Public Awareness

OPDV Bulletin: Full Faith and Credit
A Law Enforcement Officer's Guide to
Enforcing Orders of Protection Nationwide

Adapted with permission of the International Association of Chiefs of Police


 

What is an Order of Protection?

Under the Federal Violence Against Women Act (VAWA), an order of protection is defined as any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to, another person. Orders may differ in form, content, length, layout and names (i.e., stay away, restraining, criminal, and emergency or temporary protection order).

 

What is Full Faith and Credit?

Full faith and credit essentially means that any protection order issued by the court of one State or Indian Tribe which is violated in another State or Indian Tribe shall be enforced as if it were an order of the enforcing State or Tribe. The full faith and credit provision of VAWA applies to both criminal and civil orders of protection.


In some jurisdictions, a certification form is affixed to the order of protection verifying that it is a valid order of the court. However, under federal law, a certification form is not required for the order of protection to be enforced. Nor is there any requirement that the order or the signature of the issuing authority be original or that there be a raised seal or stamp of the court on the document. Additionally, there is no requirement in the federal law that a victim must register the order of protection in the enforcing jurisdiction before that jurisdiction enforces the order.


Issuing jurisdiction determines the following:
  • Whether an order of protection should be issued
  • Who is to be protected
  • Terms and conditions of the order
  • Duration of the order
 
Enforcing jurisdiction determines the following:
  • How the order is enforced
  • Arrest authority of responding officer
  • Detention and notification procedures
  • Crimes charged for violation of an order
 
Basic Elements of a Valid Order of Protection
Any order of protection should be presumed valid if all of the following are found:
  • The order gives the names of the parties.
  • The order contains the date the order was issued, which is prior to the date when enforcement is sought.
  • If the order has an expiration date, the date of expiration has not yet occurred.
  • The order specifies terms and conditions against the abuser.
  • The order contains the name of the issuing court.
  • The order is signed by, or on behalf of, a judicial officer.
 
Determining the Terms and Conditions of an Order of Protection
After providing for victim and officer safety, the officer must read the order in its entirety. An order may state something in one paragraph and specify exceptions in another. For example, an order may state that the abuser is to have "no contact" with a victim in one paragraph, and then in another state that contact may occur to arrange for visitation with the children. In this case, if the abuser contacted the victim for any reason other than to arrange for visitation, the order was violated.
Verifying the Terms and Conditions of an Order of Protection
Although verification is not required under federal law, it may be required by the enforcing jurisdiction under certain circumstances (e.g., the victim does not have a copy of the order).

Verification can be accomplished by any one of the following methods:

  • Confirm the elements of the order in the NCIC Protection Order File.
  • Review the elements of the order in state or local registries of protection orders in the issuing jurisdiction.
  • Confirm the elements by communicating with the issuing court.
  • Review the elements of the order if it was previously filed with designated authorities in the enforcing jurisdiction.
  • Draw upon personal knowledge of the officer.
 
Evaluating the Enforceability of an Order of Protection
An order of protection issued in another jurisdiction is enforceable when:
  • The order appears to be valid (see "Basic Elements," above).
  • There is probable cause to believe that a violation of the order occurred in the enforcing jurisdiction.
Where enforcement requirements have not been met, the officer in the enforcing jurisdiction may not be able to arrest specifically for a violation of the order. However, other chargeable offenses may have occurred. The officer should make a warrantless arrest or seek an arrest warrant related to the criminal conduct based on the enforcing jurisdiction's law.
Mutual Orders of Protection
Sometimes an order of protection will contain a mutual "no-contact" provision or will direct both parties not to abuse each other. The full faith and credit section of VAWA requires special safeguards for inter-jurisdictional enforcement of this type of order. Basically it states that an order should be enforced against the respondent (person against whom the order was issued) and not the petitioner unless the issuing court made a specific finding that each party had abused the other. If such findings were made, the order may be enforced against both parties.

 

Summary of Federal Crimes of Domestic Violence

If an officer concludes that federal law was violated, the officer (or supervisor in accordance with departmental procedure) should contact a designated prosecutor for possible prosecution by the U.S. Attorney's office.


Officers must be familiar with federal laws that pertain to domestic violence in order to assess whether federal crimes have been committed. Legislation is being considered that may change some of the laws. Contact the U.S. Attorney in your jurisdiction for an update. For the following federal crimes, the law defines State to include: a state of the United States, the District of Columbia, a commonwealth, territory, or possession of the United States.

 
Interstate Travel to Commit Domestic Violence—18 U.S.C. 2261
It is a federal crime for a person to travel interstate, or leave or enter an Indian reservation with the intent to injure, harass or intimidate an intimate partner when, in the course of or as a result of the travel, the abuser commits a violent crime that causes bodily injury. The abuser must intend to commit the domestic violence at the time of travel. The definition of "partner" is broad and basically includes anyone with whom the abuser has cohabited in an intimate relationship (including a current or former spouse) or anyone who has a child in common with the abuser.

It is also a federal crime to cause an intimate partner to cross state lines, or leave or enter an Indian reservation by force, coercion, duress, or fraud if the abuser intentionally inflicts bodily injury on the partner during or as a result of the conduct.


Interstate Stalking—18 U.S.C. 2261A

It is a federal crime to cross a state line with the intent to injure or harass any person if, during the course of or as a result of the travel, the traveler places the person or a member of the person's immediate family in reasonable fear of death or serious bodily injury. The definition of immediate family is broad and includes a spouse, parent, child, sibling and all household members related to the primary victim by blood or marriage.


Interstate Violation of an Order of Protection—18 U.S.C. 2262
This law basically prohibits crossing state or reservation lines with intent to violate a valid protection order that forbids credible threats of violence, repeated harassment, or bodily injury. The abuser must intend to violate the order at the time of travel and a violation of the order must occur.

It is also a federal crime to cause an intimate partner to cross state lines, or to leave or enter an Indian reservation by force, coercion, duress, or fraud, if during or as a result of the conduct, the abuser intentionally inflicts bodily injury to the victim in violation of a valid protection order.

 

Helpful Interventions

Immediate Actions
  • Ensure the safety of all involved.
  • Seek medical attention, if necessary.
  • Safeguard the victim from further abuse.
  • Secure and protect the crime scene.
  • Seek voluntary surrender of firearms for safekeeping purposes.
  • Seize firearms subject to state, territorial, local, or tribal prohibitions.
  • Identify whether an order of protection has been violated.
  • Evaluate the validity and enforceability of the order.
  • Arrest for violation of the order where required by the enforcing jurisdiction.
  • Arrest for any other criminal offenses.
  • Seek an arrest warrant, when required, related to the criminal conduct if the abuser is not at the scene.
  • Attempt to locate and arrest the abuser.
If the named respondent committed an offense under the criminal laws in the officer's jurisdiction and/or violated the court order, the officer should:
  • Arrest respondent pursuant to the enforcing jurisdiction's law and departmental policy.
  • Initiate a criminal complaint against respondent for the crime(s) committed and for violation of the order.
 
Safety Strategies
  • Provide telephone numbers for local domestic violence shelters and hotlines.
  • Conduct safety planning with the victim.
  • Assess lethality.
  • Notify victim of legal rights within enforcing jurisdiction; refer to the local courts.
  • Follow up by law enforcement and victim advocacy programs.
 
Referral Actions
  • Refer victims to the National Domestic Violence Hotline: 800.799.SAFE, TTY 800.787.3224.
  • Address transportation and housing needs of victim by making appropriate referrals to community services.
  • Refer victim to issuing jurisdiction for enforcement of economic provisions within order of protection.
  • Refer victim to the appropriate court or victim advocacy agency to obtain assistance in enforcing the economic provisions of an order, such as child support enforcement.

 

Frequently Asked Questions About Full Faith and Credit


What if the victim doesn't have a copy of the order of protection?
  • Try to verify the existence of an order.
  • Verify victim's claim of an order of protection through reliable and credible information.
  • Confirm through abuser's statement that an order of protection exists.
  • Determine whether there is probable cause to believe that the abuser has committed a criminal offense.
  • Arrest abuser if appropriate under enforcing jurisdiction's law and notify issuing authority of arrest.
  • Refer victim to appropriate court or advocacy agency.
 
What if the abuser claims no notice or service of an order of protection?
  • Verify the existence of an order.
  • Give notice to abuser of terms of the order of protection and provide abuser with a copy.
  • Explain consequences of future violations to the abuser.
  • Notify issuing authority that the abuser received notice and/or a copy of the order of protection.
  • Notify issuing authority of arrest, if applicable.
 
What if the abuser has violated the order of protection and then fled the scene?
  • Determine if abuser's actions warrant arrest.
  • Follow departmental procedure for dealing with a criminal suspect who has fled the scene.
  • Conduct safety planning and refer victim to appropriate court or advocacy agency.
 
What if the order of protection gives relief not authorized in the officer's jurisdiction?
  • Enforce terms and conditions of the order of protection as written.
  • Enforce for duration specified in the order of protection.
  • Enforce on behalf of victim(s) named in the order of protection.

 

Assessing Lethality

The following factors to consider in determining serious injury or lethality potential can be helpful in many cases, but are not guaranteed predictors of future violence. The absence of these factors is also no guarantee of safety.
  • Threats of homicide or suicide, or suicide attempts
  • History of domestic violence and violent criminal conduct
  • Stalking
  • Depression or other mental illness
  • Obsessive attachment to victim
  • Separation of parties
  • Drug or alcohol involvement
  • Possession or access to weapons
  • Abuse of pets
  • Destruction of victim's property
  • Access to victim and victim's family and other supporters

 

Technical Assistance on...

 
Full Faith and Credit Implementation
Technical assistance is available to law enforcement and victims of domestic violence to answer specific questions and to facilitate enforcement.

Full Faith and Credit
International Association of Chiefs of Police, 800.THE.IACP
Full Faith and Credit Project
800.256.5883

Battered Women's Justice Project
800.903.0111, ext. 2


Expertise on Tribal Legal Issues
Sacred Circle 877.787.3244
Mending the Sacred Hoop
888.305.1650

American Indian Law Center 505.277.5462

Northern Plains Tribal Judicial Institute
701.777.6176


Victims of Domestic Violence
New York State Domestic Violence Hotline
800.942.6906 (English)
800.942.6908 (Spanish)
Outside New York State, call National Domestic Violence Hotline
800.799.SAFE, TTY 800.787.3224


 

Firearms Seizure/Removal

If a qualifying order of protection has been issued, the officer should take possession of all weapons in the abuser's possession through voluntary means or through application of local, state, tribal, territorial and federal laws pursuant to departmental policy.


Federal law prohibits an abuser subject to a qualifying order of protection from possessing firearms and ammunition [18 U.S.C.922(g)(8)]. When an officer determines that a valid order of protection has been issued against an abuser, the officer should enforce the firearms prohibition. Seizing weapons subject to this prohibition, if allowed under state law, is essential to victim and community safety. Officers also should be knowledgeable about their own jurisdiction's law authorizing or prohibiting possession or transfer of weapons to third parties by a person subject to an order of protection.


A full report on this issue is available by faxing a request to Pattie Lis at OPDV at 518.457.5810.