This project was supported by a Cooperative Agreement awarded by the Violence Against Women Grants Office, Office of Justice Programs, U.S. Department of Justice, to the International Association of Chiefs of Police.
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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. § 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:
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.
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:
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).
An order of protection issued in another jurisdiction is enforceable when:
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.
Federal law prohibits an abuser subject to a qualifying order of protection from possessing firearms and ammunition. 18 U.S.C. 922 § (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.
§
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.
§
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.
§
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.
Factors to consider in determining serious injury/lethality potential 4 :
Technical assistance is available to law enforcement and victims of domestic violence to answer specific questions and to facilitate effective enforcement.
National Domestic Violence Hotline
(800) 799-SAFE, TTY (800) 787-3224
(24 hours/day, for referral to State and local
programs)
"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:
If a qualifying order of protection has been issued, the officer should take possession of all weapons in the abuser's possession through voluntary means or through application of local, State, tribal, territorial and Federal laws pursuant to departmental policy.
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.
"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
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