Can I get my protective order from Alaska enforced in another state?
Yes. If you have a valid AK protective order 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.1 See How do I know if my protective order is good under federal law? to find out if your protective order qualifies.
Each state must enforce out-of-state orders of protection 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.”1
1 18 U.S.C. § 2265
How do I know if my protective order is good under federal law?
An protective order is good anywhere in the United States as long as:
- It was issued to prevent violent, or threatening acts, or sexual violence against another person, or it is issued to forbid contact or communication with another person or it is issued to order the abuser to stay away from another person.1
- 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 (orders issued with only one party present) 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.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 USC § 2266(5)(A)
2 18 USC § 2265(a) & (b)