Copyright © (Year N/A) International Association of Chiefs of Police
In 1994, Congress enacted the Violence Against Women Act (VAWA) directing jurisdictions [1] to give full faith and credit to valid orders of protection issued by other jurisdictions. 18 U.S.C. sect 2265.
Simply stated, full faith and credit requires that: Valid orders of protection must be enforced to protect victims of domestic violence wherever a violation of an order occurs, regardless of where the order was issued.
Abused persons who are granted orders of protection can now call upon law enforcement to protect them and to take all appropriate action against abusers nationwide.
The abuser is bound by the terms and conditions of the order of protection and may be arrested [2] and charged with violating the order and committing other substantive crimes wherever the abuser violates a valid order. It does not make any difference where the order was granted. The abuser must be arrested for a violation of an order of protection if the law of the jurisdiction where the violation occurred requires an arrest.
If an order of protection is valid in the issuing jurisdiction, it must be enforced in every other jurisdiction. Some jurisdictions grant orders:
to victims who might not be eligible for orders in the enforcing jurisdiction
for periods of time longer than authorized in the enforcing jurisdiction
containing directives against abusers that might not be available in the enforcing jurisdiction
A responding officer MUST ENFORCE the terms and conditions of the order as written. Officers are not required to know the laws of the issuing jurisdiction in order to enforce orders of protection. Officers in the enforcing jurisdiction must comply with all laws, policies, and procedures of their own jurisdiction concerning violation of orders of protection, such as mandatory arrest and victim notification, if applicable.
When victims of domestic violence leave, they and their children are at an increased risk of violence. Abusers who cross jurisdictions in pursuit of victims may be engaged in stalking, which is a significant risk indicator of life-threatening violence.
The mandate to give full faith and credit to valid orders of protection nationwide confronts law enforcement with new challenges, including the possibility of liability for failure to enforce orders of protection from other jurisdictions. Many jurisdictions have laws that provide officers with statutory immunity from liability when an officer takes reasonable action to protect a victim in a domestic violence case.
Failure to enforce a valid order of protection based on the fact that it was issued in another jurisdiction may leave officers and departments vulnerable to liability.
Understand the laws of the enforcing jurisdiction related to liability
Respond in a timely fashion
Investigate thoroughly
Follow arrest laws of enforcing jurisdiction
Offer assistance and referral to victim
Complete detailed incident reports
Charge appropriately
Follow up for victim protection
Train all law enforcement personnel
Supervise carefully to assure victim safety
Confiscate proscribed weapons
Whether an order of protection should be issued
Who is to be protected
Terms and conditions of the order
Duration of the order
Under VAWA, a protection order is defined as: any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to, another person.
The Federal full faith and credit provision of VAWA applies to both criminal and civil orders of protection. Orders may vary in form, content, length, layout and names (i.e., stay away, restraining, criminal, and emergency or temporary protection order).
In some jurisdictions, a certification form is affixed to the order of protection verifying that it is a valid order of the court. However, under Federal law, a certification form is not required for the order of protection to be enforced. Nor is there any requirement that the order or the signature of the issuing authority be original or that there be a raised seal or stamp of the court on the document. Additionally, there is no requirement in the Federal law that a victim must register the order of protection in the enforcing jurisdiction before that jurisdiction enforces the order.
Any order of protection should be presumed valid if all of the following are found:
The order gives the names of the parties
The order contains the date the order was issued, which is prior to the date when enforcement is sought
If the order has an expiration date, the date of expiration has not occurred
The order specifies terms and conditions against the abuser
The order contains the name of the issuing court
The order is signed by or on behalf of a judicial officer
After providing for victim and officer safety, it is essential that the officer read the order in its entirety. An order may state something in one paragraph and specify exceptions in another. For example, an order may state that the abuser is to have "no contact" with a victim in one paragraph, and then in another state that contact may occur to arrange for visitation with the children. In this case, if the abuser contacted the victim for any reason other than to arrange for visitation, the order was violated.
Although verification is not required under Federal law, it may be required by the enforcing jurisdiction under certain circumtances (e.g., the victim does not have a copy of the order).
Confirm the elements of a order in the NCIC Protection Order File
Review the elements of an order in State or local registries of protection orders in the issuing jurisdiction
Confirm the elements by communication with the issuing court
Review the elements of an order if previously filed with designated authorities in the enforcing jurisdiction
Draw upon personal knowledge of the officer
An order of protection issued in another jurisdiction is enforceable when:
The order appears to be valid
There is probable cause to believe that a violation of the order occurred in the enforcing jurisdiction
Where enforcement requirements have not been met, the officer in the enforcing jurisdiction may not be able to arrest specifically for a violation of the order. However, other potentially chargeable offenses may have occurred. The officer should make a warrantless arrest or seek an arrest warrant related to the criminal conduct based on the enforcing jurisdiction's law.
Sometimes an order of protection will contain a mutual "no contact" provision or it will direct both parties not to abuse each other. The full faith and credit section of VAWA requires special safeguards for inter-jurisdictional enforcement of this type of order. Basically it states that an order should be enforced against the respondent (person against whom the order was issued) and not the petitioner unless the issuing court made a specific finding that each party had abused the other. If such findings were made, the order may be enforced against both parties.
Ensure the safety of all involved
Seek medical attention, if necessary
Safeguard the victim from further abuse
Secure and protect the crime scene
Seek voluntary surrender of firearms for safekeeping purposes
Seize firearms subjects to State, territorial, local, or tribal prohibitions
Identify whether an order of protection has been violated
Evaluate the validity and enforceability of the order
Arrest for violation of the order where required by the enforcing jurisdiction
Arrest for any other criminal offenses
Seek an arrest warrant, when required, related to the criminal conduct if the abuser is not at the scene
Attempt to locate and arrest the abuser
Federal law prohibits an abuser subject to a qualifying order of protection from possessing firearms and ammunition. 18 U.S.C. 922 sect (g)(8). When an officer determines that a valid order of protection has been issued against an abuser, the officer should enforce the firearms prohibition. Seizing weapons subject to this prohibition, if allowed under State law, is essential to victim and community safety. Officers also should be knowledgeable about their own jurisdiction's law authorizing or precluding possession or transfer of weapons to third parties by a person subject to an order of protection.
"Providing the victim with referral information at the scene of a domestic incident can be the most important action an officer can take to stop domestic violence." Bobby Moody, IACP President
Officers must be familiar with Federal laws that pertain to domestic violence in order to assess whether Federal crimes have been committed. [3]
Interstate Travel to Commit Domestic Violence - 1 8 U.S.C. sect 2261 It is a Federal crime for a person to travel interstate, or leave or enter Indian country with the intent to injure, harass or intimidate an intimate partner when in the course of or as a result of the travel the abuser commits a violent crime that causes bodily injury. The abuser must intend to commit the domestic violence at the time of travel. The definition of partner is broad and basically includes a person with whom the abuser has cohabitated in an intimate relationship (including a current or former spouse) or a person who has a child in common with the abuser.
It is also a Federal crime to cause an intimate partner to cross State lines, or leave or enter Indian country by force, coercion, duress, or fraud if the abuser intentionally inflicts bodily injury to the partner during or as a result of the conduct.
Interstate Stalking - 1 8 U.S.C. sect 2261A It is a Federal crime to cross a State line with the intent to injure or harass any person if, during the course of or as a result of the travel, the traveler places the person or a member of the person's immediate family in reasonable fear of death or serious bodily injury. The definition of immediate family is broad and includes a spouse, parent, child, sibling and all household members related to the primary victim by blood or marriage.
Interstate Violation of an Order of Protection - 1 8 U.S.C. sect 2262 This law basically prohibits interstate travel or leaving or entering Indian country with intent to violate a valid protection order that forbids credible threats of violence, repeated harassment, or bodily injury. The abuser must intend to violate the order at the time of travel and a violation of the order must occur.
It is also a Federal crime to cause an intimate partner to cross State lines, or to leave or enter Indian country by force, coercion, duress, or fraud, if during or as a result of the conduct, the abuser intentionally inflicts bodily injury to the victim in violation of a valid protection order.
Address transportation and housing needs of victims by making appropriate referrals to community services
Refer victim to issuing jurisdiction for enforcement of economic provisions within order of protection
Refer victim to the appropriate court or victim advocacy agency to obtain assistance in enforcing the economic provisions of an order, such as child support enforcement
Factors to consider in determining serious injury/lethality potential [4] :
Threats of homicide/suicide
History of domestic violence and violent criminal conduct
Stalking
Depression or other mental illness
Obsessive attachment to victim
Separation of parties
Drug or alcohol involvement
Possession or access to weapons
Abuse of pets
Destruction of victim's property
Access to victim and victim's family and other supporters
Seek to verify the existence of an order
Verify victim's claim of a order of protection through reliable and credible information
Confirm through abuser's statement that an order of protection exists
Determine whether there is probable cause to believe that the abuser has committed a criminal offense
Arrest abuser if appropriate under enforcing jurisdiction's law and notify issuing authority of arrest
Refer victim to appropriate court or advocacy agency
Verify the existence of an order
Give notice to abuser of terms of the order of protection and provide abuser with a copy
Explain consequences of future violations to the abuser
Notify issuing authority that the abuser received notice and/or a copy of the order of protection
Notify issuing authority of arrest, if applicable
Determine if abuser's actions warrant arrest
Follow departmental procedure for dealing with a criminal suspect who has fled the scene
Conduct safety planning and refer victim to appropriate court or advocacy agency
Technical assistance is available to law enforcement and victims of domestic violence to answer specific questions and to facilitate effective enforcement.
International Association of Chiefs of Police (800) The-IACP
Full Faith and Credit Project (800) 256-5883
Battered Women's Justice Project (800) 903-0111, ext.2
Sacred Circle (877) 787-3244
Mending the Sacred Hoop (888) 305-1650
American Indian Law Center (505) 277-5462
Northern Plains Tribal Judicial Institute (701) 777-6176
"Law enforcement officers play a crucial role in ensuring that protection orders are enforced so that a victim is safe no matter where in the country she goes." Janet Reno, Attorney General of the United States
Federal law requires that all valid orders of protection granted by a court of any jurisdiction be recognized and enforced as if they were issued by a court where the violation occurred.
A responding officer must enforce the terms and conditions of the order as written by the issuing jurisdiction.
The order of protection is presumed valid if it has the correct names of the parties, has not expired, and is signed by an issuing authority. It should be enforced pursuant to departmental policy and the laws of the enforcing jurisdiction.
If the named respondent committed an offense under the criminal laws in the officer's jurisdiction and/or violated the court order, the officer should:
Arrest respondent pursuant to the enforcing jurisdiction's law and departmental policy
Initiate criminal complaint against respondent for the crime(s) committed and for violation of the order
Refer victims to the appropriate domestic violence program and court to seek relief
Refer victims to the National Domestic Violence Hotline: (800) 799-SAFE, TTY (800) 787-3224
Assist victims in strategically planning for their safety
Notify victims of their legal rights in the enforcing jurisdiction
If an officer concludes that Federal law was violated, the officer or supervisor in accordance with departmental procedure should contact a designated prosecutor for possible prosecution by the U.S. Attorney's office.
Defendant crossed State [5] or entered or left Indian country with intent to injure, harass or intimidate that person's spouse or intimate partner, and defendant, in course of or as a result of such travel, intentionally committed a crime of violence and caused bodily injury to such spouse or intimate partner.
Defendant caused spouse or intimate partner to cross State line or to enter or leave Indian country by force, coercion, duress or fraud in order to commit the above offenses.
Defendant crossed State line or entered or left Indian country with intent to violate order of protection and then violated the order of protection by making a threat or committing harassment or bodily injury.
Defendant caused victim to cross State line or to enter or leave Indian country by force, coercion, duress, or fraud and, in the course of, or as a result of such conduct, intentionally injured the victim in violation of an order of protection.
"Through its full faith and credit provision, the Violence Against Women Act is designed to ensure that valid protection orders are enforced in each and every jurisdiction in America. The statute affords important and often lifesaving protection for victims of domestic violence who cross state or tribal lines--whether to go to work, visit relatives, or seek safe haven from abuse. Law enforcement officers play a crucial role in ensuring that protection orders are enforced so that a victim is safe no matter where in the country she goes. I hope that you will find this booklet helpful in your efforts to stop domestic violence and save lives.
Janet Reno Attorney General of the United States
To America's Law Enforcement Officers:
Protecting victims of domestic violence is a critical part of our job. The actions you take in these situations can clearly save lives. Orders of protection are issued to ensure the safety of victims of domestic violence. We need to enforce these orders to the best of our abilities. The "full faith and credit" component of the 1994 Violence Against Women Act requires law enforcement officers to enforce valid orders across the boundaries of states, tribes and territories. Once an order of protection is issued by a jurisdiction, it is enforceable in any other jurisdiction in the United States . Both the Attorney General and the IACP are deeply concerned about domestic violence. This booklet is an excellent primer on orders of protection and full faith and credit. I urge you to read it--and act on it.
Bobby D. Moody IACP President
[1] For the purposes of brevity, the term "jurisdiction" will be used to refer to a State, the District of Columbia, a commonwealth, territory, or possession of the United States, and to Indian tribes.
[2] For tribal law enforcement technical assistance regarding arrest, contact Sacred Circle.
[3] Legislation is being considered that may change some of the laws. Contact the U.S. Attorney in your jurisdiction for an update. For the following Federal crimes, the law defines State to include: a State of the United States, the District of Columbia, a commonwealth, territory, or possession of the United States.
[4] These factors can be helpful in many cases, but are not guaranteed predictors of future violence
[5] 'State' includes a state of the United States, the District of Columbia, a commonwealth, territory or possession of the United States.
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