English
EspañolCan I get my protection order from Mississippi enforced in another state?
If you have a valid Mississippi protection order that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, says that all valid protection orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories.1
In other words, every state must enforce out-of-state protection orders in the same way it enforces its own orders. So, if the abuser violates your Mississippi domestic abuse protection order in another state, they will be punished according to the laws of that state. That’s what “full faith and credit” means.
1 18 U.S.C. § 2265
How do I know if my protection 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;
- sexual violence; or
- another person from coming near you or contacting you;1
- The judge who gave you the order had power (jurisdiction) over the people and case – in other words, they 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 their side of the story;
- In the case of ex parte emergency orders, the abuser must receive notice and have an opportunity to go to court to tell their side of the story at a hearing that is scheduled before the emergency 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 an emergency (ex parte) order. Can it be enforced in another state?
An ex parte emergency order can be enforced in other states as long as it meets the requirements listed in How do I know if my protection order is good under federal law?1
However, the state where you are going generally cannot:
- extend your ex parte emergency order; or
- issue you a final order when the emergency one expires.
If you need to extend your emergency order, you will have to contact the court that issued the order 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 new state that you are moving to if you meet the requirements for getting a protection order there. Keep in mind that if you apply in your new state, the abuser would find out what state you’re living in, and that may put you in danger.
1 18 U.S.C. § 2265(b)(2)
