How 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, 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 U.S.C. § 2265(5)(A)
2 18 U.S.C. § 2265(a)-(b)