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EspañolHow do I get my protective order enforced in another state?
Federal law does not require you to take any special steps to get your protective order enforced in another state.
Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid protective order is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.
Note: It is important to keep a copy of your order with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your foreign protective order can be enforced in a timely manner.
1 18 U.S.C. § 2265(d)(2)
Do I need anything special to get my protective order enforced in another state?
In some states, you will need a certified copy of your protective order. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In West Virginia, a certified order has a stamped seal on it.
West Virginia is also a part of Project Passport which means that the first page of your order looks the same as orders in other Project Passport states. This means it may be easier to get your protective order enforced in one these states, which include:
- Alabama, Louisiana, North Carolina, South Carolina, and the Poarch Band of Creek Indians (located in Alabama) Illinois, Indiana, Kentucky, Missouri, Ohio, Tennessee, and West Virginia
The copy you originally received was most likely a certified copy. If your copy is not a certified copy, call or go to the court that gave you the order and ask the clerk’s office for a certified copy. It costs on average $0.50 per page to get a certified copy of a West Virginia protective order.
Note: It may be a good idea to keep a copy of the order with you at all times. You may also want to bring several copies of the order with you when you move to leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. You may also want to give a copy to the security guard or person at the front desk where you live and/or work and to anyone who is named in and protected by the order.
Can I get someone to help me? Do I need a lawyer?
You do not need a lawyer to get your protective order enforced in another state.
However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your 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, select your state from the Places that Help tab on the top of this page.
Do I need to tell the court in West Virginia if I move?
Yes, if you won’t be getting mail at your old address. The court that gave you your protective order needs to have an up-to-date address for you at all times. That’s because generally the court staff will communicate with you only by mail if anything happens to your protective order. For example, if the abuser asks the judge to dismiss the order or if your order is changed in any way. If you will not be receiving mail at your old address, you should provide the court staff with a new address where you can receive mail.
If you provide your new address to the court, they should keep it confidential. It should be kept in a confidential part of your file where the public will not have access to it. However, your new address could possibly be released to court officials in your new state or law enforcement officials. If you feel unsafe giving your new address, you may be able to use the address of a friend you trust or a P.O. Box instead.
