Enforcement of Domestic Violence Protective Orders
You can run. You can hide. Protection follows.
Victims of domestic violence frequently relocate for their safety, including moving from state to state. It would be cumbersome and risky to seek a new domestic violence restraining order each time a victim moves to a new jurisdiction. The Violence Against Women Act (18 USC §2265) prevents this from happening. The VAWA mandates that all states and tribal courts must honor a valid civil or criminal protective order issued by another jurisdiction, treating it as if it were their own.
Provisions of the Violence Against Women Act
A protective order issued by a state, Indian tribe, or territory with proper jurisdiction over the parties and subject matter, and which provides the respondent with reasonable notice and an opportunity to be heard, must be honored by another state, Indian tribe, or territory. It should be enforced by the law enforcement personnel of the enforcing state, tribe, or territory as though it were their own order (18 USC §2265). Key points include:
- A victim may keep their location a secret. A protective order that qualifies for full faith and credit does not need to be registered or filed before it can be enforced (18 USC §2265(d)(2)). However, it is often difficult to prove the validity of an order unless it has been registered.
- A state, tribe, or territory cannot require notification of a registered or filed protective order to the respondent unless the protected party requests it (18 USC §2265(d)(1)). The government is prohibited from sharing a victim’s location with the respondent or anyone else outside the courts and law enforcement. A state, tribe, or territory is prohibited from publicly sharing any information on the internet regarding the registration or filing of a protection order, petition, or issuance of such orders, if doing so may reveal the identity or location of the protected individual. However, court- and law enforcement-generated information can be shared through secure government databases for enforcement purposes (18 USC §2265(d)(3)).
- For ex parte orders, notice and an opportunity to be heard must be given within the timeframe required by the applicable state, tribal, or territorial law, and within a reasonable period after the order is issued, ensuring the respondent’s due process rights (18 USC §2265(b)(2)).
- Mutual protective orders are only entitled to full faith and credit if both parties file written requests for a protective order, and the court specifically finds that both parties are entitled to such orders (18 USC §2265(c)).
- Tribal courts have full civil jurisdiction to issue and enforce protective orders, including the authority to enforce orders through civil contempt proceedings, the exclusion of violators from tribal lands, and other appropriate measures for cases under their jurisdiction (18 USC §2265(e)).
- Criminal jurisdiction may also be exercised by a tribal court over certain individuals for protective order violations, provided the tribe has been designated a “participating tribe” by the U.S. Attorney General (25 USC §1304).
These federal full faith and credit provisions are mirrored in California’s Domestic Violence Prevention Act (DVPA) under Family Code §§6400–6409, known as the Uniform Interstate Enforcement of Domestic Violence Protective Orders Act.
It is helpful to register a Domestic Violence Restraining Order in the current jurisdiction and use a confidential address. We refer our clients to Tiny Business Group (TinyBusinessGroup.com, 1412 17th Street, Suite 310, Bakersfield, CA 93301 661-The-Room 661-843-7666) for confidential addresses because the price is low, and they accept service of personal process if requested to do so.