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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.

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.

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.

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.

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.

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.

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.

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.

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.

The Gun Control Act, 18 U.S.C. § 922(g), (n), prohibits possession, purchase, transportation, or shipment of firearms and ammunition by the following:

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.