ABA Commission on Domestic Violence


Mobilizing the legal profession to provide access to justice and safety for victims of domestic violence.

ABA Policy Related to Domestic Violence

Below is a list of domestic violence-related policies adopted by the ABA House of Delegates, organized alphabetically by Main Topic. Some, but not all, were sponsored or co-sponsored by the Commission on Domestic Violence (“CDV”). “Date/Mtg.” refers to the year and meeting (i.e. Annual or Mid-year) at which the policy was adopted. “ABA Vol.” refers to the ABA library volume in which the policy was recorded.

For information about How ABA Policy is Enacted or How ABA Policy May Be Used By ABA Members, click on the links or scroll to the bottom of the table.

For the full text of the Recommendation and Report for each policy, click on the ABA Volume number. (NB: only the Recommendation is adopted as policy

Date/ Mtg.	ABA Vol.	Main Topic	Primary ABA Sponsor	CDV as Co-Sponsor	Brief Summary
1991-A	116.2.1	Access to Justice (Elder & Disability)	Commission on Law & Aging	N/A	Adopting the recommendations of the National Conference on Court-Related Needs of the Elderly and Persons with Disabilities.
1995-M	120.1.3	Access to Justice (Economic)	Litigation Section	N/A	Supporting access to courts and diversity jurisdiction without regard to financial wherewithal; and opposing “loser pays” legislation.
1996-M	121.1.4	Access to Justice (Economic)	Tort Trial & Insurance Practice Section	No	Supporting the inclusion of safeguards to protect litigants from being deprived access based on economic status in any proposed Rule of Procedure, including fee shifting.
1996-A	121.2.5	Access to Justice (Parents)	Young Lawyers Division	Yes	Encouraging states to assist and support implementation of waiting rooms for children in every appropriate courthouse.
1997-A	122.2.3	Access to Justice (Language)	Individual Rights & Responsibilities Section	No	Supporting the use of languages in addition to English to provide access to the justice system.
1997-A	122.2.4	Access to Justice (Language)	Judicial Division	No	Recommending that all courts be provided with qualified, certified, professional language interpreters, and urging continuing education for judges and attorneys regarding interpreter use and selection.
1998-M	123.1	Judicial Conduct	Judicial Division	No	Encouraging jurisdictions to adopt “Suggested Program for the Appropriate Response to Criticism of Judges and Courts”
2002-M	127.1.3	Access to Justice (Disability)	Individual Rights & Responsibilities Section	No	Urging courts to ensure equal access by making courthouses and court proceedings accessible to individuals with disabilities.
2001-M	126.1.2	Asylum	Individual Rights & Responsibilities Section	No	Urging that gender-based persecution be recognized as a ground for asylum under the INA.
1978-A	121.1.4	Child Abduction (Extradition)	Family Law Section	N/A	Urging Congress to provide that removal of a child from a custodial parent in violation of a court decree is an extraditable act.
1981-A	106.2	Child Abduction (Hague Convention)	Family Law Section	N/A	Urging approval and ratification of the Convention on Civil Aspects of International Child Abduction as proposed by the Hague Conference on Private International Law.
1988-A	113.2	Child Abduction (PKPA)	Family Law Section	N/A	Urging that the Federal government have jurisdiction to resolve the issue of conflicting state claims concerning child custody disputes based on PKPA.
1997-A	122.2.2	Child Abduction (Hague Convention)	Family Law Section	No	Urging the Senate to ratify the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect to Parental Responsibility and Measures for the Protection of Children.
1980-A	105.2	Child Abuse	Young Lawyers Division	N/A	Supporting increased efforts to prevent, identify and treat child abuse and neglect.
1985-A	110.2	Child Abuse	Criminal Justice Section	N/A	Approving the "Guidelines For Fair Treatment of Child Witnesses in Cases Where Child Abuse is Alleged"
1990-A	115.2	Child Abuse (Foster Care)	Individual Rights & Responsibilities Section	N/A	State is legally responsible for removing and placing children in foster care and obligated to provide for the continued safety of foster care environments.
1992-M	117.1.1	Child Abuse Child Custody	Family Law Section	N/A	Urging states to meet the full intent of the Federal Child Abuse Prevention and Treatment Act, and to develop Standards of Practice for guardians ad litem in custody and neglect proceedings.
1996-M	121.1.2	Child Abuse	Family Law Section	No	Adopting “Standards of Practice for Representing a Child in Abuse and Neglect Cases”.
1997-M	122.1.2	Child Abuse	Young Lawyers Division	No	Supporting increased efforts to prevent child abuse and to ensure safe and permanent homes for abused, neglected and abandoned children.
1978-A	103.2.2	Child Custody (Full Faith & Credit)	Family Law Section	N/A	Urging Congress to require state courts to accord full faith and credit to child custody and visitation decrees.
1989-A	114.2.1	Child Custody	Family Law Section	N/A	Urging states to adopt the Model Joint Custody Statute making joint custody an explicit option for families which have experienced separation or divorce.
1995-A	120.2.1	Child Custody	Individual Rights & Responsibilities Section	N/A	Custody and visitation should not be denied or restricted on the basis of sexual orientation.
1995-A	120.2.2	Child Custody	Family Law Section	N/A	Recommending the establishment of a national computerized child custody registry.
2003-A	128.2.3	Child Custody	Family Law Section	No	Adopting “Standards of Practice for Lawyers Representing Children in Custody Cases”.
1989-A	114.2.2	Child Support	Family Law Section	N/A	Supporting the concept of “family support” and recommending amendments to Internal Revenue Code and Child Support Enforcement Act.
1999-A	124.2	Child Support	Family Law Section	No	Supporting efforts to removed jurisdictional immunity of international organizations in family law cases involving their employees.
2002-M	127.1.1	Child Support	NCCUSL	No	Approving the 2001 amendments to the Uniform Interstate Family Support Act.
2000-A	125.2.3	Child Visitation Exchange	Commission on Domestic Violence	Yes	Encouraging the enactment of legislation requiring courts to consider safety risks to victims of DV and their children when drafting orders containing visitation and visitation exchange provisions.
2003-M	128.1.3	Child Witness	NCCUSL		Uniform Child Witness Testimony by Alternative Method Act
1984-A	109.2	Children	Family Law Section	N/A	Urging members of the legal profession to respond to the needs of children by directing attention to issues affecting children, including guardian ad litem programs.
1989-A	114.1	Children (Grandparents)	Commission on Law & Aging	N/A	Supporting further development of state law in accordance with specified Guidelines.
1999-M	124.1	Children (Kinship Care)	Young Lawyers Division	No	Encouraging states to adopt guidelines for courts, agencies, and participating attorneys to follow when abused/neglected/ and abandoned children are placed in kinship care.
2007-M	132.1.4	Children Foster Care	Commission on Youth at Risk	Yes	Urging states to enact laws requiring licensing, regulating and monitoring of privately-operated residential treatment facilities for youth under age 18.
2007-A	132.2.1	Children Foster Care	Commission on Youth at Risk	Yes	Urging governments to enact legislation to promote comprehensive support and services for youth who age out of foster care.
1983-A	108.2	Criminal Defense	Criminal Justice Section	N/A	Approving a defense of non-responsibility for crime as a result of mental disease or defect; charging the prosecution with the burden of disproving the defendant's claim beyond a reasonable doubt; and charging the defense with proving the defect by a preponderance of the evidence.
1978-M	103.1	Domestic Violence	Section of Individual Rights & Responsibilities	N/A	Supporting efforts to combat the incidence, causes and effects of family violence and the implementation of programs to protect the victims of family violence
1978-A	103.2.1	Domestic Violence	Criminal Justice Section	N/A	Recommendations for implementation of the policy adopted in February, 1978, supporting efforts to combat family violence.
1995-M	120.1.2	Domestic Violence (Insurance)	Family Law Section	N/A	No denial of insurance benefits on the basis of the applicant's status as a victim of domestic violence.
1995-A	120.2.3	Domestic Violence (Multi-disciplinary Response)	Commission on Domestic Violence	Yes	Supporting multidisciplinary, community-based programs to respond to domestic violence, with specified recommendations.
1996-A	121.2.1	Domestic Violence (Full Faith & Credit)	Commission on Domestic Violence	Yes	Supporting implementation of the “full faith and credit” mandate of VAWA 1994, with specified recommendations.
1996-M	121.1.3	Domestic Violence (Judicial Education)	Commission on Domestic Violence	Yes	Supporting mandatory judicial education regarding domestic violence.
1996-A	121.2.2	Domestic Violence (Judicial DV)	Commission on Domestic Violence	Yes	Condemning lawyers or judges who engage in professional behavior which would constitute or condone domestic violence, urging judges and lawyers to institute workplace protocols to address domestic violence, and encouraging continuing education.
1997-M	122.1.1	Domestic Violence (Victim Safety)	Commission on Domestic Violence	Yes	Recommending that states adopt standards for programs addressing domestic violence that prioritize victim safety with specified standards.
2000-A	125.2.1	Domestic Violence (Teen Violence)	Young Lawyers Division	No	Encouraging states to include within DV statutes the same remedies, protections, and services to adolescents that are available to adults.
2003-M	128.1.2	Domestic Violence (CPO Enforcement)	NCCUSL	No	Approving the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
2003-A	128.2.1	Domestic Violence (Legal Education)	Commission on Domestic Violence	Yes	Encouraging law schools and law students to incorporate education about domestic violence within their curricula and activities.
2005-A	130.2	Domestic Violence (CPO Enforcement)	Commission on Domestic Violence	Yes	Urging governments to reduce DV by enforcing orders of protection as required under law.
2006-A	131.2	Domestic Violence (Dating Violence)	Commission on Domestic Violence	Yes	Urging governments to enact or to amend domestic violence civil protection order statutes to provide for victims who dated but do not necessarily have a child with, live, with, or are married to the perpetrator.
2007-M	132.1.1	Domestic Violence (Criminal Justice)	Criminal Justice Section	Yes	Urging bar associations and law schools to develop programs that assist victims of DV with pardon, restoration of rights, clemency, parole, etc.
2007-A	132.2.4	Domestic Violence (CPO)	Commission on Domestic Violence	Yes	Adopting “Standards of Practice for Lawyers Representing Victims of Domestic Violence, Sexual Assault or Stalking in Civil Protection Orders”
1996-A	121.2.4	Elder Abuse	Commission on Law & Aging	No	Adopting the "Guidelines for State Courts Handling Cases Involving Elder Abuse"
2002-A	127.2	Elder Abuse	Commission on Law & Aging	No	Supporting efforts to improve the response to elder abuse, neglect and exploitation.
2008-M	133.1.1	Elder Abuse	Criminal Justice Section	Yes	Encouraging states to vigorously prosecute cases of elder abuse, neglect and financial exploitation by special elder abuse units.
2000-M	125.1.2	Elder Abuse/Disabled Abuse (Hague Convention)	Commission on Law & Aging	No	Urging Congress to ratify the Hague Convention on the International Protection of Adults, and to enact legislation to that effect.
1988-M	113.1	Employment	Individual Rights & Responsibilities Section	N/A	Supporting federal and state legislation establishing minimum requirements for reasonable, unpaid, job-protected family and medical leave for employees.
1991-A	116.2.2	Firearms	Young Lawyers Division	N/A	Supporting legislation to promote educational programs directed at children and parents regarding firearm safety, stricter regulations on firearms, and criminal penalties for adults' failure to properly safeguard firearms and ammunition.
2007-M	132.1.3	Firearms	Standing Committee on Gun Violence	Yes	Supporting traditional property rights of private employers to exclude from the workplace persons in possession of firearms or other weapons.
2007-M	132.1.2	Homelessness	Commission on Homelessness & Poverty	No	Opposes enactment of legislation punishing persons experiencing homelessness, enforcing laws to a greater extent than others who engage in the same practice or act, or punishing persons for providing food, shelter, or other assistance to people who are homeless.
2007-A	132.2.3	Homelessness Education Rights	Commission on Homelessness & Poverty	Yes	Promoting the education stability and continuity of all students in foster care and students experiencing homelessness by supporting prompt school enrollment, attendance, and education success.
2003-M	128.1.1	Housing	Commission on Domestic Violence	Yes	Supporting legislation prohibiting discrimination in housing against victims of DV.
2008-M	133.1.2	Immigration	Commission on Immigration	Yes	Supporting fee levels for immigration and naturalization benefits that are not so burdensome as to deter eligible applicants from filing.
2003-A	128.2.2	Housing	Commission on Homelessness & Poverty	Yes	Urging a better understanding of the Section 8 voucher program, and opposing legislation that would repeal or de-fund the program.
1996-M	121.1.1	Legal Services	Standing Committee on Lawyers’ Public Service Responsibility	No	Adopting “Standards for Programs Providing Civil Pro Bono Legal Services to Persons of Limited Means”.
2007-A	132.2.2	LGBTQ Youth Homelessness Foster Care	Commission on Youth at Risk	Yes	Urging governments to adopt and implement laws, regulations, policies, and court rules that promote the safety, permanency, and well-being of LGBTQ youth who are homeless are involved with the foster care system.
1994-A	119.2.1	Mediation	Criminal Justice Section	N/A	Encouraging the incorporation of publicly or privately operated victim-offender mediation programs.
2000-A	125.2.2	Mediation	Commission on Domestic Violence	Yes	Recommending opt-out prerogative in any action in which one party has perpetrated DV upon the other party.
2001-M	126.1.1	Mediation	Family Law Section	No	Approving the “Model Standards of Practice for Family and Divorce Mediation”.
2002-M	127.1.2	Mediation	NCCUSL	No	Approving the Uniform Mediation Act.
1993-A	118.2	Mental Health	Family Law Section	N/A	Opposing legislation restricting discovery of mental health professionals' records in family law cases.
2004-M	129.1.2	Mental Health and Criminal Justice	Criminal Justice Section	No	Urging Congress to enact legislation addressing the large number of adults and juveniles with mental illness or disorders who come into contact with the criminal justice system, with specified recommendations.
1993-M	118.1	Military Victims of Crime	Standing Committee on Military Law	N/A	Supporting legislation to amend the Victims of Crime Act of 1984 to include victims under the Uniform Code of Military Justice.
1996-A	121.2.3	Parenting & Corrections	Criminal Justice Section	No	Supporting initiatives that seek to promote and preserve health relationships between children and their parents in correctional custody.
2000-M	125.1.1	Parenting & Corrections	Criminal Justice Section	No	Urging the funding and reauthorization of the Family Unity Demonstration Project of the Violent Crime Control & Law Enforcement Act of 1994.
1992-A	117.2	Public Benefits	Commission on Homelessness & Poverty	N/A	Urging that welfare funding at least meet the need for basic essentials of life; analysis and study prior to reductions; and should not be linked to requirements infringing on any rights.
2001-A	126.2	Public Benefits	Commission on Homelessness & Poverty	No	Supporting the enactment or amendment of welfare legislation to require constitutional protections in the administration of welfare programs.
2004-M	129.1.1	School Violence	Young Lawyers Division	No	Encouraging adoption of legislation promoting school violence prevention, education, instruction, awareness training and programs for children, parents, teachers, and school administrators.
1995-M	120.1.1	Sexual Assault	Criminal Justice Section	N/A	Opposing FRE 413, 414, and 415 as enacted by the 1994 Violent Crime Control and Law Enforcement Act.
1992-M	117.1.2	Sexual Harassment	Commission on Women in the Profession	N/A	Condemning sexual harassment.
2007-A	132.2.5	Trafficking	Task Force on International Rule of Law Symposia	Yes	Urging Congress to pass legislation that strengthens the protection and assistance for victims of trafficking.
1994-A	119.2.2	Unified Family Courts	Steering Committee on the Unmet Legal Needs of Children	N/A	Supporting implementation of Unified Family Courts, with specified recommendations.
1996-A	121.2.6	Victim Counseling & Treatment	Young Lawyers Division	No	Encouraging states to ensure that counseling, treatment, advocacy, and other assistance are made available to child victims, and to require that perpetrators to undergo counseling and other treatment.
1997-A	122.2.1	Victims' Rights	Criminal Justice Section	No	Supporting protection of victims' rights and adopting further measures to protect those rights.
1998-A	123.2	Workplace Violence	National Association of Women Lawyers	No	Urging employers to address workplace violence by adopting policies and practices to help them better prevent and manage on-site violence and threats.

How ABA Policy is Enacted

The policy-making body of the American Bar Association, the ABA House of Delegates, meets twice a year to vote on policy recommendations that are before it. Once a recommendation has passed the House, or in limited circumstances when the recommendation is approved by the ABA Board of Governors, the recommendation becomes official Association policy, enabling lobbying efforts and the creation of programs designed to implement the policy.

In most cases, policy initiatives are formulated by ABA Sections, Divisions, Commissions, or other “entities,” although certain outside organizations can also submit policy recommendations. A background report is generated supporting the recommendation, and generally details the issues addressed, and solutions proposed. Often, co-sponsorship from other ABA entities is sought, as a means of strengthening the proposal to the House of Delegates.

Once a recommendation has received approval from its sponsoring entity and any co-sponsors, it is then submitted to the House of Delegates under the sponsor’s name. The background report is also submitted, although only the actual language of the recommendation becomes policy, should it pass in the House.

How ABA Policy May Be Used by ABA Members

Status as official ABA policy enables ABA members to lobby on, speak with the media about, and try to further the particular policy. Please be advised that members must follow the policy procedure and usage guidelines outlined in the American Bar Association’s Constitution and Bylaws, Rules of Procedure of the House of Delegates. The specific procedures are as follows:

§25.1 Representation. The President or a person designated by the President shall express the policy of the Association as determined by the House of Delegates. No other member or employee of the Association may represent the Association or a section or committee before a legislative body, court, or governmental agency, unless specifically authorized by the House.

§25.3 Personal Views of Members. A member who, when making a public utterance, permits himself or herself to be identified as having an official connection with the Association or one of its sections or committees shall, if the policy of the Association on the subject matter of the utterance has been determined by the House of Delegates, fairly state that policy and, if expressing a view at variance with it, clearly identify the variance as the member’s personal views only. If there has not been, or the member has no knowledge of, any such policy determination, the member shall nevertheless identify the utterance as personal views.