Know the Laws: Nevada
UPDATED March 21, 2008
If you are moving to another state or are going to be out of the state for any reason, your order of protection can still be enforceable.
- General Rules
- Getting Your Order of Protection Enforced in Another State
- Enforcing Custody Provision in another state
General Rules
back to topCan I get my order of protection from NV enforced in another state?
Yes. If you have a valid Nevada order of protection 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 order of protection’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 order of protection qualifies.
Each state must enforce out-of-state order of protections in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state order of protection, 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."
back to topHow do I know if my order of protection is good under federal law?
A order of protection 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. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
- 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 within a "reasonable time" after the order is issued.**
* 18 U.S.C. § 2266(5)(A)
** 18 U.S.C. § 2265(a) & (b)
back to topI have a temporary order of protection. Can it be enforced in another state?
Yes. Temporary orders of protection can be enforced by other states, just like any regular order of protection, as long as the abuser has been served and will have the opportunity to have a court hearing set before your temporary order expires.
Note: The state where you are going cannot extend your 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 court 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).