Increasing Your Safety: Full Faith and Credit for
Protection Orders
National Center on Protection Orders and Full Faith & Credit, Battered Women's Justice Project
1901 N. fort myer drive, suite 1011
Arlington, VA 22209
Toll free: 800-903-0111, Prompt 2
direct: 703-312-7922
fax: 703-312-7966
Website: www.fullfaithandcredit.org
This project was supported by Grant No. 2006-WT AX-K047 awarded by the Office on Violence Against
Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations
expressed in this publication/program/exhibition are those of the author(s) and do not necessarily
reflect the views of the Department of Justice, Office on Violence Against Women.
n.d.
Battered Women's Justice Project
About This Guide
Do you have a protection order or are you thinking about
applying for one? And,
Are you moving to a different community?
Do you work and live in different locations?
Are you going to school out of state or off tribal land?
Are you planning a vacation or extended travel?
Do you shop in another state or off the military installation?
Are you going to an event outside the community where you reside?
If you answer <quote>yes</quote> to any of
the above questions, then
this guide is for you.
This guide is for you, or
someone you know who has,
or plans to seek, a protection
order and may travel across
county, state, territorial,
tribal, or international
lines, on to military
installations, or within U.S.
maritime jurisdictions. This
information is intended to
help you understand the full
faith and credit provision of the Violence Against Women Act (VAWA),
18 U.S.C. § 2265 (2006), by explaining the federal law and offering ideas
about how to get help if you have problems with the enforcement of your
protection order.
What is a protection order?
Under VAWA, a protection order
is defined as . . . any injunction,
restraining order, or any other order issued by a civil or criminal court
for the purpose of preventing violent or threatening acts or harassment
against, sexual violence, or contact or communication with or physical
proximity to, another person . . . .
This expansive definition also includes
any support, child custody or visitation provisions, orders, remedies
or relief issued as part of any protection order, restraining order or
injunction.
18 U.S.C. § 2266(5).
What is full faith and credit?
A valid protection
order issued in
one state, tribe, or
territory must be
enforced throughout
the country.
The full faith and credit provision of VAWA, 18 U.S.C. § 2265, states that
a valid protection order issued in one state, tribe, or territory must be enforced throughout the country. That means if
you obtain a valid protection order in your state, it
is enforceable in your state as well as in any other
jurisdiction you may travel to in the United States.
This includes protection orders issued by judicial
officers in all 50 states, tribal lands, the District of
Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, American Samoa, the Northern
Mariana Islands, and Guam.
Names for Protection orders
Orders issued to prevent domestic violence, sexual assault, dating
violence, or stalking may be called many things, including:
Stay away order;
No contact order;
Restraining order;
Harassment order;
Protection from abuse order;
Stalking protection order;
Injunction for protection; or
Emergency, temporary, or ex parte order.
A divorce or dissolution agreement may include protective
provisions. Bail, probation, or parole conditions may include
provisions not to abuse, harass, or contact. These provisions and
conditions are also considered protection orders.
These orders may be on a form or handwritten. They may be
issued orally by a judge or judicial official. Orders also vary in length
and content.
How do I know if my protection order is valid?
Any protection order that is issued by a state, tribe, territory, or the District
of Columbia is valid and entitled to full faith and credit if:
The issuing court had authority over the survivor and the abuser
(i.e. personal jurisdiction), and had the authority to hear the case
(i.e. subject matter jurisdiction); and
The abuser was given notice of the order, the date of the hearing, the
right to appear, and the opportunity to be heard should the abuser wish
to offer testimony in opposition to the entry of a final order.
If you have a temporary, emergency, or ex parte order, it is also entitled to
full faith and credit if it meets certain requirements. See page 14 of this
guide for more information.
Be Prepared
The legal process can be very confusing and complicated. A domestic
violence advocate can help you understand the legal process and provide
you with information about what to expect and how to prepare if you
choose to seek assistance from the court. Advocates can also help you with
a safety plan tailored to protect you and your family. Look for an advocate
who works for a domestic violence, sexual assault, dating violence, or
stalking program. You may also call the National Domestic Violence
Hotline at 800-799-SAFE (7233); TTY: 800-787-3224.
For assistance with protection order issues or the enforcement of your
protection order, please call the National Center on Protection Orders and
Full Faith & Credit (NCPOFFC) at 800-903-0111, prompt 2, or visit www.fullfaithandcredit.org. NCPOFFC staff can also assist you with finding
advocacy services where you are currently residing, or in any area where
you plan to relocate.
Practical Tips for Implementation of Your Protection Order
Review your protection order to make sure that it contains the relief
that the judge granted. If something is missing or incorrect, bring it to
the attention of the court before leaving or having copies made.
Get certified copies of your protection order and carry at least one copy
with you at all times. The court must provide free copies.
Provide copies of the protection order to any law enforcement agency
that you may ask to enforce your protection order, to your employer,
friends and relatives, to your child’s school or day care facility, and to
other people as appropriate.
Obtain information (written or oral) regarding whether the order has
been served on the abuser. This information may be provided by law
enforcement, the agency that served the order, or the court that issued
the order.
Keep track of all the abuser’s violations of the order. It is important to
document all contact that the abuser initiates with you. This includes
phone calls, messages sent through other people, visits to home or
work, and e-mail or text messages. Keeping track of violations will help
law enforcement take steps to protect you. This record of the abuser’s
behavior may be used to provide evidence of the abuser’s conduct in
future legal proceedings.
Discuss with an advocate the procedures you may have to follow to get
your protection order enforced in your community. If you move to
another community, find out its procedures for enforcing protection
orders. This is important because procedures for enforcement vary.
Understand the pros and cons of filing or registering your order in
another jurisdiction. Filing or registration may enhance enforcement
but may also reveal your presence in that jurisdiction.
Make safety plans and routinely update them to include changes as they
occur in your life.
Contact the local domestic violence program in any community where
you may live short- or long-term.
Go to a shelter, if necessary.
Contact a legal services office in your area for help with legal matters.
Enforcement of Your Protection order
Law enforcement officers,
prosecutors, and the courts
are required to enforce all
protection orders, whether
issued in their jurisdiction
or in another state, tribe,
or territory.
Under the full faith and credit provision, law enforcement officers,
prosecutors, and the courts are required to enforce all protection orders,
whether issued in their jurisdiction or in another state, tribe, or territory.
That means if police are authorized to arrest someone for violation of a
local order, they may also arrest for violation of a non-local order. If law
enforcement has warrantless arrest authority in the enforcing location,
they should arrest for all violations
they observe or believe occurred
there. If the abuser has left the scene
of the violation, law enforcement
may seek a warrant and arrest
the abuser when the abuser is
located. The provision also means
prosecutors may charge the crime
of violation of protection order
and any other illegal conduct that
occurred in their jurisdiction.
Judges will hear the case according to the laws where the violation
occurred.
It will be easier to enforce your protection order if the information on
the order is clear and is known by you. This information includes:
The name of each party clearly identified. This means your name,
the abuser’s name, and the other parties who are covered by the
protection order.
The date the order was issued.
The date the order expires, if your order has an expiration date.
The name of the judicial officer who signed the order.
The signature of the judge or judicial officer who granted the order.
The terms and conditions of the order that limit or mandate certain
conduct of the abuser.
The location and phone number of the issuing court.
It is also helpful to know the date of birth, Social Security number, motor
vehicle registration, or driver’s license number of your abuser. Additional
information that can aid in service or enforcement of your protection
order includes:
Your abuser’s home and work addresses;
A description of your abuser, including tattoos and other distinctive
features; and
A description of your abuser’s car and license plate number.
Although the information is not required for enforcement under federal
law, knowledge of the above may help in the service or enforcement of
your protection order.
Practical tips for dealing with Law enforcement
It will help law enforcement if you:
Keep a copy of your protection order with you at all times to show law
enforcement when you report violations.
Provide information regarding whether your order was served or your
abuser had notice of the order.
Keep a picture or a description of the abuser handy and be ready
to provide personal information about your abuser, such as Social
Security number, driver’s license number, and date of birth.
If you move, it is important to discuss the protocol in the new location with local law enforcement and advocates familiar with the local protection order enforcement process.
Practical Tips for Dealing with Prosecutors and Courts
Your state, tribal, or local prosecutor should know how to pursue charges
for violation of an order of protection issued in another judicial district.
However, if prosecutors do not know about full faith and credit, it will be
helpful if you:
Provide the prosecutor and the court with a certified copy of your
protection order.
Keep a copy of this guide with you when you meet with prosecutors
and when you appear before a judge at a hearing.
Bring an advocate who works for a domestic violence, stalking, sexual
assault, or dating violence program with you for support and assistance
when dealing with prosecutors and the courts.
Other Important Areas for Consideration
Relocating to a New Jurisdiction
You may choose to move to a new location for many different reasons.
It is important to consider whether it is necessary or preferred to get a
protection order prior to moving to the new location. Some states have
laws that will allow you to flee violence and petition their courts for an
order of protection when you arrive in the new location. Other states do
not have this type of statute, meaning you need to get a protection order
where the violence occurred, before moving. Some states have laws that
limit your ability to move with children unless you notify or have the
consent of the other parent. It is important to act within the law so your
actions will not be used against you in future court proceedings. If you
plan to relocate with your child, speak with an advocate or attorney to
discuss custody and visitation issues.
It is especially important to consider these factors before relocating if
you have children:
Does your protection order have a custody or visitation provision?
Are your children listed as protected parties on the protection order?
Do you have any family court orders regarding custody or visitation?
Is your move permanent or temporary?
Will you need to obtain a passport or visa for yourself or your children?
International Moves or Leaving the United States
You should seek legal advice before you leave the country. If you plan to
move to another country, or plan to leave the United States for vacation,
your protection order will probably not be enforceable in the other
country. Full faith and credit means that protection orders are honored
as long as you are in one of the 50 states, on tribal land, in U.S. territories,
or within U.S. maritime jurisdictions. International child custody laws
are quite different from state, tribal, or territorial custody statutes. The
legal relationships of other countries with the United States can be
quite complex. Legal issues may need to be addressed before you leave
the United States. It is extremely important to talk to an attorney or
advocate well versed in international law to protect your interests. It is also
important to adjust your safety plan to factor in international travel.
Immigration or Citizenship Issues
If you are not currently a citizen of the United States or lawfully within the
country, you are still allowed to access civil courts to petition for protective
relief. Every abused person, regardless of citizenship, is entitled to apply for
a protection order. Non-citizens should consult an attorney knowledgeable
in immigration law before seeking a protection order from the courts.
Legal issues related to immigration status may arise during issuance or
enforcement. Note: While it is not necessary, it may be helpful to file
an immigration application before or at the same time as seeking a
protection order.
Confidentiality
There are many organizations available to help you navigate your situation.
You will be asked to discuss your situation with many different people, and
at times you may provide personal information. Some of the people with
whom you speak are required by law to keep communications between
the two of you confidential. This is called a communication privilege.
Communications with your attorney are confidential. Your attorney
will not disclose information that you provide without your agreement.
Advocates working for community-based domestic violence or sexual
assault organizations usually are bound to confidentiality unless you
waive the privilege in writing. Communications with health workers are
generally confidential, but a court may require that some of your medical
records and communications with health care providers be disclosed
in court.
Other discussions may not be confidential. Information provided
in discussions with government-based professionals may be relayed to
other people and may not remain private. If a person is employed by
a government agency (such as a victim specialist in a law enforcement
agency, prosecutors, a victim/witness coordinator in a prosecutor’s
office, or a court clerk), your communications with them will not be
confidential. Before disclosing any information, if you are uncertain
whether communications will remain confidential, feel free to ask
professionals with whom you are speaking whether your communications
are confidential and whether they will diligently protect your information
from disclosure.
Internet Prohibition
With the increased use of technology to share information among law
enforcement agencies and the courts, it is common for jurisdictions to
place information regarding civil and criminal cases, including protection orders, in secure governmental databases or on websites to allow for easy
access to case information. VAWA limits the personal information that can
be publicly posted on the Internet. It specifically prohibits information
regarding the registration, filing of a petition for, or issuance of a
protection order, restraining order, or injunction in either the issuing or
enforcing
jurisdiction, if such information would be likely to publicly
reveal the identity or location of the party protected under such order.
18
U.S.C. § 2265(d). Many state laws and procedures prohibit the disclosure
of the fact that you have obtained a protection order from being posted on
public websites. Talk to an advocate about laws in your jurisdiction.
Custody Issues
In many jurisdictions, you can ask for child custody, visitation, or support
as part of the relief awarded in your protection order. Custody, visitation,
and support provisions in protection orders are entitled to full faith and
credit, and enforceable in other locations. This means a custody award,
including visitation and support provisions, that is part of your protection
order must be enforced elsewhere as if your order was issued in that other
state, tribe, or territory.
Custody provisions in
protection orders are
entitled to full faith and
credit, and are enforceable
in other locations.
If a violation does occur,
enforcement action may be
taken by law enforcement or
through the civil court system.
Law enforcement officers may
be able to assist you by treating
your order as if it were issued
in their jurisdiction. Depending
on the laws and policies of that
jurisdiction, officers may be allowed to pick up children, or even arrest for
violation of the custody provision in your protection order. An advocate
will be able to give you information regarding the law enforcement
response in the jurisdiction.
You may also ask the civil court system to enforce your protection
order. To do so, file papers with the local court describing how the custody
provision of the protection order has been violated. The court will make a
determination based on your request that may include imposing fines or
other penalties, or compelling the violator to comply with the order.
Keep in mind that you may need a civil attorney to assist you in bringing
this case to the courts, especially if you are seeking enforcement of the
custody provision in a jurisdiction other than the one that issued the
protection order.
Protection Orders and Military Installations
There are some differences between military and civilian protection
orders. Military protection orders are enforceable only on the base
where they are issued. These orders do not meet the due process
requirements for full faith and credit because the abuser is not given
notice and the opportunity to be heard. Since military protection orders
cannot be enforced off the installation, you may want to consider also
getting a civil protection order in a judicial district near the military
installation. If you live off base, go off base regularly, are moving off
base, or are relocating to a new base, a civil protection order issued by
a civilian court can offer you protection in the new location. Civilian
protection orders must be enforced on base. Many abused individuals
have both a military protection order and a civilian protection order.
If you are thinking about getting a military protection order,
there are a few things you should consider. Remember that reporting
incidents of abuse to military personnel, other than clergy, is not
typically confidential. Anything you say to military personnel
regarding violence or abuse to yourself or your children must be
reported to command staff. If you need to tell someone something
confidential, ask the person if your conversation is protected by
confidentiality requirements.
Restrictions on Firearm Use and Possession
Who is not allowed to have firearms?
The Gun Control Act, 18 U.S.C. § 922(g), (n), prohibits possession,
purchase, transportation, or shipment of firearms and ammunition by
the following:
Those convicted of a felony;
Fugitives from justice;
Unlawful users of, or those addicted to, illegal drugs;
People who a court has found to be mentally ill or who have been
committed to a mental institution;
Undocumented immigrants, refugees who have overstayed their
length of stay, or those admitted into the United States under a nonimmigrant
visa, unless the non-immigrant meets certain exceptions to
the Gun Control Act;
People dishonorably discharged from the Armed Forces;
People who have renounced their U.S. citizenship;
Individuals subject to a qualifying protection order;
Those convicted of a qualifying misdemeanor crime of domestic
violence; and
People under indictment for a crime punishable by incarceration for
more than one year.
Persons against whom
protection orders have
been granted may
be prohibited from
purchasing, possessing,
or using firearms or
ammunition.
Persons against whom
protection orders have
been granted may be
prohibited from purchasing,
possessing, or using firearms or
ammunition by federal, state,
tribal, or territorial law for
the duration of the protection
order. The federal gun law
requires (as do many state,
territorial, and tribal laws) that the protection order was entered to safeguard the abuser’s intimate partner
or the child of either the abuser or the abused person. In addition, under
federal law the order must prohibit the abuser from harassing, stalking, or
threatening the intimate partner or the child of the partner or the abuser,
or from engaging in behavior that puts the intimate partner or the child in
reasonable fear of bodily injury. 18 U.S.C. § 922(g)(8)(A). The order must
include either a written finding that the abuser presents a credible threat to
the intimate partner’s safety or that of the child, or a written prohibition
against the use, attempted use, or threat of physical force that could cause
physical injury. 18 U.S.C. § 922(g)(8)(B)-(C).
Qualifying relationships are cases where the petitioner is:
A spouse or former spouse of the respondent or defendant;
A person who lives or who has lived with the respondent or
defendant (i.e., who resides or resided together in a sexual or
romantic relationship);
A child of the respondent or defendant, a child of the intimate
partner, or a child in common of the respondent or defendant and
the intimate partner (including where parental rights have been
terminated);
A person with whom the respondent or defendant has or had a
child in common (regardless of whether they were married or
cohabitated).
A qualifying relationship does not include:
Boyfriends or girlfriends who do not live together or have never
lived together;
Elder abuse;
Brothers who abuse siblings, uncles who abuse nieces and nephews,
grandparents who abuse grandchildren, etc.;
Roommates, neighbors, or strangers.
Note: These lists of relationships are not exhaustive and are examples used to
illustrate the types of relationships that may trigger the federal firearm prohibition.
See 18 U.S.C. § 921(a)(32) and 18 U.S.C. § 922(g)(8).
Federal law also requires the abuser to have actual notice of the hearing
on the order and the opportunity to be heard at that hearing. If the
abuser does not appear at a hearing of which the abuser had prior notice,
the abuser may still be federally prohibited from possessing a firearm or
ammunition.
Judicial Notification Regarding
Federal Firearm Prohibitions
Courts are now required to notify all domestic violence offenders of
the two federal domestic violence-related gun prohibitions. Courts
must inform all domestic violence offenders that they may be subject
to federal firearm prohibition(s). The notification should also inform
the abuser of applicable state, tribal, or territorial laws that may limit
purchase or possession of firearms and ammunition. It is important
that offenders are aware of these prohibitions. With this notification
by the courts, either in writing or orally, offenders are provided notice
that they may be at risk of federal prosecution if they possess firearms
or ammunition, or attempt to purchase either one.
If an abuser who is subject to a protection order is a police officer, in
the military, or works for a government agency that requires the abuser to
carry a firearm while on duty, there is an exception to the gun prohibition
known as the official use exemption.
18 U.S.C. § 925(a)(1). This
exemption only applies to weapons carried during working hours. These
weapons must be surrendered to the government agency at the end of the
work day. The abuser is still prohibited from having personal weapons for
the duration of the protection order.
An abuser convicted of a misdemeanor crime of domestic violence may
be prohibited from possessing a firearm by federal law. 18 U.S.C. § 922(g)
(9). The abuser must have been a current or former spouse of the victim; a
parent or guardian of the victim; have a child in common with the victim;
cohabitate or have cohabitated with the victim as a spouse, parent, or
guardian; or be a person similarly situated to a spouse, parent, or guardian.
The abuser must be convicted under a part of a misdemeanor statute that
specifies that the criminal conduct is the use or attempted use of physical
force, or threatened use of a deadly weapon.
Other firearm prohibitions may also apply. In many jurisdictions,
abusers who are subject to a valid protection order, or who have been
convicted of a misdemeanor, may be prohibited from possessing,
purchasing, or transferring firearms and ammunition under state, tribal,
or territorial law. The laws may also prohibit individuals from possessing
firearms if they are under a firearm restriction in a different jurisdiction.
Ask your advocate about laws that may prohibit your abuser from
possessing or using a firearm, or contact NCPOFFC at 800-903-0111
prompt 2, or visit the website at www.fullfaithandcredit.org.
Tribal Protection Orders, Tribal Law Enforcement,
and Tribal Courts
I have a tribal court protection order, but I am leaving tribal lands
to live, work, or visit somewhere else. Is my protection order valid? State and territorial law enforcement and courts are mandated under
the full faith and credit provision of VAWA to fully enforce protection
orders issued by tribal courts. Enforcement may be by civil law or
criminal prosecution, or both. Your protection order from a tribal
court is required to receive the same kind of response outside Indian
Country as it is would be inside Indian Country. Other tribes are also
required to enforce your order.
I have a state protection order, but I am moving to, living on, or
visiting an Indian reservation. Is my protection order valid? The full faith and credit provisions of VAWA require tribal courts
to recognize and enforce protection orders from all states, tribes,
and territories. If you have a state or territorial protection order and
you are living or staying in Indian Country, you should know that
most tribal courts have the authority to enforce all protection orders
issued through civil or criminal proceedings. It may be advisable to
check with tribal law enforcement to find out about their policies for
enforcing foreign orders.
There is one major exception: tribal courts do not have the
authority to impose criminal sanctions against non-Indians.
However, tribal police can take non-Indian perpetrators into custody
and transport them to state or federal authorities. Tribal courts can
exclude non-Indian violators from tribal lands, use their civil laws to
compel non-Indians to complete tasks required by protection orders,
and impose fines against non-Indian abusers.
If you need additional assistance with a tribal protection order, please
look in the resources section of this guide for an appropriate technical
assistance provider.
Frequently Asked Questions
What does it mean for the abuser to receive notice or be served with a
protection order?
Personal service or being personally served means that the abuser was
given a copy of the petition or pleading requesting the order and the
protection order. If a court hearing has been scheduled, the abuser will
also be informed about the hearing date and the rights of accused persons.
Law enforcement usually, but not always, serves petitions and orders. The
individual serving the petition and order on the abuser completes a proof
of service and submits the proof to the court for entry into the court
records. Notice is a broader concept that essentially means that the abuser
was told about or shown the protection order or otherwise knew about it,
or otherwise knew about the order, its term, and its conditions.
Are emergency or ex parte orders valid and enforceable under
federal law?
Ex parte orders are emergency or temporary orders issued at the request
of the victim without prior notice to the abuser. They are valid from the
time of issuance until expiration. For example, an ex parte order that is
issued for 15 days before a hearing must be held would be valid in any
other community for 15 days. Whether the order is enforceable by arrest,
however, will depend on whether the abuser has been served with the
order or received notice of the order’s existence.
Will I be charged a fee to obtain a protection order?
Jurisdictions receive certain federal funding that prohibits them from
charging the petitioner fees for filing a petition for a protection order,
costs related to issuance, registration, and service of protection orders
related to domestic violence, sexual assault, or stalking. All 50 states,
U.S. territories, and some tribes receive this funding. If you are having
trouble filing a petition for a protection order, getting the order served, or
obtaining copies of your order free of charge, contact your local domestic
violence, sexual assault, stalking, and dating violence prevention program
or NCPOFFC for assistance.
What if I have a mutual protection order?
One order that contains prohibitions restraining both you and the abuser
from doing certain things is called a mutual order. Mutual protection
orders are treated differently under the federal full faith and credit law, and
can be hard to enforce. They are strongly discouraged.
Practical Tips on Service and Notice
Most police officers will not enforce ex parte orders unless they can
verify that the abuser had notice or was served with the order.
Keep at least one copy (or two copies if your order has not been
served) of your protection order with you at all times and show it
to the police when you report a violation.
Show the police any proof you have that the order was served or
that the abuser had notice of the order. You may obtain a proof of
service from the issuing court once the abuser has been served.
If the order has not been served on the abuser before you report a
violation, or the officer is unable to verify notice, ask the officer to
serve the order on the abuser and arrest the abuser for any other
crimes the abuser committed in the enforcing jurisdiction.
Ask the officer to notify the issuing jurisdiction that the
protection order was served and to provide the issuing
jurisdiction information on whether an arrest was effected for
violation of the protection order in the enforcing jurisdiction.
If your abuser files for a protection order first, you may want to file a
counter-petition against him or her. If the court issues a mutual order at
the final hearing, request that the court include specific findings that both
you and the abuser are entitled to protection. Another option is to file for
a separate protection order. Note: If you are the first to file, a protection
order issued should be enforceable in any judicial district to protect you,
but it is not enforceable against you outside the issuing jurisdiction unless
the abuser filed a counter-petition and the court made specific findings
that the abuser is also entitled to protection. 18 U.S.C. § 2265(c). Contact
an advocate for information about the problems associated with enforcing
mutual protection orders.
Do I have to register or file my protection order in the new jurisdiction to
get it enforced?
Federal law requires law enforcement and the courts to enforce your
protection order even if you have not registered or filed it in the new
jurisdiction. You may want to consider registering or filing your protection
order if you relocate. Listed below are some risks and benefits to
registration.
Registration or filing can help law enforcement and courts to verify
your order’s existence, as well as proof of service, and may increase the
likelihood of enforcement.
Although federal law clearly indicates that registration is not required
for enforcement, many jurisdictions still have law enforcement
practices that require registration or filing for enforcement to occur.
You or your advocate may want to remind court or law enforcement
personnel who handle the filing or registration of your protection
order that federal law prohibits jurisdictions from sending notice to the
abuser, unless you request notice to be sent.
Filing or registration may be impossible or impractical in some
circumstances. For example, if you have to travel a great distance to
file your order, the cost may be too great. If your abuser is stalking you
across state or tribal lines, you may want to keep your whereabouts
confidential, and registration of your order may risk disclosure of your
residence in the new jurisdiction.
You may want to talk to a domestic violence advocate who can explain
the process and help you decide whether filing or registration is a good
decision for you.
I am a petitioner in a protection order hearing. Am I able to purchase or
possess a firearm?
As long as you are not prohibited by state, tribal, territorial, or federal law,
you have the right to own and possess any firearm that is legally purchased
by or transferred to you. You are also legally able to purchase and possess
ammunition. Keep in mind that possession of a firearm does not guarantee
your safety, and a weapon obtained for personal protection may be used
against you.
May I turn in my firearms?
You may be able to temporarily store firearms that were legally purchased
or transferred to you or the abuser with your local law enforcement agency.
Criminal penalties may arise from possessing illegal firearms. Some law
enforcement agencies have created waivers on criminal punishment
when illegal guns are surrendered. You may want to inquire whether you
are immune from prosecution for surrendering illegal firearms before
deciding how to rid yourself of illegal firearms. To get directions on how
to turn over firearms (either for surrender or storage), you may want to
consult with your attorney, advocate, local law enforcement agency, or
the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Safety Planning
Your safety is most important
Safety planning is very important for you and your loved ones. To learn about safety
planning, contact your local domestic violence, sexual assault, stalking, and dating
violence prevention program or visit their website, where there may be links to safety
planning guides. A protection order is only one part of a safety plan and one tool that
you can use to escape violence. No one thing can guarantee your safety
at all times. Safety planning is an ongoing process. Part of the process is risk
assessment—considering how, where, and when your abuser might use violence against
you or your children. Another part of the safety planning process is finding allies who
will help you develop plans to avoid violence or who will help safeguard you when your
abuser becomes violent. If your employer has an Employee Assistance Program, you may
wish to speak with a representative about security at the workplace and any assistance
the program may provide. You can ask for help and support from an advocate at a local
domestic violence, sexual assault, stalking, or dating violence prevention program. Many
tools and resources are available to help increase your safety and protect your children.
Safety planning can include, but is not limited to the following:
Thinking of a safe place to go if an argument occurs.
Making a list of safe people to contact.
Memorizing important phone numbers.
Establishing a code word or sign so that family, friends, teachers, or co-workers
know when to call for help.
Thinking about what you will do or say to your abuser if he or she becomes violent.
Changing your phone number.
Screening calls.
Saving and documenting all contact, messages, injuries, or other incidents involving
the abuser.
Changing locks, if the abuser has a key.
Planning how to get away if confronted by an abusive partner.
Varying your routine.
Notifying school and work contacts about the abuse, and actions you would like
them to take if the abuser comes on site.
Thinking about what you can do to keep your children safe.
Getting to know the local domestic violence, sexual assault, stalking, and dating
abuser program staff and the resources they offer.
Avoiding staying alone.
Choosing to meet your abuser only in safe public places.
If you leave the relationship or are thinking of leaving, you should take important papers
and documents with you to enable you to apply for benefits or take legal action. Papers
you should take include Social Security cards, passports, documents regarding citizenship,
and birth certificates for you and your children; your marriage license; leases or deeds;
your checkbook, bank statements, charge cards, and charge account statements; insurance
policies; proof of income for you and your abuser (pay stubs or W-2s); pictures of your
abuser; and any documentation of past incidents of abuse (photos, police reports, medical
records, etc.).
Safety plans vary from person to person. You are the expert on your abuser’s behavior,
use of violence, and what you need to be safe. Choose the tools and resources that best
meet your needs.
Resources and Help
Here are some organizations that can help you and your advocate. Some
of these numbers are free to call (those that start with 800, 866, 877, or
888), and some are not. Remember that the abuser may trace the phone
numbers you call. Take care to use a phone that the abuser cannot check
for calls dialed and received. Many organizations also maintain websites
where you can find valuable information to help you. Use safe computer
practices or use a public computer to ensure your safety while navigating
the Internet. To learn about safe computer and Internet practices, go to
www.nnedv.org/internetsafety.html. You should also keep this guide in a
place where the abuser cannot find it.
For Immediate Help
For help in developing a safety plan, finding a local domestic violence,
sexual assault, stalking, or dating violence prevention program, or for
information about protection orders and how to get one, contact the
National Domestic Violence Hotline at 800-799-SAFE or 800-799-
7233 (multilingual advocates and interpreters are available); TTY: 800-
787-3224. You can also visit the National Domestic Violence Hotline
website, www.thehotline.org, to find information on safety planning and
links to resources in your area. The Teen Dating Violence Helpline can
be found at www.loveisrespect.org. Both the Hotline and the Helpline
are available 24 hours a day, 7 days a week to assist you. If you wish to
be connected to a local rape crisis center please call 800-656-4673 or
visit www.rainn.org.
Resources
Expertise on Full Faith and Credit and Federal and State Firearm Laws
National Center on Protection Orders and Full Faith & Credit (NCPOFFC)
800-903-0111, prompt 2
703-312-7922
www.fullfaithandcredit.org
ncffc@bwjp.org
Advocacy for Survivors
Battered Women’s Justice Project
800-903-0111, prompt 1; 612-824-8768; www.bwjp.org
Advocacy for Battered Women Charged with Crimes
National Clearinghouse for the Defense of Battered Women
800-903-0111, prompt 3; 215-351-0010; www.ncdbw.org
Expertise on Custody Issues
National Council of Juvenile and Family Court Judges
Family Violence Department
800-52-PEACE or 800-527-3223;www.ncjfcj.org
expertise on Interstate Custody Issues
Legal Resource Center on Violence Against Women
800-556-4053; 301-270-1550; www.lrcvaw.org
Expertise on Stalking Issues
National Center for Victims of Crime
Stalking Resource Center
Helpline 8:30 a.m.–8:30 p.m. EST (M–F)
800-FYI-CALL or 800-394-2255
202-467-8700; TTY: 800-211-7996; www.ncvc.org/src
Expertise on Tribal Issues
Mending the Sacred Hoop
888-305-1650; 218-623-4667; www.msh-ta.org
Sacred Circle
877-733-7623; http://www.sacred-circle.com (Inactive, checked 1/23/12)
Southwest Center for Law and Policy
520-623-8192; www.swclap.org
Tribal Law and Policy Institute
651-644-1125; www.tribalprotectionorder.org
Expertise on Animal Abuse/Pet Safety
American Humane Association
Pets and Women’s Shelters (PAWS) Program
703-836-PETS or 703-836-7387
www.americanhumane.org