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EspañolCan I get my protective order from Maryland enforced in another state?
If you have a valid Maryland 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 protective orders granted in the United States receive “full faith and credit” in all state and tribal courts within the U.S., including U.S. territories. See How do I know if my protective order is good under federal law? to find out if your order qualifies.
Each state must enforce out-of-state orders in the same way it enforces its own orders. If the abuser violates your out-of-state protective order, 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 protective order is good under federal law?
A protection order is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, or sexual violence, or it was issued to prevent another person from coming near you or contacting you;1
- The judge that gave the order had power (jurisdiction) over the people and case; in other words, the judge had the authority to hear the case; and
- 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 protective order is good under federal law?
Note: The state where you are going generally cannot renew your ex parte temporary order or issue you a permanent order when the ex parte temporary one expires. If you need to renew your ex parte temporary order, you will have to contact the state that issued it and arrange to be at the hearing. You may need to appear in person or, if the judge allows it, by telephone or video call. However, you may be able to apply for a new order in the state that you are moving to if you meet the requirements for getting a protective order there. Keep in mind that if you apply in your new state, the abuser would know what state you are living in, which may put you in danger.
1 18 U.S.C. § 2265(b)(2)
