Can I get my domestic violence protection order from Washington enforced in another state?
If you have a valid Washington domestic violence protection order that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid domestic violence protection orders granted in the United States receive “full faith and credit” in all state and tribal courts within the U.S., including U.S. territories. See How do I know if my domestic violence protection order is good under federal law? to find out if your order qualifies.
Each state must enforce out-of-state domestic violence protection orders in the same way it enforces its own orders, which means that if the abuser violates your out-of-state protection order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”
How do I know if my domestic violence protection order is good under federal law?
A domestic violence protection 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 court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- 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 protection 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 have an ex parte temporary order. Can it be enforced in another state?
An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my domestic violence protection order is good under federal law?1
Note: The state where you are going generally cannot extend your ex parte temporary 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 state that issued the order and arrange to be at the hearing in person or attend by telephone, video, or other electronic means. You may be able to reapply for an order in the new state that you are moving to if you meet the requirements for getting a protective order in that state. However, if you apply for an order in a new state, the abuser would know the state you are living in, which may put you in danger. To read the requirements for getting a restraining order in the new state, go to our Restraining Orders page and select the state from the drop-down menu.
1 18 U.S.C. § 2265(b)(2)