Interstate Domestic Violence.

Many people wonder whether crossing state lines alone makes them the target of a federal prosecution. They often feel as though the Violence Against Women Act, or the federal statutory scheme more broadly, establishes a single, overarching federal offense that imposes civil and criminal liability without regard to jurisdiction. However, Section 2261 is one of several different federal statutes that have various requirements and elements.

Under Section 2261(a)(1), a person must travel in interstate or foreign commerce, enter or leave Indian country, or be present within the special maritime and territorial jurisdiction of the United States with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and, in the course of or as a result of that travel or presence, commit or attempt to commit a crime of violence against that person. Additionally, in order to trigger prosecution under Section 2261(a)(1), the defendant must also meet specific intent requirements. This means that the travel or presence must be undertaken with the intent to kill, injure, harass, or intimidate the spouse, intimate partner, or dating partner, and the defendant must then commit or attempt to commit a crime of violence against that person in the course of or as a result of the travel or presence.

The protections afforded under Section 2261(a)(1) also include all protected domestic relationships. Specifically, this statute covers cases involving:

• Spouses
• Former spouses
• Intimate partners
• Dating partners

Can an Interstate Domestic-Violence Case Lead to Multiple Prosecutions?

While interstate domestic violence cases often involve conduct that is subject to prosecution under state law as well, they do not preclude prosecution in state court. If federal and state authorities obtain evidence for overlapping conduct, both may seek to prosecute under their separate criminal statutes.

Does the Violence Against Women Act Establish One Universal Domestic-Violence Offense?

It is also important to understand that Section 2261 is just one of many federal statutes under VAWA. While these statutes collectively impose civil and criminal liability for various interstate domestic violence acts, VAWA itself does not create one universal federal domestic-violence offense. Instead, VAWA serves as a comprehensive body of federal law designed to enforce victims’ rights and provide victim protections across the United States.

Which Federal Offenses Require Travel, Compelled Movement, or Stalking Conduct?

Under Section 2261(a)(1), an interstate domestic violence case involves:

• Defendant traveled in interstate or foreign commerce, entered or left Indian country, or was present within the special maritime and territorial jurisdiction of the United States;
• Defendant had the qualifying intent to kill, injure, harass, or intimidate; and
• Defendant committed a crime of violence.

Under Section 2261(a)(2), interstate domestic violence involves:

• Defendant caused his or her spouse, intimate partner, or dating partner to travel in interstate or foreign commerce or to enter or leave Indian country;
• Defendant caused such travel by using force, coercion, duress, or fraud; and
• Defendant caused a crime of violence to be committed during the travel or following the travel.

How Does the Application of Section 2261(a)(1) Differ from Section 2261(a)(2)?

If you are in trouble, the distinction between Section 2261(a)(1) and Section 2261(a)(2) may feel like a distinction without a difference. However, these sections implicate important differences in the analysis of federal jurisdiction. For example, unlike under Section 2261(a)(1), the enforcement of a Section 2261(a)(2) charge does not require that the defendant have the preexisting intent to travel to commit a crime of violence. But, as with Section 2261(a)(1), a charge under Section 2261(a)(2) requires that the domestic violence be intentional. In other words, it is not sufficient for the domestic violence to be committed during the travel, it must be an intentional crime of violence.

These differences are one of several reasons why defending against a federal interstate domestic violence charge requires a thorough and strategic approach. If you have or your loved one is facing a charge under Section 2261, we strongly recommend contacting our team immediately. We will work with you to protect your rights while seeking to end the investigation or prosecution as quickly as possible.

When Can a Protection Order Support Federal Charges or Interstate Enforcement?

In addition to cases involving compelled interstate travel and other interstate violations, federal domestic violence charges can also be filed in cases involving a protection order. For example, Section 2262(a)(1) includes cases involving travel with the intent to violate a valid protection order. This provision requires:

• Travel crossing state lines;
• Intent to engage in conduct that violates the relevant portion of the protection order, or that would violate it in the jurisdiction where the order was issued; and
• An actual violation of the protection order.

Under Section 2262(a)(2), federal domestic violence liability can be asserted in cases involving:

• Compelling a spouse or intimate partner to travel from one state to another or travel from one point to another;
• Using force, coercion, duress, or fraud to cause such travel;
• An intent to violate a valid protection order, or travel from one state or U.S. Territory; and
• Conduct that violates the relevant portion of the protection order in the course of, as a result of, or to facilitate the travel;

While domestic violence protection orders are most often issued by the states, domestic violence is one of many legal issues subject to the Full Faith and Credit Clause of the U.S. Constitution. Under Section 2265, a protection order issued by one State, Indian tribe, or territory must be accorded full faith and credit by the courts and law-enforcement personnel of another State, tribe, or territory. This means protection orders can be enforced across state lines, and their violations can trigger federal charges. For a protection order to qualify for full faith and credit under Section 2265, the protection order must meet several specific criteria:

• The protection order must be issued by a state, tribal, or territorial court that has jurisdiction over the parties and the matter under applicable law;
• The defendant must have received notice of the hearing and have been given an opportunity to appear in person; and
• The protection order must be issued by a state, tribal, or territorial court with jurisdiction over the parties and matter, and the person against whom the order is sought must receive reasonable notice and an opportunity to be heard sufficient to protect that person's due-process rights.

While these provisions represent substantial rights for those seeking protection in cases of domestic violence and stalking, they also provide clear guidelines for defendants to ensure that their constitutional rights are not violated by overreach by federal authorities.

The attorneys at Spodek Law Group carry more than fifty years of combined experience between them.

What Prison and Restitution Exposure Follows a Federal Domestic-Violence Conviction?

If the government obtains a conviction under Section 2261, the law mandates several different possible sentences. Absent substantial proof of certain aggravating results, defendants may face up to five years of federal imprisonment. However, the penalties for a conviction under Section 2261 increase to:

• Up to 10 years in federal prison for causing serious bodily injury to a spouse, intimate partner, or dating partner, or when use of a dangerous weapon in the commission of a crime of violence is involved;
• Up to 20 years in federal prison for causing permanent bodily injury or life-threatening bodily injury to a spouse, intimate partner, or dating partner; and
• Up to life imprisonment for causing a spouse, intimate partner, or dating partner’s death in commission of a crime of violence.

Along with the potential for significant prison sentences, Section 2264 requires federal courts to order restitution for any offense under Chapter 110A. Restitution is one of many additional remedies available to victims of interstate domestic violence, in addition to protection orders and removal of firearms access. When seeking restitution for a qualifying offense under the Violence Against Women Act, the court can order the defendant to pay:

• Damages related to personal injury and medical expenses;
• The cost of lost wages resulting from the offense;
• Property loss and repair costs; and
• Other restitution deemed appropriate by the court.

How Do Federal Firearm Rules Attach to Protection Orders and Misdemeanor Convictions?

Under federal law, domestic violence is a violent crime that leads to firearm ownership restrictions. More specifically, federal authorities pursue firearms charges under Sections 922(g)(8) and 922(g)(9).

Section 922(g)(8) prohibits a person from possessing any firearm if the person is subject to a protection order issued by a court within the United States, or another country to which the United States gives full faith and credit. For the protection order to be qualifying under this section, the order must meet two specific criteria:

• The order was issued after a hearing of which the defendant received actual notice and at which the defendant had an opportunity to participate; and
• The order identified a credible threat of violence, or prohibited the intentional use of physically injurious force, or prohibited the intentional threat of physical injury or physical force, against the defendant’s spouse, intimate partner, or dating partner.

Under Section 922(g)(9), federal charges may be brought in situations involving a misdemeanor domestic violence conviction. Section 922(g)(9) prohibits possession of any firearm if the defendant:

• Has been convicted under federal, state, or tribal law of a misdemeanor crime of domestic violence;
• The offense has as an element the use or attempted use of physical force, or the threatened use of a deadly weapon;
• The criminal offense was committed by the defendant against an intimate, family member, or dating partner; and
• The prohibition on firearm possession is subject to the requirements and exceptions contained in Sections 921 and 922.

These firearm restrictions apply equally whether the protection order or conviction occurred in the state where the defendant is facing charges or in another state, which can present unique complications for the defense.

Get Advice on Your Situation

If you want someone to look at the specifics of your case, Spodek Law Group handles federal criminal defense nationwide from New York and Los Angeles. The firm has been practicing since 1976 and its motto is simple: we owe loyalty to only you. Call 888 348 8028.