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EspañolCan I get my protective order from Hawai‘i enforced in another state?
If you have a valid Hawai‘i protective order that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, says that all valid orders of protection granted in the United States receive “full faith and credit” in all state and tribal courts within the U.S., including U.S. territories.1
In other words, every state must enforce out-of-state protection orders in the same way it enforces its own orders. So, if the abuser violates your Hawai‘i domestic abuse protective order in another state, they will be punished according to the laws of that state. That’s what “full faith and credit” means.
1 18 U.S.C. § 2265
How do I get my protective order enforced in another state?
You don’t have to take any special steps to get your domestic abuse protective order enforced in another state.
Many states have a process to register or file an out-of-state order, making enforcement easier if the order is violated. However, you can still get your valid domestic abuse protective order enforced in another state even if you don’t register or file it. 1For your safety, always keep a copy of your protective order with you.
It can help to know the rules in any state where you plan to live or visit, which may help you get the police or courts to enforce your order quickly.
You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and choosing your new state from the drop-down menu.
1 18 U.S.C. § 2265(d)(2)
I have a temporary restraining order (TRO). Can it be enforced in another state?
A TRO can be enforced in other states as long as it meets the requirements listed in How do I know if my protective order is good under federal law?1
However, the state where you’re going generally cannot:
- extend your ex parte TRO; or
- issue you a permanent order when the temporary one expires.
If you need to extend your temporary order, you will have to contact the courthouse where it was issued and arrange to be at the hearing. You may need to appear in person or, if the judge allows it, by telephone or video call.
However, you may be able to apply for a new order in the new state that you’re moving to if you meet the requirements for getting a protective order there. Keep in mind that if you apply in your new state, the abuser would find out what state you’re living in, and that may put you in danger.
1 18 U.S.C. § 2265(b)(2)
How do I know if my protective order is good under federal law?
A protective order is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or to prevent another person from coming near you or contacting you;1
- The judge who gave you the order had power (jurisdiction) over the people and the case - in other words, the judge had the authority to hear the case; and
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protective order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)
I was granted temporary custody with my protective order. Can I take my kids out of the state?
Whether you can take your kids out of state may depend on the exact wording of the custody provisions in your domestic abuse protective order. If leaving the state would interfere with the abuser’s right to visit with your children, then you may have to ask the judge’s permission or get the order changed before your children can leave. If you want to move or leave for an extended time, then you may have to convince the judge that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws, go to our Hawai‘i Custody page.
If you’re not sure whether or not you can take your kids out of the state, talk to a lawyer who understands Hawai‘i’s domestic violence and custody laws before you leave. They can help you make the safest decision for you and your children. You can find contact information for legal assistance on our Hawai‘i Places that Help page.
I was granted temporary custody with my protective order. Will another state enforce this custody order?
If your protective order includes custody, visitation, or child support, these parts of the order can be enforced in any state. Law enforcement and courts must enforce your temporary custody order as long as it meets certain federal law standards.1
However, before leaving the state, it is important to talk to a lawyer to make sure that:
- your protective order meets federal standards; and
- leaving the state would not violate any laws about parental kidnapping, also called custodial interference, or any other laws that your state may have regarding not removing a child from the state during a court case.
You can find contact information for legal assistance on our Hawai‘i Places that Help page.
1 18 U.S.C. § 2266
Can I get someone to help me? Do I need a lawyer?
You aren’t required to have a lawyer to get your protective order enforced in another state.
However, you may want to get help from an attorney or a local domestic violence advocate in the state you move to. A domestic violence advocate can help you figure out the advantages and disadvantages of registering your protective order, and help you through the process if you decide to do so.
To find a domestic violence advocate or an attorney in the state you are moving to, click the Places that Help tab and choose the state from the drop-down menu. If you’re going to be in civil court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
