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Know the Laws: Delaware

UPDATED April 12, 2017

Moving to Another State with an Order of Protection from Abuse

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If you are moving out of state or are going to be out of the state for any reason, your order of protection can still be enforceable.

General rules

back to topHow do I know if my order of protection from abuse 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)

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back to topCan I get my order of protection from abuse from Delaware enforced in another state?

Yes. If you have a valid Delaware order of protection from abuse 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 orders granted in the United States receive "full faith and credit" in all state and tribal courts within the US, including US territories.  See How do I know if my order of protection from abuse is good under federal law? to find out if your order qualifies.

Each state must enforce out-of-state 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."

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back to topI have an emergency 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 order of protection from abuse 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)

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Getting your Delaware order of protection from abuse enforced in another state

back to topHow do I get my order of protection from abuse order enforced in another state? 

Federal law does not require you to take any special steps to get your order of protection from abuse 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 order of protection from abuse 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 DE 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 order of protection from abuse 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 out-of-state order can be enforced in a timely manner.

* 18 U.S.C. § 2265(d)(2)

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back to topDo I need a special copy of my order of protection from abuse to get it enforced?

In some states, you will need a certified copy of your order of protection from abuse. 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 Delaware, a certified order has a stamp that says "Certified" and a seal.

The copy you originally received was most likely not a certified copy. If your copy is not a certified copy, you should go to the Records department of the courthouse where your order of protection from abuse was granted. You must bring a photo ID. There is no fee if you are getting a certified copy.  However, there may be a fee if a person, other than the victim, is trying to get the certified copy. (Note: Sometimes court clerks mistakenly charge a fee to victims, so make sure you are not accidently charged.)

Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. 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. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.

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back to topCan 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, please visit our DE Where to Find Help tab on the top of this page and select the state you are moving to.

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back to topDo I need to tell the court in Delaware if I move?

The Delaware Court does not require you to notify them if you move, but you should go by and get a certified copy of your order before you move.

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Enforcing custody provisions in another state

back to topI was granted temporary custody with my order of protection from abuse. Can I take my kids out of the state?

Maybe. It may depend on the exact wording of the custody provision in your order of protection from abuse. You may have to first seek the permission from a judge before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody laws in Delaware, go to our Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in the DE area on our DE Where to Find Help tab on the top of this page.

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back to topI was granted temporary custody with my order of protection from abuse. Will another state enforce this custody order?

Yes.  Custody, visitation, and child support provisions that are included in a protection order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.*

* 18 USC § 2266

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