Conozca la Ley: Massachusetts
ACTUALIZADA 29 de agosto, 2009
If you are moving out of state or are going to be out of the state for any reason, your abuse prevention order can still be enforceable.
- General Rules
- Getting your MA Abuse Prevention Order Enforced in Another State
- Enforcing Custody Provisions in Another State
General Rules
arribaCan I get my abuse prevention order from MA enforced in another state?
Yes. If you have a valid Massachusetts abuse prevention order that meets federal standards, it can be enforced in another state. The Violence Against Women Act (VAWA), which is a federal law, states that all valid restraining 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 restraining order is good under federal law? to find out if your order qualifies.
Each state must enforce out-of-state restraining orders in the same way it enforces its own orders. Meaning, if the abuser violates your out-of-state 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 abuse prevention order is good under federal law?
An abuse prevention 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.**
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
arribaWhat are the advantages and disadvantages of registering my abuse prevention order in another state?
Advantages: If your abuse prevention order is registered in the new state, it is easier for law enforcement officials to verify that your order is valid. When police officers arrive on a scene, they generally check to see if your abuse prevention order is registered in that state’s protection order registry. If it is not listed, the police officer may have to look through the national registry, which could delay enforcement of it. However, if the abuse prevention order has some indications that it is valid (for example, it has a clear expiration date and it has not expired, or it is a certified copy, etc.), the police in other states should enforce the order even if it is not registered.
Disadvantages: When you register your abuse prevention order in a new state, some states (although not all) will notify the abuser that the abuse prevention order has been registered in the new state. If you do not want the abuser to find out what state you have relocated to, it is important to understand what the rules are in your new state. If that state does notify the abuser, and you are trying to keep your address confidential, you likely will not want to register it since that would let the abuser know what county or state you are in.