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EspañolCan I get my order of protection from Guam enforced in another state?
If you have a valid Guam 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 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.”
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, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.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 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 before the temporary order expires.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. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)
I have a temporary (ex parte) order. Can it be enforced in another state?
An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my order of protection is good under federal law?1
However, another state generally cannot extend your ex parte preliminary order or issue you a permanent order. If you need to extend your preliminary order, you will have to do so in Guam and appear at the hearing by telephone, or by electronic means if they allow it.
You may be able to apply for a new restraining order in the state you are moving to if you meet the requirements for getting a protective order in that state. However, this would let the abuser know what state you are living in, which may put you in danger. If you are concerned about your safety if you file for a new restraining order, it may be useful to talk to a local advocate to think about other options to stay safe. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.
1 18 U.S.C. § 2265(b)(2)
