Conozca la Ley: Alaska
ACTUALIZADA 27 de julio, 2008
Your AK protective order can be enforceable wherever you move.
Overview of Out-of-State Enforcement
arribaCan I get my protective order from Alaska enforced in another state?
Yes. The Violence Against Women Act makes it possible to get your domestic violence protective order enforced in other states. The Violence Against Women Act is a law that was passed by Congress in 1994. It says that all state and tribal courts have to enforce protective orders no matter which court or which state issued the order. All protective orders are good anywhere in the United States as long as:
- It was issued to prevent violent, or threatening acts, harassment, or sexual violence against another person, or to forbid contact or communication with another person or it was issued to order the abuser to stay away from another person*
- The court that issued the order had jurisdiction over the people and case - (in other words, the court had the authority or power to hear the case.)
- The abuser received notice of the order and had an opportunity to present his side of the story in court.
- In the case of ex parte and emergency orders, the abuser must receive notice and have an opportunity present his side of the story in court within a "reasonable time" after the order is issued.**
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 USC § 2266(5)
** 18 USC § 2265(a) & (b)
arribaHow do I get my protective order enforced by 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.* 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 State and Local Programs page and entering your new state in the drop-down menu.
Note: It is important to keep a copy of your protective order with you at all times. It is also important to know the rules of states you will be living in or visiting, so you can make a good decision about how to get your order enforced and whether or not you should register it in that state.
* 18 U.S.C. § 2265(d)(2)
arribaDo I need to get someone to help me get my order enforced in another state?
It is not necessary to have anyone help you get your order enforced in another state. If you have trouble getting it enforced, you may want to contact an attorney or an advocate from a domestic violence program. Advocates for victims of domestic violence and sexual assault should know the laws and rules about getting orders enforced and how the court system works.
In Alaska, each domestic violence/sexual assault program has a designated legal advocate who is knowledgeable about laws that affect battered women. You also have the option of hiring an attorney to help you, but in most cases an advocate will be able to help you. In some places, it may be hard to get your out-of-state order enforced without an advocate.