Monday, September 22, 2008

Orders of Protection: Full Faith and Credit

The Violence Against Women Act declares that that an Order of Protection (Civil and Criminal Orders, this does not apply to Military Orders) is valid outside the jurisdiction in which it was established. This allows a victim to work, leave or relocate to another county, city or state and to still be fully protected under their Order of Protection. The jurisdiction that is covered includes 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.

This nationwide enforcement of Order of Protection helps protects survivors of abuse from violence, threats, stalking or harassment from their batterer. If the order is violated, the victim should contact his/her police department so that it can be enforced. The victim should keep a copy of their Order of Protection with themselves at all times. If they do not have a copy, then law enforcement can check into the issuing jurisdiction’s registry or contact the issuing court.

Some jurisdictions ask that the Order of Protection be registered to help with enforcement purposes, however, federal law does not require this. The risk of registration an Order of Protection is that in some places this information become public record or notice is sent to the batterer; either scenario may compromise a victim’s safety. Victims should contact an advocate or attorney to determine the requirements in their jurisdiction.

For more information about Full Faith and Credit, you can visit the Violence Against Women web site at http://www.vaw.umn.edu/documents/ffc/pcadv/pcadv.html#id119719.

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