Author's NoteLetter from Janet Reno, Attorney General of the United
StatesLetter from Susan Kelly-Dreiss, Executive Director,
Pennsylvania Coalition Against Domestic ViolenceAbout This GuideDo you have a protection order? And?Your Safety Is Most ImportantWhat Is a "Protection Order?"What Is "Full Faith and Credit?"Important Information: You Need to Know
That...Practical Tips for You and Your Domestic Violence
AdvocateEnforcementEnforcement of Your Protection OrderPractical Tips: Law EnforcementPractical Tips:Courts &ProsecutorsPractical Tips about Tribal Courts and Law
EnforcementQuestions &AnswersResources and HelpIncreasing Your Safety: Full Faith and Credit for
Protection OrdersNational Center on Full Faith and Credit,
Pennsylvania Coalition Against Domestic Violence
Publication Date:
Not AvailableTable of ContentsAbout This GuideYour Safety Is Most ImportantWhat Is a "Protection Order?"What Is "Full Faith and Credit?"Important Information: You Need to Know
That...EnforcementEnforcement of Your Protection OrderPractical Tips: Law EnforcementPractical Tips:Courts &ProsecutorsPractical Tips about Tribal Courts and Law
EnforcementQuestions &AnswersResources and Help
Author's Note
This project was supported by Grant No. 96-VF-GX-K005
awarded by the Violence Against Women Office, Office of
Justice Programs, U.S. Department of Justice. Points of view
in this document are those of the author and do not
necessarily represent the official position or policies of
the U.S. Department of Justice.
If you have a protection order and you answer "yes?" to
any of the questions on right, this brochure may help
you.
Letter from Janet Reno, Attorney General of the United
States
"Through its full faith and credit provisions, the
Violence Against Women Act is designed to ensure that valid
protection orders are enforced in each and every jurisdiction
in America. The statue affords important and often lifesaving
protection for survivors of domestic violence who cross state
or tribal lines - whether to go to work, visit relatives, or
seek safe haven from abuse. I hope that you will find this
booklet helpful in your efforts to safe and live a life free
from violence."
Janet Reno
Attorney General of the United States
Letter from Susan Kelly-Dreiss, Executive Director,
Pennsylvania Coalition Against Domestic Violence
The process of obtaining a protection order and getting it
enforced can be complicated. Having an understanding of the
laws that apply to these processes and the response you
should expect from law enforcement, prosecutors, and courts
may help you to make crucial decisions and take the necessary
steps that will help to keep you safe. One such law that you
should be aware of is the federal full faith and credit law.
It was enacted so that your protection order may be enforced
anywhere in the United States, even when you cross state,
tribal, or territorial lines to shop, work, visit family and
friends, or permanently relocate.
This guide was designed to serve as a general guide on how
this law works. We encourage you to read it and to contact
the resource centers listed in the booklet for more
information about the federal full faith and credit law or
for other information related to protection orders.
We sincerely hope this guide is helpful to you in your
efforts to find safety and justice.
Susan Kelly-Dreiss
Executive Director
Pennsylvania Coalition Against Domestic Violence
About This Guide
This guide is for you or someone you know who has a
protection order and who may travel across state, territorial
or tribal lines. It is intended to help you use the full
faith and credit provision of the federal Violence Against
Women Act (VAWA) of 1994. It also explains the federal law
and offers ideas about where to get help if you have problems
with enforcement of your protection order.
Do you have a protection order? And?
•Are you moving to a different community?
•Do you work and live in different places?
•Are you going to school out of state or off the
reservation?
•Are you planning a vacation?
•Do you shop in another state or off the
reservation?
•Are you going to an event outside of your
community?
Your Safety Is Most Important
A protection order is only one part of a "safety plan?Eand
one tool you can use to escape violence. No one thing can
guarantee your safety at all times. But a safety plan that
uses other tools and resources can help increase your safety
and protect your children. As a survivor of battering, you
can ask for help and support from an advocate at a local
domestic violence program. Most important, you are the expert
on your abuser's violence and what you need in order to be
safe.
For help in developing a safety plan or for information
about protection orders and how to get one, contact your
local domestic violence program or the National Domestic
Violence Hotline at (800) 799-SAFE (7233) or (512) 453-8117
(multi-lingual advocates are available); TTY: (800)
787-3224.
What Is a "Protection Order?"
Under the Violence Against Women Act, a "protection
order?" is "..any injunction or other [court] 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."
Some Other Names for Protection Orders Are:
•stay away order,
•order of no contact,
•injunction for protection,
•harassment order,
•restraining order,
•stalking protection order,
•orders not to abuse, harass, contact, etc. that are
part of bail, probation, or parole conditions,
•emergency, temporary, or ex parte order.
Orders also vary in length and content.
What Is "Full Faith and Credit?"
The full faith and credit provision of the Violence
Against Women Act says that a valid protection order must be
enforced everywhere throughout the country. This means that
if you get a valid protection order, it is good in the
community where you received it as well as in all other
jurisdictions or places you go in the United States. This
includes protection orders issued in:
•all 50 states,
•Indian tribal lands,
•the District of Columbia,
•the U.S. Virgin Islands, Puerto Rico, American Samoa,
the Northern Mariana Islands, and Guam.
Whether your protection order was issued by a tribe,
state, the District of Columbia, or a U.S. territory, it is
entitled to full faith and credit if it is valid. Under the
full faith and credit law, a protection order is valid
if:
•the issuing court had authority over the victim and
the abuser and had authority to hear and decide the case,
and
•the abuser was given notice and an opportunity to be
heard.
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 Commonly Asked Questions and Answers below
for more information).
Important Information: You Need to Know
That...
The legal process can be confusing and difficult if you
are seeking help in the courts, especially if you are doing
this on your own. As a survivor of battering, a domestic
violence advocate can assist you with this process.
An advocate can assist you and to help you to be safe. It
is highly recommended that you work with a local advocate who
works for a domestic violence program.
In addition to the federal full faith and credit law,
there are federal domestic violence criminal laws that may
apply to your situation. Violation of these laws by an abuser
may result in federal criminal prosecution and punishment. In
part, these laws make it illegal to travel across state or
tribal lands to commit domestic violence or to violate a
protection order. These laws also make it illegal to commit
interstate stalking or to possess a firearm or ammunition
while subject to protection orders that qualify under federal
law.
The U.S. Attorney's office prosecutes federal criminal
cases. For more information, contact the U.S. Attorney's
office in your district and ask for the Violence Against
Women Act Point of Contact. You can find the U.S. Attorney by
looking under "U.S. Government?Elistings in a phone book or
you can call the National Center on Full Faith and Credit to
get further information about whom you should contact.
Practical Tips for You and Your Domestic Violence
Advocate
•
Review your protection order
to make sure that it contains the basic elements for
effective enforcement (see Enforcement section).
•
Get certified copies of your protection
order
and carry at least one copy with you at all times (see
Commonly Asked Questions and Answers).
•
Deliver copies of your protection
order
to your school, employer, friends or relatives, and any
law enforcement agency that may need to enforce your
protection order, if appropriate.
•
Get written proof
that the order was served on the abuser from either the
law enforcement agency that served the order or the
court that issued the order (see Commonly Asked
Questions and Answers).
•
Keep track of, and report, all of the abuser's
violations,
including phone calls and messages sent through other
people (do this even if you are the only one to witness
the violation of the order since this will establish a
"record" and help law enforcement to take steps to
protect you).
•
Find out about procedures
you may have to follow to get your protection order
enforced in other communities. This is important
because procedures vary.
•
Understand
the pros and cons of filing or registering your order
in other jurisdictions (see Practical Tips on
Registration).
•
Make safety plans.
•
Contact the local domestic violence
program
in any community you may be going to.
•
Go to a shelter,
if necessary.
•
Go to a legal services
office for help with other legal matters.
•
Contact other resources
you may need (see Resources and Help).
For help finding a domestic violence advocate, call the
National Domestic Violence Hotline at (800) 799-SAFE or
(512) 453-8117, TTY (800) 787-3224. For help with full and
credit, call the National Center on Full Faith and Credit
at (800) 256-5883 ext. 2 or (202) 265-0967.
Enforcement
Enforcement of Your Protection Order
Law enforcement officers, the courts and prosecutors
are required to enforce your protection order the same way
they would enforce orders from their own community. For
example, if the police would arrest someone for violation
of a local order, they would have to do the same with a
non-local order. Also, prosecutors should charge the
crime, and judges should hear the case, according to the
laws where the violation occurred.
It will be easier for law enforcement, prosecutors, and
courts to enforce your protection order if it has the
following basic elements:
1.The names of the parties (your name, the name of
the abuser, and any children).
2.The date the order was issued.
3.An expiration date-if your order has one.
4.A signature by, or on behalf of, a judicial
officer.
5.Terms and conditions against the abuser (such as
telling the abuser to "stay away" from you and certain
places).
6.The name and phone number of the issuing court, and
the name of the judicial officer who issued the
order.
This information is not required by the federal
law, but it may help you to get your order
enforced.
Practical Tips: 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.
•Present proof that your order was served or that
your abuser had notice of the order (see Practical Tips
on Service and Notice).
The police may check to see if your order is in the
National Crime Information Center's (NCIC) Protection
Order File, a national registry of protection orders.
Remember that this "protection order file" is not yet
complete-many states and tribes do not participate in it -
and even if your jurisdiction participates in the NCIC
Protection Order File, it may not be sending all
protection orders to the file.
Practical Tips:Courts &Prosecutors
Your state, tribal, local prosecutor, or
district/state's attorney should know how to pursue
charges for violations of protection orders issued in
other jurisdictions. You may, however, see people in the
court system who do not know about full faith and credit,
so it will help if you:
•Keep a copy of the federal law or this brochure
with you when you meet with prosecutors, as well as
when you appear before a judge at a hearing.
•Report any problems you have to the National Center
on Full Faith and Credit (they may be able to assist
you). (800) 256-5883 ext. 2 or (202) 265-0967.
Practical Tips about Tribal Courts and Law
Enforcement
Many tribal courts do not have the authority to impose
criminal sanctions against non-Indians who commit crimes
within the tribe's boundaries. However:
•Tribal police can usually arrest non-Indian
perpetrators and transport them to state or federal
authorities.
•Tribal courts can use their civil laws to impose
fines against non-Indian abusers or exclude them from
tribal lands.
Questions &Answers
1. Are child custody and support provisions in
protection orders covered by federal law?
The federal full faith and credit law covers custody and
support provisions in protection orders. You should also be
aware that there are other federal laws addressing full faith
and credit for out-of-state child custody and child support
orders. Legal issues that involve children can be complex,
and you should consult with an attorney who has expertise in
custody and support issues. For assistance, see Resource and
Help, below..
2. Are emergency or "ex parte?Eorders valid and
enforceable under the federal law?
Ex parte orders are emergency or temporary orders issued
at the request of the victim without notice to the abuser.
They are valid for the time that they would be good in the
issuing jurisdiction. 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 it 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.
3. 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 protection order. Law
enforcement usually does this and then gives the court proof
that the order was served. "Notice" is a broader concept that
essentially means that the abuser knew about the order.
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 (or two copies if your order has not
yet been served) of your protection order with you at all
times and show it to the police when you report
violations.
•Show the police any proof you have that the order was
served or that the abuser had notice of the order.
•If the order has not been served on the abuser before
you report a violation, or the officer is unable to verify
notice, you should ask the officer to serve the order on
the abuser and arrest him 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.
4. What's a "certified" order and why is it so
important?
A "certified" copy of a protection order generally
contains a court stamp, seal, or signature of the issuing
judge or clerk of court. The federal full faith and credit
law does not require that your order be certified to be
enforceable, but some states and tribes may require it,
especially if you want to register or file your protection
order with their court or get it into their protection order
registry.
5. What if you have a "mutual" protection
order?
A "mutual" protection order (an order that prohibits both
parties from doing certain things) is treated differently by
the full faith and credit law, and can be harder to
enforce.
Practical Tips on Mutual Orders
•Contact an advocate or the National Center on Full
Faith and Credit ((800) 256-5883 ext. 2 or (202) 265-0967)
for information about the problems associated with
enforcement of mutual protection orders.
•If your abuser files for a protection order first, you
may want to file a counter-petition against him, and, 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 the protection
order.
•Another option is to file a separate petition for a
protection order.
6. Do you have to register or file your protection
order?
The federal law requires jurisdictions (other than the
jurisdiction that issued a protection order) to enforce your
protection order even if you have not registered or filed it
as may be required by local, state, or tribal law. However,
you may want to consider registering or filing your order.
There are some risks and benefits to this, and some are
listed below. You may want to talk with a domestic violence
advocate who can explain the process and help you decide
whether filing or registration is safe for you to do.
Practical Tips on Registration
•Registration or filing can help law enforcement and
courts to verify your order's existence and may increase
the likelihood that it is enforced.
•You or your advocate may want to remind court or law
enforcement personnel who handle the filing or
registration of your protection order that the federal law
prohibits enforcing jurisdictions from sending notice to
the abuser.
•Filing or registration can be dangerous in certain
situations - for example, where a protection order is a
"public" record. An abuser can easily go into these public
records-especially court records-to locate you.
•Filing or registration may be impossible or
impractical in some circumstances-for example, if your
abuser is stalking you across state or tribal lines
•For information on registration and filing
requirements, contact the National Center on Full Faith
and Credit. (800) 256-5883 ext. 2 or (202) 265-0967.
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, 888 or 877), and some are not. Remember that
the phone numbers you call may be traced by the abuser. Take
care to use a phone that the abuser cannot check. You should
also keep this brochure in a place where the abuser cannot
find it.
For Immediate Help
•National Domestic Violence Hotline (800) 799-SAFE or
(512) 453-8117; TTY (800) 787-3224
(24 hours/day, for referral to state and local
programs)
Information on Full Faith Credit or to Report
Enforcement Problems
•National Center on Full Faith and Credit-(800)
256-5883 ext. 2 or (202) 265-0967
General Information on Protection Orders
•Battered Women's Justice Project
(800) 903-0111 ext. 2 or (717) 671-4767 (Civil)
(800) 903-0111 ext. 1 or (612) 824-8768 (Criminal)
Tribal Issues
•Sacred Circle-(877) 733-7623 (877-RED ROAD) or (605)
341-2050
•Mending the Sacred Hoop-(888) 305-1650 or (218)
722-2781 ext. 207
Custody Issues
•Family Violence Department of the National Council of
Juvenile and Family Court Judges-(800) 527-5223 or (775)
784-6012
•Domestic Violence Commission of the American Bar
Association-(202) 662-1737
This document was not developed by Violence Against Women Online
Resources. The document's author or sponsoring organization granted
VAWOR permission for placement on this site. Points of view in this
document are those of the author(s) and do not necessarily represent the
official position or policies of the U.S. Department of Justice.This web site is a cooperative
project of Office on Violence Against
Women
(http://www.ojp.usdoj.gov/vawo/) and Minnesota Center Against
Violence & Abuse
(http://www.mincava.umn.edu/) at the University of Minnesota (http://www.umn.edu/) and is supported by
grant number 98-WT-VX-K001 awarded by the Office on Violence Against
Women (http://www.ojp.usdoj.gov/vawo/),
Office of Justice Programs, U.S. Department of Justice.Additional information about
this site can be obtained by reading Email us for more
information and assistance
(http://www.vaw.umn.edu/mail/infoassist.shtml).© Copyright 1998-2005 Minnesota Center Against
Violence and Abuse ( MINCAVA )File Last Modified on: Thu Oct 27 16:59:59 2005