¿Qué es el National Crime Information Center Registry (Centro de Registro Nacional de Información de Crímenes)? ¿Quién tiene acceso?
<p>El National Crime Information Center Registry (NCIC) (Centro de Registro Nacional de Información de Crímenes) es una base de datos nacional utilizada por agencias del orden público en los Estados Unidos, Canadá, y Puerto Rico. Es administrada por el FBI y los oficiales de autoridad competente.</p>
<p>Antes de mudarse a Vermont, el estado donde le fue otorgada su orden de protección puede que ya haya ingresado su orden en el NCIC, de lo contrario su orden será ingresada en el NCIC una vez que esta haya sido registrada en VT.</p>
<p><strong>Nota:</strong> La mayoría de los oficiales judiciales tienen acceso al NCIC, pero esta información está encriptada para evitar el acceso de intrusos.</p>
How do I register my protection order in Vermont?
You can register your protection order in any family court by filing a certified copy of the order with the court. The court will make you swear under oath in an affidavit (a written statement) that to the best of your knowledge the order is presently in effect as written.
You may also bring a copy of the order (it does not have to be a certified copy) to the law enforcement department in your area. The law enforcement officer may ask you to swear under oath or in writing that the order is still in effect. The law enforcement officer will then enter the order into the law enforcement database, if s/he believes it to be a valid copy.
You do not need a lawyer to register your protection order. If you are confused or worried about the process, you can contact a local domestic violence organization in Vermont to ask for help from a local advocate. To find a local domestic violence organization in Vermont, please go to our VT Advocates and Shelters page.
Do I have to register my protection order in Vermont in order to get it enforced?
Police officers must enforce your protection order whether or not you register it. If it is not registered, you will need to show the officer a copy of your protection order, and you may have to swear in writing that it is still in effect.
While you do not have to register your protection order in order to get it enforced, one benefit of registration is that you may be able to get your order enforced, even if you are not carrying a copy of the order with you when the police officer arrives at the scene. Protection orders that are registered in Vermont are kept in the Vermont Protection Order Database, and Vermont police officers should have access to this registry when they come on the scene.
Will the abuser be notified if I register my protection order?
Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1 However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.
However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Safety Tips page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our VT Advocates and Shelters page.
1 18 U.S.C. § 2265(d)
What if I don't register my protection order? Will it be more difficult to have it enforced?
If your order is not entered into the National Criminal Information Center (NCIC) database (a national database of protection orders that some states keep records in), and you do not have a copy of your order with you when the police officer arrives, it may be more difficult to have your order enforced because it will be hard for the Vermont police officer to make sure that your order is real.
However, if you have a certified copy of your protection order with you, and if it is listed in the NCIC, then it may not matter if your protection order is registered in Vermont or not.
If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there may be able to help you decide what the safest plan of action is for you in Vermont. To see a list of local domestic violence organizations in Vermont, go to our VT Advocates and Shelters page.
Does it cost anything to register my protection order?
There is no cost to register your order in Vermont.