Conozca la Ley: Tennessee
ACTUALIZADA 11 de julio, 2008
If you are moving to another state or are going to be out of the state for any reason, your TN protection order can still be enforceable where ever you go.
- General Rules
- Getting Your Order of Protection Enforced in Another State
- Enforcing Custody Provision in another state
General Rules
arribaCan I get my protection order from TN enforced in another state?
Yes. If you have a valid Tennessee Protection Order (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 protection order’s granted in the United States receive "full faith and credit" in all state and tribal courts within the US, including US territories. See the question below to find out if your protection order qualifies.
Each state must enforce out-of-state protection orders in the same way it enforces its own orders. Meaning, if your 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."arribaHow do I know if my protection order is good under federal law?
A 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.*
- 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.**
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.
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
arribaCan I get someone to help me? Do I need a lawyer?
You do not need a lawyer to get your protection 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 protection 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 drop-down menu on the top left-hand corner of this page, and click on the "Links and Resources" page.
arribaI have an temporary ex parte order. Can it be enforced in another state?
Yes. 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 protection order is good under federal law?*
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 by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.
* 18 U.S.C. § 2265(b)(2)
arribaDo I need to tell the Court in TN if I move?
Although it is not required by law, it is important that you provide the court that issued your protection order with your new address so you can be notified in case your abuser asks the court to dismiss the protection order. To notify the issuing court, contact the court clerk and provide them with your new address. This address will be kept confidential, and can be a friend’s address or a PO Box.