GovTrack’s Bill Summary
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Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
Family Violence Adult Protection Act of 1990 -
Amendments to Family Violence Prevention and Services Act
Amends the Family Violence Prevention and Services Act to bar the making of payments from allotments under such Act by the Secretary of Health and Human Services to States which fail to provide certain procedural protections for victims of family violence. Includes among such protections provisions with regard to: (1) the availability of a temporary order of relief (providing that the victim may, through a civil hearing, obtain temporary relief from acts of family violence; authorizing the court to conduct ex parte proceedings and to order appropriate relief; and requiring clerks of the court, upon request and without charge, to advise victims of family violence on completing pleadings and other documents necessary to file a petition for relief or a motion on violation of an order); (2) responses of law enforcement officers (requiring responding officers to treat allegations of family violence in the same manner as if the alleged violence had occurred between unacquainted individuals; requiring an immediate response where the victim states that physical injury is imminent or has occurred, that the victim has previously been subjected to family violence by such individual, or where the violence involves a violation of an order or temporary relief; requiring such officers to inform the victim of the availability of judicial remedies and of any shelters for victims of family violence in the area; and requiring such officers, upon request of the victim, to provide transportation to a medical facility, shelter, or other place of safety; (3) threats of arrests against complainants (prohibiting officers from threatening the arrest of individuals alleging family violence as a means of discouraging further requests for police assistance); and (4) arrests of perpetrators of violence (authorizing an officer having probable cause to believe that an individual has committed an act of family violence to arrest the individual without regard to whether such act was committed in the officer's presence or whether the victim signs a complaint; and requiring the officer to file a written report where an arrest is not made). Sets forth provisions with respect to: (1) the handling of mutual allegations of violence; (2) immunity from civil liability of officers arising out of arrests in domestic violence cases; and (3) notice, duration, and contents of an order of relief. Directs the Attorney General to provide a grant to the State Justice Institute to develop model programs to be used by the States in training judges on spousal abuse and family violence law.
Amendments to Title 18, United States Code
Amends the Federal criminal code to establish penalties for traveling, or causing another to travel, in interstate commerce with intent to injure a spouse, where during the course of such travel or thereafter such individual violates any State law concerning domestic or family violence. Establishes penalties for the interstate violation of protection orders involving family violence. Requires the court to order that individuals traveling to commit spousal abuse or to violate protection orders pay restitution to the victim, subject to specified guidelines. Provides for full faith and credit of such protection orders among the States.
House Republican Conference Summary
The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.
No summary available.
House Democratic Caucus Summary
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