Know the Laws: New York
UPDATED January 12, 2009
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 where ever you go.
- General Rules
- Getting Your Order of Protection Enforced in Another State
- Enforcing custody provisions in another state
General Rules
back to topCan I get my Order of Protection from NY enforced in another state?
Yes. If you have a valid New York 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 orders of protection 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 is good under federal law? to find out if your order of protection qualifies.
Each state must enforce out-of-state orders of protection in the same way it enforces its own orders. Meaning, if the 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?
An 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 topHow do I get my Order of Protection enforced in another state?
Federal law does not require you to take any special steps to get your order of protection enforced in another state. However, many states do have laws or regulations (rules) about enforcement of out-of-state orders. These rules differ from state to state, so it may be helfpul to find out what the rules are. For example, a state may ask you to "register" or file your order so that the court and the police know about it.
Although knowing the state rules can make enforcement easier, a valid order of protection is enforceable regardless of whether it has been registered or filed in the new state.
Note: It is important to keep a copy of your order of protection 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.
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 it meets the requirements listed in How do I know if my Order of Protection is good under federal law?
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 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).