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Know the Laws: Virginia

UPDATED November 18, 2016

Moving to Another State with a Protective Order

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

Enforcing custody provisions in another state

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

Maybe.  It may depend on the wording of the custody provision in your protective order (if there is a custody provision).  You may have to first seek the permission of the court 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.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to 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 Virginia area on our VA Finding a Lawyer page.

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back to topI was granted temporary custody with my protective order. Will another state enforce this custody order?

Yes.  Custody, visitation, and child support provisions that are included in a protective 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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WomensLaw.org would like to thank the Virginia Poverty Law Center and Hunton & Williams for their assistance in providing the following information.

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