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Notice to Defendant Filing of Protective Order

Full Faith and Credit Project

Publication Date: June 2000


Notes

© 2000

For more information or for technical assistance, call the Full Faith and Credit Project (800) 256-5883 ext. 2 or (202) 265-0967 ext. 2.

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_____________________________,
Plaintiff

v.

_____________________________,
Defendant

IN THE ______________________ COURT OF
_______________________________(County/Judicial District)
_______________________________(State/Territory)

CIVIL ACTION - LAW

PROTECTION/RESTRAINING ORDER

Docket No. ____________, 20______

Emergency Protection for Abuse Order

NOTICE TO THE DEFENDANT

IF YOU VIOLATE THIS COURT ORDER, YOU WILL BE [ insert state criminal/civil penalty ].

PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT OF 1994, 18 U.S.C. § 2265, THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS AND U.S. TERRITORIES. VIOLATION OF THIS ORDER MAY SUBJECT YOU TO FEDERAL CHARGES AND PUNISHMENT. 18 U.S.C. § § 2261(a)(1), 2262(a)(1) and (2). MOREOVER, IF A FINAL ORDER SHOULD BE ENTERED AGAINST YOU AFTER HEARING, YOU MAY BE SUBJECT TO FEDERAL PENALTY FOR POSSESSING, TRANSPORTING, OR ACCEPTING A FIREARM UNDER THE 1994 AMENDMENT TO THE GUN CONTROL ACT, 18 U.S.C. § 922(g)(8).

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_____________________________,
Plaintiff

v.

_____________________________,
Defendant

IN THE ______________________ COURT OF
_______________________________(County/Judicial District)
_______________________________(State/Territory)

CIVIL ACTION - LAW

PROTECTION/RESTRAINING ORDER

Docket No. ____________, 20______

Temporary Order of the Court

NOTICE OF HEARING AND ORDER

YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must appear at the hearing scheduled herein. You are warned that if you fail to do so, the case may proceed without you and a Final Order may be entered against you for the relief requested in the Petition. You may lose property, money, or other rights important to you.

If a copy of the TEMPORARY ORDER OF THE COURT is attached, you MUST obey it. If you disobey this Order, the police may arrest you.

If a FINAL PROTECTION ORDER is entered against you at the hearing, the provisions of the Violence Against Women Act listed on the following page will continue to apply to the Order. Moreover, you may be prohibited from possessing, transporting, or accepting a firearm under state law and, if a FINAL PROTECTION ORDER is entered against you, you may be prohibited from possessing, transporting, or accepting a firearm under federal law, 1994 amendment to the Gun Control Act, 18 U.S.C. § 922(g)(8).

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THE HEARING. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP.

_________________County Lawyer Referral Service
[insert Street Address]
[insert City, State and ZIP]
[insert Phone Number]

NOTICE TO THE DEFENDANT

PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. § 2265, THE TEMPORARY ORDER OF THE COURT SHALL BE GIVEN FULL FAITH AND CREDIT IN ANY OTHER STATE OR TRIBAL LAND AND SHALL BE ENFORCED AS IF IT WERE AN ORDER ISSUED IN THAT STATE OR TRIBAL LAND.

IF YOU TRAVEL ACROSS STATE OR TRIBAL LAND LINES WITH THE INTENT TO INJURE THE PLAINTIFF AND THEN INTENTIONALLY COMMIT A CRIME OF VIOLENCE CAUSING BODILY INJURY TO THE PLAINTIFF, YOU MAY BE CONVICTED OF COMMITTING A FEDERAL OFFENSE UNDER THE VAWA, 18 U.S.C. § 2261(a)(1). YOU MAY ALSO BE CONVICTED OF COMMITTING A FEDERAL OFFENSE IF YOU CAUSE THE PLAINTIFF TO CROSS STATE OR TRIBAL LAND LINES FOR THIS PURPOSE. 18 U.S.C. § 2262(a)(2).

IF YOU TRAVEL ACROSS STATE OR TRIBAL LAND LINES WITH THE INTENT TO VIOLATE THE FINAL PROTECTION ORDER AND SUBSEQUENTLY VIOLATE SUCH ORDER, YOU MAY BE CONVICTED OF COMMITTING A FEDERAL OFFENSE UNDER THE VAWA, 18 U.S.C. § 2262(a)(1). YOU MAY ALSO BE CONVICTED OF COMMITTING A FEDERAL OFFENSE IF YOU CAUSE THE PLAINTIFF TO CROSS STATE OR TRIBAL LAND LINES FOR THIS PURPOSE. 18 U.S.C. § 2262(a)(2).

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_____________________________,
Plaintiff

v.

_____________________________,
Defendant

IN THE ______________________ COURT OF
_______________________________(County/Judicial District)
_______________________________(State/Territory)

CIVIL ACTION - LAW

PROTECTION/RESTRAINING ORDER

Docket No. ____________, 20______

Final Order of the Court

NOTICE TO THE DEFENDANT

IF YOU VIOLATE THIS COURT ORDER, YOU WILL BE [ insert state criminal/civil penalty].

PURSUANT TO THE VIOLENCE AGAINST WOMEN ACT OF 1994, 18 U.S.C. § 2265, THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS AND U.S. TERRITORIES.

IF A FINAL ORDER SHOULD BE ENTERED AGAINST YOU AFTER THE HEARING, WHETHER OR NOT YOU ATTENDED, YOU MAY BE PROHIBITED FROM POSSESSING, TRANSPORTING, OR ACCEPTING A FIREARM UNDER THE 1994 AMENDMENT TO THE GUN CONTROL ACT, 18 U.S.C. § 922(g)(8).

VIOLATION OF THIS ORDER MAY SUBJECT YOU TO THE FOLLOWING FEDERAL CHARGES AND PUNISHMENT:

IF YOU TRAVEL ACROSS STATE OR TRIBAL LAND LINES WITH THE INTENT TO INJURE THE PLAINTIFF AND THEN INTENTIONALLY COMMIT A CRIME OF VIOLENCE CAUSING BODILY INJURY TO THE PLAINTIFF, YOU MAY BE CONVICTED OF COMMITTING A FEDERAL OFFENSE UNDER THE VAWA, 18 U.S.C. § 2261(a)(1). YOU MAY ALSO BE CONVICTED OF COMMITTING A FEDERAL OFFENSE IF YOU CAUSE THE PLAINTIFF TO CROSS STATE OR TRIBAL LAND LINES FOR THIS PURPOSE. 18 U.S.C. § 2262(a)(2).

IF YOU TRAVEL ACROSS STATE OR TRIBAL LAND LINES WITH THE INTENT TO VIOLATE THE FINAL PROTECTION ORDER AND SUBSEQUENTLY VIOLATE SUCH ORDER, YOU MAY BE CONVICTED OF COMMITTING A FEDERAL OFFENSE UNDER THE VAWA, 18 U.S.C. § 2262(a)(1). YOU MAY ALSO BE CONVICTED OF COMMITTING A FEDERAL OFFENSE IF YOU CAUSE THE PLAINTIFF TO CROSS STATE OR TRIBAL LAND LINES FOR THIS PURPOSE. 18 U.S.C. § 2262(a)(2).

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