VAWA makes it possible to have a restraining order enforced in other states. Under VAWA's Full Faith and Credit provision, all state and tribal courts should enforce orders of protection, no matter which court or which state issued the order. All orders of protection are valid anywhere in the country as long as they meet the following conditions:

• The court order was given by a judge after a person who was abused by a family or household member filed a petition with the court asking for protection;
  
• The court that issued the order had jurisdiction over the people in the case;
  
• The abuser had notice of the order and had a chance to go to court to tell his/her side of the story; or
  
• In the case of emergency orders, the abuser will have a chance to go to court to tell his/her side of the story at a hearing scheduled by the court.
  
  

Each state must enforce the out-of-state order in the same way it enforces its own orders and apply the same penalties that applies to violation of its own orders.

Federal Interstate Crimes:

Since the Violence Against Women Act was signed into law, the following have become federal crimes:

• Crossing state or tribal boundries intending to injure, harass, or itimidate an intimate partner and actually causing injury.
  
• Forcing an intimate partner to cross state or tribal boundries and actually causing injury.
  
• Crossing a state or tribal boundary to stalk a person. It is also a federal crime to stalk on Indian Reservations and military bases.
  
• Crossing a state or tribal boundary to violate a Domestic Violence or Stalking Restraining Order. This DOES NOT require injury to occur.
  
  

Generally, violations of these Federal laws are also violations of state law and are more easily prosecuted at the state level. However, if you or a law enforcement agency feel that the federal statutes are appropriate, contact the local U.S. Attorney or a crisis center for more information.

Confidentiality:

Even if you register your protective order with the law enforcement agency or court where you move, your address is confidential. Most states will not notify the defendant. However, the laws in Colorado, Missouri, and Louisiana currently require the courts to notify the defendant when an order is registered with the court.

The U.S. Postal Service can also keep your address confidential. If you would like to take advantage of this option, you should present a copy of your protective order to the appropriate person at the post office. They will still provide your address to the state or federal government.

Gun Laws:

It is against the law for someone to own or carry a firearm while there is a protective order issued against him or her. Law enforcement officers and military personnel may carry weapons only while on duty.

The "Lautenburg Amendment":

If someone has been convicted of a qualifying domestic violence misdemeanor, it is illegal for that person to have a firearm. In order for the offense to qualify, it must include the use of physical force or threatened use of a deadly weapon. The defendant must have had the opportunity for legal counsel and a trial. There are no exceptions for police or the military.

Custody:

If you need to move or flee to another state, it is helpful to understand the laws about child custody. For complete information, you may want to contact an attorney.

If custody of your children is still pending in the courts, the Uniform Child Custody Jurisdiction Act (UCCJA), requires that you submit an affidavit, known as a "Section 9" affidavit, containing the following information to the court where the custody case is pending:

• Your current address
  
• Every address where your child has lived for the past five years
  
• The names and current addresses of every person with whom your child had lived with in the past five years.
  
  

If you do not file this information with the court, other courts may not have jurisdiction to enforce your order. However, filing a Section 9 affidavit does make your address public.

Can I Comply with UCCJA and Still Keep My Address Confidential:

YES. There are a number of options available to you, if you need to keep your address from an abusive partner. Here are some options available to you by filing an ex parte motion asking the court to:

• Waive the filing of Section 9 affidavit (or)
  
• Allow you to file the Section 9 affidavit without revealing information that may put someone at risk. Instead, you will need to attach a statement telling how long your child has lived in each state, what the history of vilence has been, and why disclosing the information would endanger you, your child, or someone else (or)
  
• Allow you to meet the Section 9 requirements via a hearing without your abuser and his or her attorney present (or)
  
• Have the court seal the affidavit so that it is not available to the public.
  
  

Before You Move:

Call the National Domestic Violence Hot Line (1-800-799-7233) if you need to get the number of a domestic violence crisis center in the state you're going to. They can be an excellent resource.

You can also call your local crisis center for information on developing a safety plan so you can leave an abusive relationship with the greatest possibile safety.

Learn about restraining order filing and enforcement procedures in the area you plan to move to. A domestic violence advocate at at your local crisis center should be able to help you find this information.

File a Uniform Child Custody Jurisdiction affidavit at the Family Court.

Get together any papers you may need for your move (i.e. a "true and correct" or certified copy of the restraining orders, divorce papers, custody agreements, birth certificates, medical records, and social security cards for yourself and your children).

After You Move:

File your protective order with the court and the police department where you have moved.

Get a post office box and use that for your address. Make arrangements with the Post Office to keep your address confidential.

Let your children's schools know who can - and cannot - pick them up. Give then copies of the restraining and/or custody orders.