Legislators Give Domestic Violence Victims More Protection

By Alice Kemp, Capital News Service Tuesday, March 29, 2011

RICHMOND – Starting in July, Virginia will expand its Address Confidentiality Program statewide to better protect the victims of domestic violence.

The program is designed to keep the addresses of domestic violence victims unknown to their abusers. It began as a pilot program in 2007, with only certain localities offering it. The program proved effective in preventing abusers from seeking out their victims. So the General Assembly decided to take the program statewide.

The House and Senate unanimously passed two identical measures to expand the program: House Bill 1757, sponsored by Delegate Tony Wilt, and Senate Bill 1199, introduced by Sen. Mark Obenshain.

Gov. Bob McDonnell signed the legislation into law on March 15. It will take effect July 1. The attorney general’s office, which operates the program, must send legislators an evaluation of the statewide implementation by Dec. 31, 2012.

The program has been limited to the counties of Albemarle, Arlington, Augusta, Dickenson, Fairfax, Henry, Lee, Rockbridge, Russell, Scott, Washington and Wise as well as the cities of Buena Vista, Charlottesville, Lexington, Martinsville, Norfolk and Roanoke. Attorney General Ken Cuccinelli recently evaluated how the program has been working there.

“After that data was collected, it was felt that data was sufficient enough to show the success of the program,” Wilt said. “Sadly, statistics show that the program is needed throughout the state.”

Obenshain agreed with Wilt, a fellow Republican from Harrisonburg.

“Right now, it is sometimes possible for an abusive spouse or family member to track down their victim using court records,” Obenshain said. “With the passage of SB 1199, victims of domestic violence will be able to use a designated substitute address on all such forms to provide an added layer of security.”

Under the program, the attorney general’s office provides a designated address that the program participant can use for all state and local records and agencies. Mail addressed to the participant is forwarded by the attorney general’s office to the participant’s actual address.

Only law enforcement officers, the attorney general and employees of the Address Confidentiality Program know the physical address of the participants.

According to the law, a person must apply for the program and be approved by the attorney general’s office. Participants are approved for one year unless certification is withdrawn or invalidated. A participant may apply for recertification every year.

“It has thus far shown to be another tool in protecting those experiencing domestic abuse, and we’re pleased to know that victims will be protected from serious injury and possibly death,” Wilt said.

As another layer of protection, records relating to the Address Confidentiality Program are exempt from disclosure under the Virginia Freedom of Information Act if they contain identifying information about a past or current program participant.

“I am always interested in common-sense ways to keep our communities safe, and expanding this pilot program is a good way to help protect victims of domestic violence from further abuse,” Obenshain said.