FEDERAL STATUTORY OVERVIEW NJ

FEDERAL STATUTORY OVERVIEW NJ

7.1.1

7.1.2

The Full Faith and Credit provision of the Violence Against Women Act (VAWA), 18 U.S.C.A. 2265, et seq., requires states and Indian tribes to enforce protection orders issued by other states and Indian tribes as if the orders had been issued by the non-issuing/enforcing state or Indian tribe. In addition, an enforcing state must enforce a protection order from another state even if the petitioner would not be eligible for a protection order in the enforcing state.

Additionally, all orders of protection shall have the same force and effect on military installations as such order has within the jurisdiction of the court that issued the order under the Armed Forces Domestic Security Act, 10 U.S.C. 1561a.

7.2 PROTECTION ORDERS COVERED BY §2265

7.2.1

7.2.2

7.2.3

Definition of Protection Order - The Full Faith and Credit provision applies to any injunction or other order issued for the purpose of preventing violent or threatening acts, or harassment against, contact or communication with, or physical proximity to another person, including any temporary or final order issued by a civil and criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition or motion filed by or on behalf of a person seeking the protection. In other words, it extends to temporary and final, civil and criminal protection orders (e.g., stay away or no-contact orders that are part of a defendant’s conditions of release or bail).

Final and Ex Parte Orders A. Every state, subdivision thereof, and Indian tribe must accord full faith and

credit to both final and ex parte protection orders. B. In terms of final protection orders, the statute provides that a final order must

be enforced if:

1. It was issued by a court that had personal and subject matter jurisdiction to issue the order, and

2. The respondent was provided with reasonable notice and the opportunity to be heard sufficient to protect that person’s right to due process.

C. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by state or tribal law and, in any event, within a reasonable period of time after the order is issued, sufficient to protect the opposing party’s right to due process.

Mutual Protection Orders - Should the issuing court enter a protection order with VII - 17.3

prohibitions against both the respondent and the petitioner, only the provisions in favor of the petitioner (those constraining the respondent) are entitled to enforcement in another state, tribe, or territory unless:

A. the respondent filed a separate petition or pleading seeking such an order, and

B. the court made specific findings that both parties were entitled to such a protection order.

Pursuant to §2265, a court in a jurisdiction other than the jurisdiction that issued the order shall not enforce a mutual order against a petitioner unless the portions that impose prohibitions on the petitioner meet the above legal criteria.