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EspañolCan I get my protective order from Kentucky enforced in another state?
If you have a valid Kentucky protective order that meets federal standards, it can be enforced in another state. The Violence Against Women Act (VAWA), which is a federal law, says that all valid protective orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories.
In other words, each state must enforce out-of-state protective orders in the same way it enforces its own orders. So, if the abuser violates your Kentucky protective order in another state, s/he will be punished according to the laws of whatever state you are in when the order is violated. That’s what “full faith and credit” means.
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 it was issued to prevent another person from coming near you or contacting you;1
- The judge that gave the order had power (jurisdiction) over the people and 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
Kentucky has tried to make it easier for out-of-state courts to determine when its orders are entitled to full faith and credit by clearly stating the required information on its protective orders.3
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protective order (DVO or IPO) 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)
3 Ky. Rev. Stat. §§ 403.7524; 456.130; see also order of protection form
Can an emergency or temporary protective order (EPO or TIPO) be enforced in another state?
An ex parte emergency or temporary protective order 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 you’re going to generally cannot:
- extend your ex parte emergency or temporary protective order; 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 reapply for a new order in the new state that you are 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 are living in, and that may put you in danger.
1 18 U.S.C. § 2265(b)(2)
