Protection Order (DVPO) And an Extreme Risk Protection Order (ERPO)

“A domestic violence protection order (DVPO) is issued by a court to protect a survivor of family or intimate partner abuse/violence and requires the person subject to the order to do, or not do, certain actions. DVPOs can protect the survivor in many ways, including: ordering the respondent from coming near the survivor or their home or workplace, from communicating with the survivor, providing for custody or visitation, provisions related to housing, express prohibitions against further harassment, threats, stalking or other abusive behaviors against the survivor and their children. DVPOs can also prohibit the respondent from accessing firearms or ammunition during the time the DVPO is in effect. All U.S. states and territories have laws providing for DVPOs.

As of late 2024, 21 U.S. states and Washington, D.C. have laws providing for extreme risk protection orders (ERPO), a court order that requires the person subject to the order to turn in firearms and ammunition in their possession and can prohibit the respondent from purchasing firearms and ammunition while the order is in effect.

It is important for survivors to have access to information about the differences between these legal tools.”

Battered Women’s Justice Project

The New Misdemeanor Dating Violence Federal Firearms Prohibitor: An FAQ for Victim Advocates

This resource explains what changes the Bipartisan Safer Communities Act made to narrow the so-called “boyfriend loophole,” how “dating relationships” are defined by this law, and how victim advocates can support survivors whose current or former dating partners may have access to, or be prohibited from accessing, firearms.

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