The Full Faith and Credit Project
Publication Date: January 2002
This document provides information about individual states' laws and policies regarding restraining orders. Information regarding registries was provided by the National Center for State Courts and the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence. Information regarding state legislation and enforcement was provided by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence.
See a U.S. Protection Order Registries Map
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Ala. Code
§
30-5-4 (h) (1995)
Any protection order issued by the court of another state
shall be accorded full faith and credit and enforced as if it
were an order of this state."
Enforcement
No specific enforcement procedures for foreign orders have
been established; at present, police officers are permitted
to make warrantless arrests if they have knowledge of the
existence of a protection order. Foreign orders will be
enforced if the protected party presents a copy of the order
to the officer.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence
The Administrative Office of the Courts manages Alabama's registry. Orders are entered by clerks of court at the courthouse, usually on the same business day and downloaded to the Criminal Justice Information System (CJIS). The registry includes permanent, temporary/ex parte orders, and criminal orders. Out-of-state orders can be entered in the registry. Expired orders are kept on the system indefinitely. Information is accessible either directly through the registry or through the state wants and warrants file.
Registry Contact
Mike Carrol
Administrative Office of the Courts
300 Dexter Avenue
Montgomery, AL 346104-3741
334-242-0838
334-242-2099 Fax
mikec@alaline.net
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Alaska code
§
18.66.140 (b)(2000) states that "[a] protective order filed
in accordance with (a) of this section has the same effect
and must be enforced in the same manner as a protective order
issued by a court of this state."
§ 18.66.140(a) provides that a certified copy of an unexpired protective order issued in another jurisdiction may be filed with the clerk of court in any judicial district in the state. When a protective order is filed with the court under this section, the court shall have the order delivered to the appropriate local law enforcement agency for entry into the central registry of protective orders.
Enforcement
No information available at this time.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence
Alaska began operating a registry in June of 1989; the passage of AS 18.65.540 (effective July 1, 1996), which mandates the Department of Public Safety to maintain a central registry, required enhancement of the registry. Pursuant to AS 18.66.100(d)(2), the issuing court is required to have the order delivered to the appropriate law enforcement agency for expedited service and entry into the registry. AS.18.65.540(b) requires the law enforcement agency receiving the order to take reasonable steps to ensure the order, modified order, or dismissal is entered into the registry within 24 hours of receipt. The registry contains emergency, ex parte, and final protection orders; no specific notation is made regarding whether any of these meet ffc requirements. Both active and expired orders are stored in the system; expired orders are purged from the system five years after the expiration date. Authorized users are criminal justice agencies and the Division of Family and Youth Services. Queries may be made using the respondent's name or Social Security Number, driver's license number, or unique system number (APSIN ID). Pursuant to AS 18.66.140, for foreign orders to be entered into the registry, a certified copy of the order must be filed with the clerk of the court in any judicial district in Alaska. The court is then required to deliver the order to a local law enforcement agency for entry into the registry (AS 18.66.140(c)). It is not known whether any tribes are currently participating in the registry. AK is participating in the NCIC POF.
Registry Contact
Technical Issues:
Kathleen Mather
Data Processing Manager
5700 East Tudor Road
Anchorage, AK 99507
(907) 269-5701
(907) 269-5617 Fax
Kathleen_mather@dps.state.ak.us
Policy Issues:
Katherine TePas
Program Coordinator
Same as above address
(907) 269-5412
(907) 337-2059 Fax
Katherine_tepas@dps.state.ak.us
No information available at this time.
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
"A valid protection order that is related to domestic or
family violence and that is issued by a court in another
state, a court of a United States territory or tribal court
shall be accorded full faith and credit and shall be enforced
as if it were issued in this state for as long as the order
is effective in the issuing jurisdiction." Ariz. Rev. Stat.
§
13-3602 (R) (2000)
A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to, another person. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection. Id. at (R)(1). (2000)
A protection order is valid if the issuing court had jurisdiction over the parties and the matter under the laws of the issuing state, a U.S. territory, or an Indian tribe and the person against whom the order was issued had reasonable notice and opportunity to be heard. If the order was issued ex parte, the notice and opportunity to be heard shall be provided within the time required by the laws of the issuing state, territory, or tribe, within a reasonable time after the order was issued. Is. at (R)(2).
A mutual order is not entitled to full faith and credit if either: (a) the person against whom an initial order was sought has not filed a cross or counter petition or other written pleading seeking a protection order or (b) the issuing court failed to make specific findings supporting the entitlement of both parties to be granted a protection order. Id. at (R)(3)(a)-(b)(2000).
Enforcement
Law enforcement officers may presume the validity of and rely
on a copy of a foreign protection order if the order is given
to the officer by any source. The officer may also rely on
the statement of the person protected by the order that it is
still in effect. Ariz. Rev. Stat.
§
13-3602 (R)(4) (2000)
Police officers acting in good faith are immune from civil and criminal liability. Id.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence
Arizona is planning a state registry. Currently, orders are directly entered into the NCIC system by some local law enforcement agencies.
Registry Contact
Angela Bowman
Administrative Office of the Courts
1501 W. Washington St., Suite 410
Phoenix, AZ 85007
(602) 542-9250
(602) 542-9659 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Ark. Stat. Ann.
§
9-15-302 (1995)
"(a) Any protection order issued that is consistent with
subsection (b) of this section by the issuing court of one
state or Indian tribe shall be afforded full faith and credit
by the courts of this state and upon registration as provided
in
§
9-5-301 shall be enforced by law enforcement as if it were
issued in this state.
(b) A protection order issued by a state or tribal court is consistent with this section if: (1) Such court had jurisdiction over the parties and matters under the laws of such state or Indian tribe; and (2)(A) Reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process. (B) 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 respondent's due process rights."
§ 9-15-302(d) directs that after a foreign order is submitted to the chancery clerk, the chancellor shall review the order to determine whether it complies with due process requirements of the VAWA. If the order is consistent with the VAWA, the clerk shall register the foreign order and forward a copy to law enforcement.
§ 12-12-215 (b)(4) states that "[o]nly orders which are consistent with § 9-15-302(b) may be entered into the Arkansas Crime Information Center system."
Enforcement
No information available at this time.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Ark. Code Ann. § 12-12-215 requires the development of a statewide registry, and for orders to be entered by each county sheriff's department. The registry contains temporary and final orders (temporary orders contain a notation as to whether service was completed), as well as criminal "no contact" orders (upon request of a court or law enforcement agency). A Brady record indicator is included. Any criminal justice agency in the state may search the registry using the respondent's name, or by running a routine warrant check. While the registry has the capacity to contain out-of-state orders, there are no established procedures for determining whether a foreign order is still valid.
Registry Contact
Richard Thomas
Arkansas Crime Information Center
One Capital Mall 4D-200
Little Rock, AR 72201
(501) 682-2222
(501) 682-2530 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Cal. Fam. Code
§
6401(5): "Protection order means an injunction or other
order, issued by a tribunal under the domestic violence or
family violence laws of the issuing state, to prevent an
individual from engaging in violent or threatening acts
against, harassment of, contact or communication with, or
physical proximity to, another individual."
§
6402: "(a) A person authorized by the law of this state to
seek enforcement of a protection order in a tribunal of this
state. The tribunal shall enforce the terms of the order,
including terms that provide relief that a tribunal of this
state would lack the power to provide but for this section.
The tribunal shall enforce the order, whether the order was
obtained by independent action or in another proceeding, if
it is an order issued in response to a complaint, petition,
or motion filed by or on behalf of an individual seeking
protection. In a proceeding to enforce a foreign protection
order, the tribunal shall follow the procedures of this state
for the enforcement of protection orders.
(b) A tribunal of this state may not enforce a foreign
protection order issued by a tribunal of a state that does
not recognize the standing of a protected individual to seek
enforcement of the order.
(c) A tribunal of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
(d) A tribunal of this state may not enforce a provision of a foreign protection order with respect to support under this part."
Enforcement
Cal. Fam. Code
§
6403: "(a) A law enforcement officer of this state, upon
determining that there is probable cause to believe that a
valid foreign protection order exists and that the order has
been violated, shall enforce the order as if it were the
order of a tribunal of this state.
Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes, in and of itself, probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retreivalbe in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(b) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(c) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondenta reasonable opportunity to comply with the order before enforcing the order. Verbal notice of the terms of the order is sufficient notice for the purposed of this section.
(d) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this part."
The penal code directs that written policies of law enforcement agencies must require arrest of an offender if there is probable cause that a foreign protective order has been violated. § 13701
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
CA FAM 6830 provides for a state registry maintained by the Department of Justice. Each county determines the specific entry procedures, but local law enforcement enters orders in most counties (after delivery by protected party). The registry includes permanent, temporary, ex parte, emergency, and criminal orders. Out-of-state orders can be entered after registered with court. Expired orders are held in a suspense file for 30 days and then purged (although they are reevaluating this policy). The registry does include a Brady record indicator. Information can be accessed through several mechanisms, including during "wanted person" checks. California is sending orders to NCIC.
Registry Contact
Valerie Fercho
Department of Justice
P.O. Box 903387
Sacramento, CA 94203-3870
916-227-3732
916-227-3774 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
A foreign protection order shall be accorded full faith and
credit by the courts of this state as if the order were an
order of this state. . .if the order meets all of the
following conditions:
(a) The foreign protection order was obtained after providing the person against whom the order was sought reasonable notice and opportunity to be heard sufficient to protect his or her due process rights. If the foreign protection order is an ex parte injunction or order, the person against whom it was obtained shall have been given notice and an opportunity to be heard within a reasonable time after the order was issued sufficient to protect his or her due process rights;
(b) The court that issued the order had jurisdiction over the parties and over the subject matter; and
(c) The order complies with Section 14-4-102 (13). Colo. Rev. Stat. § 18-6-803.8(3)(a)-(c)(1999)
A protected party may file a certified copy of a foreign protection order in the district or country court; if the order is filed, it shall be entered into the central registry of restraining orders. The certified order shall be accompanied by an affidavit affirming to the best of protected party's knowledge the order has not been modified since it was issued. There shall be no fee for filing. Colo. Rev. Stat. § 18-6-803.8(4)(1999).
Enforcement
Filing, domestication or registration of the foreign order is
not required for enforcement. An officer shall enforce a
foreign order that appears to be an authentic court order. If
a paper copy of the order is unavailable and the officer
determines that the order exists through the central
registry, the NCIC Protection Order File, or communication
with appropriate authorities, the officer shall enforce the
order. Officers can rely on the statement of anyone protected
by the order that remains in effect and they are protected
from civil and criminal liability for good faith acts. Id. at
(5).
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
The statewide registry operates as part of the Colorado Criminal Information Center, authorized by C.R.S.A. § 18-6-803.7. The Colorado Bureau of Investigation maintains the registry and the Administrative Office of the Courts is responsible for sending electronic data to the registry. Clerks of court enter orders at the time of issue. The data is electronically transferred to the CCIC within 2 hours. Temporary and permanent orders are included, with criminal orders entered at the discretion of the district attorney. Old orders are archived by the system. Out-of-state orders may be included on the registry if they are docketed with the state court. Colorado is sending orders to NCIC.
Registry Contact
Mike Igo
CO Bureau of Investigation
690 Kipling Street
Denver, CO
(303) 239-4655
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Section 7 of Connecticut Public Act No. 99-186 (approved June
23, 1999) states as follows:
"(a) A protective order issued by a court of another state may be registered in this state, by sending to the Superior Court in this state: (1) A letter or other document requesting registration; (2) two copies, including one certified copy, of the protective order sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the petitioner, the order has not been modified; and (3) the name and address of the person seeking registration except where such disclosure would jeopardize the safety of such person.
(b) On receipt of the documents required in subsection (a), the registering court shall cause the protective order to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form.
(c) Within five days of the receipt by the registering court of the documents required by subsection (a) of this section, the petitioner shall notify any person named in the protective order of the registration of the documents by certified mail, return receipt requested, at the last known address or by personal service, and provide any such person with an opportunity to contest the registration in accordance with this section. This notice required by this subsection shall state that (1) a registered protective order is enforceable as of the date of the registration in the same manner as a protective order issued by a court of this state, (2) a hearing to contest the validity of the registered protective order may be requested within twenty days after service of notice, and (3) failure to contest the registration shall, upon proof of notice, result in the confirmation of the protective order and preclude further contest."
Enforcement
Enforcement information not available.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Connecticut currently is designing a protection order registry to be maintained by Superior Court Operations. Court clerks will enter the majority of orders, with some orders related to probation conditions entered by the probation/parole department. The registry will contain civil and criminal orders. No definite plans have been developed for the maintenance of expired or dismissed orders. CT plans to include out-of-state orders (pending legislation). The Brady indicator is an automatic flag based on established factors. Orders will be transmitted to the state police information system and forwarded to NCIC.
Registry Contact
Robert Bosco
Superior Court Operations
225 Spring Street, 4th Floor
Weathersfield, CT 06109
860-529-9699
robert.bosco@jud.state.ct.us
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Del. Code Ann. tit. 11,
§
1271A (2000) provides that a person is guilty of criminal
contempt (class A misdemeanor) when he/she knowingly violates
or fails to obey any provision of a protective order issued
by family court or a court of any state, territory, or Indian
nation as long as such violation or failure to obey occurred
in Delaware.
Enforcement
Del. Code Ann. tit. 11,
§
1904(a)(5) (2000) provides for warrantless arrest for
violations of out-of-state orders similar to violations of
Delaware orders.
Del. Cod Ann. tit. 10, § 1046(c) (2000) directs law enforcement officers to arrest with or without a warrant any person whom the officer has probable cause to believe has violated a protective order issued by family court or a court of another state, territory, or Indian nation. Probable cause may be established by a good faith reliance on information contained in the statewide protective order registry DELJIS or on the existence of a foreign protective order. If an officer acts in good faith upon information contained in DELJIS or on reasonable belief in the existence or a domestic or foreign protective order, the officer shall be immune from civil liability.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
The Delaware protection order registry is part of the Delaware Justice Information System (DELJIS), managed by the Judicial Information Center. Clerks of court create orders directly on the registry with simultaneous transmission to law enforcement. The registry contains all civil orders of protection and maintains an historical file of expired/cancelled orders. Out-of-state orders can be entered on the system once reviewed by a commissioner (ex parte orders are excluded). The court determines Brady eligibility and indicates in the registry. The system generates automatic notification to law enforcement about the status of gun relinquishment. Software changes are needed before data from the registry can be forwarded to NCIC.
Registry Contact
Frank J. Mroz
Family Court Administrative Office
First Federal Place
704 N. King Street, 2nd Floor
Wilmington, DE 19801
(302) 577-2693
fmroz@state.de.us
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Not applicable.
Enforcement
Not applicable.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Orders are entered onto the Washington Area Law Enforcement System (WALES). Court clerks enter the orders within 48 hours of issuance. The registry includes temporary and permanent civil protection orders (ex parte orders are not flagged). All orders remain on the system until a request is made for an expired order to be deleted. Out-of-state orders are entered if brought to the DC Superior Court. The system is unable to send protection order data to NCIC.
Registry Contact
Paul Roddy
DC Superior Court
500 Indiana Avenue, NW
Room 4242
Washington, DC 20001
(202) 879-0157
(202) 879-1295 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
"Pursuant to 18 U.S.C.
§
2265, an injunction for protection against domestic violence
issued by a court of a foreign state must be accorded full
faith and credit by the courts of this state and enforced by
a law enforcement agency as if it were the order of a Florida
court ... provided that the court had jurisdiction over the
parties and the matter and that reasonable notice and
opportunity to be heard was given to the person against whom
the order is sought sufficient to protect that person's right
to due process." Fla. Stat. ch. 741.315(2)(1999)
A protected party may present a certified copy of a foreign order to any sheriff or local law enforcement agency in the state and request that the same be entered into the statewide injunction registry. If the protected party registers the order with the law enforcement agency, she/he must also swear by affidavit that, to the best of the protected party's knowledge and belief, the foreign order is still in effect. The officer must examine the certified copy and register the order, noting that it is a foreign order. If it is not apparent from the face of the order, the officer must use best efforts to ascertain whether it was served on the respondent. Fla. Stat. ch. 741.315(3)(a)-(c) (1999).
Enforcement
Registration of the foreign protection order is not a
prerequisite for enforcement and failure to register the
foreing order shall not be an impediment to enforcement. Fla.
Stat. ch 741.315 (1999).
Law enforcement officers must enforce foreign orders as if they were entered by a Florida court. If a copy of an order is presented to an officer, the officer must assist in enforcement of all its terms, pursuant to federal law, "exept matters related to child custody, visitation, and support." As to those provisions only, enforcement may be obtained upon domestication of the foreign order pursuant to § § 55.501-55.509, unless the foreign order is a "pickup order" or "order of bodily attachment" requiring the immediate return of a child. Fla. stat. ch. 741.3154 (4)(a) (1999).
Before enforcing a foreign order, an officer should confirm the identity of the parties present and review the order to determine that, on its face, it has not expired. Presentation of a certified or true copy of the order is not required, provided that a conflicting certified copy is not presented by the respondent or the individual against whom enforcement is sought. Fla. Stat. ch. 741.315(4)(b) (1999). Enforcement and arrest for violation of a foreign protection order must be done consistent with the enforcement of Florida orders. Id. at (4)(e).
An of officer acting in good faith and the employing agency shall be immune from civil and criminal liability for enforcing a foreign order. Id. at (4)(f).
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
FL Statute 741.30 authorizes the Florida Department of Law Enforcement to maintain the state domestic repeat violence injunction verification system. Orders are entered after a hard copy of the order is delivered to the local sheriff's office. The statute requires orders to be delivered to law enforcement within 24 hours and entered into the system within 24 hours after receipt. The registry includes temporary and permanent (non-expiring) orders. Criminal orders are allowed, but not routinely entered because they do not have the same statutory requirements. By state law, out-of-state orders must be entered in the system if they are brought to local law enforcement. A Brady record indicator is included, but contact not sure how it is being used. Cancelled/expired orders are archived. The registry is automatically searched as a "hot file." Florida began sending orders to NCIC in 1999.
Registry Contact
Donna M. Uzzell
Director of Criminal Justice Information Services
Florida Department of Law Enforcement
2331 Philips Road
Tallahassee, FL 32308
850-410-7100
850-410-7125 Fax
donnauzzell@fdle.state.fl.us
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence.
Legislation
A petitioner with a valid foreign protective order may file
the order by filing a certified copy of the order with any
clerk of court of the superior court in Georgia. Filing is
free of charge. The clerk of court shall provide the
petitioner with a receipt bearing proof of submission of the
protective order for entry into the statewide registry. Ga.
Code Ann.
§
19-13-54(a)-(c) (2001).
The clerk of court shall transmit to the registry a copy of the foreign protective order in the same manner as provided in code section 19-13-53. Foreign orders are not required to be contained on a standardized form for entry into the registry. Ga. Code Ann. § 19-13-54(d)-(e) (2001).
Enforcement
Filing and presence in the registry of a foreign protective
order are not prerequisites for enforcement. 19-13-54(f)
(2001).
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Georgia is currently in "start-up" mode for a statewide registry. Currently, information on protection orders goes from the GCIC (after entry by sheriffs) to the NCIC POF.
The new Georgia Protective Order Registry will provide law enforcement officers, prosecutors, and the courts access to protective orders issued in Georgia and elsewhere (if filed in Georgia) 24 hours/day and 7 days/week. Ga. Code Ann. § 19-13-52(a). The registry will be maintained by the Georgia Crime Information Center (GCIC). Id. at (b).
The Georgia registry will become effective 180 days after promulgation of standardized forms, pursuant to Ga. Code Ann. § 19-13-53 (2001). The standardized forms will contain, at a minimum, all information required for entry of orders into the registry and the NCIC POF. Ga. Code Ann. § 19-13-53(a) (2001). The clerk of the issuing court will electronically transmit a copy of the protective order or modification thereof to the registry as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. Id. at (b). In the event of electronic failure, the clerk shall immediately notify the GCIC, which will authorize an alternative method of transmitting the protective order to the registry. Id. The GCIC will ensure that any protective orders are purged from the registry within 24 hours of expiration/termination. Id. at (c). A petitioner may file a foreign protective order by filing a certified copy of the order with any clerk of court of the superior court in Georgia. Ga. Code Ann. § 19-13-54(a) (2001). Filing will be free of charge. Id. at (b). The clerk of court shall provide the petitioner with a receipt bearing proof of submission of the order to the registry in the same manner provided in section 19-13-53. Id. at (d). Foreign orders shall not be required to be contained on a standardized form in order to be entered into the registry. Id. at (e).
The GCIC will ensure that any protective order or modification thereof is entered into the registry within 24 hours of receipt of the order from the clerk of court. Ga. Code Ann. § 19-13-53(c). Expired or terminated orders will be purged from the registry within 24 hours of expiration/termination. Id.
Registry Contact
Rachel Ferencik
Executive Director
Family Violence Commission
244 Washington St., Ste. 550
Atlanta, GA 30334
(404) 657-3412
Marla Moore
Administrative Office of the Courts
Same as above address
(404) 656-5171
(404) 651-6449 Fax
No information available at this time.
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Haw. Rev. Stat.
§
586-A (2000) provides that "any valid protective order, as
defined in 18 U.S.C.
§
2266, issued by a court of tribunal of another state, tribe,
or territory of the United States shall be accorded full
faith and credit by the courts of this State and shall be
enforced as if it were an order issued in this State."
Section 586-B provides that "a foreign protection order is considered valid if the issuing court had jurisdiction over the parties and the subject matter and the respondent received notice and an opportunity to be heard before the order was issued, and "in the case of an ex parte order, notice and opportunity to be heard were provided within a reasonable period of time, sufficient to protect the respondent's right to due process."
Section 586-C provides that a petitioner may file a certified copy of an order, along with a sworn affidavit stating that the order remains in effect and has not been vacated or modified. No fee shall be charged for the filing. Filing of an order is not required for enforcement. Id.
Enforcement
Pursuant to
§
586-B(b), failure to provide reasonable notice and
opportunity to be heard are an affirmative defense to any
charge or process filed seeking enforcement of a foreign
order.
A law enforcement officer shall enforce a foreign order that "appears to be authentic on its face." "Authentic on its face" is defined as an order that contains the names of both parties and remains in effect. If a paper copy of the order is unavailable at the time enforcement is sought, but the officer "verifies the existence and status of the order through a national or state centralized registry for protective orders or through communication with appropriate authorities in the issuing state, tribe or territory, the officer shall enforce the order." Law enforcement officers shall make an arrest for violation of a foreign order in the same manner as for violations of order issued in Hawaii. § 586-D.
Section 586-E provides for immunity for civil or criminal liability for good faith actions arising in connection with enforcement of a valid foreign protective order.
Violation of a foreign order is a misdemeanor. First convictions subject the defendant to a mandatory minimum of 48 hours and a maximum of 30 days in jail and a minimum fine of $150, with a maximum fine of $500. Subsequent convictions subject the defendent to a minimum jail term of 30 days, and a minimum fine of $250, with a maximum fine of $1,000.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Hawaii is currently planning for an automated centralized registry, managed by the Hawaii Criminal Justice Data Center. They plan to enter the orders at the time they are filed at the courthouse. The registry will contain a scanned image of the order as well as some data fields for searching and indexing. The registry will include temporary, final and criminal orders.
Registry Contact
Laureen Pang
465 South King Street, Room 101
(808) 587-3100
(808) 587-3109 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
I.C.
§
39-6306A (1999)
"(1)An out-of-state protection order is presumed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, district, territory or tribe and the order appears authentic on its face...
(4) A valid out-of-state protection order shall be afforded full faith and credit by the courts of this state and shall be enforced as if issued in this state."
§
39-6306A
(2)"A valid out-of-state protection order may be registered
with a court of this state in order to be entered into the
Idaho law enforcement telecommuncations system pursuant to
section 39-6311, Idaho Code. No fees are required to register
an out-of-state protection order."
Enforcement
I.C.
§
39-6306A (3)"It is not necessary that the out-of-state
protection order be registered pursuant to section 39-6311,
in order to be enforced."
§
39-6309
"When an order is issued or afforded full faith and credit...
upon request of the petitioner, the court may order a peace
officer to... assist in the execution of the protection
order.... Orders issued or afforded full faith and credit...
shall include a designation for an instruction to the
appropriate law enforcement agency to execute, serve or
enforce the order. "
§
39-6314
"No peace officer may be held criminal or civilly liable for
actions or omissions... including enforcement of out-of-state
protection orders if the peace officer acts in good faith and
without malice."
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
I. C. 39-6311 mandates entry of orders into the Idaho law enforcement telecommunications system. The registry is maintained by the Department of Law Enforcement. The court forwards a copy of the orders to be entered by the specified local law enforcement agency, on or before the next judicial business day. The registry includes all civil and criminal protection orders with an archival file maintained for a minimum of five years. The registry does not include out-of-state orders. Idaho is sending data to NCIC.
Registry Contact
Don Peterson
Department of Law Enforcement
P.O. Box 700
Meridian, ID 83680-0700
(208) 884-7135
(208) 884-7196 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
750 Ill. Comp. Stat. 60/223(b) (1995), provides that
"[n]othing in this Article shall preclude any Illinois Court
from enforcing a valid order of protection issued in another
state."
725 Ill. Comp. Stat. 5/112A-22.5 (2000) provides that a protected person may file a certified copy of a foreign protection order with the clerk of court in a judicial circuit in which the person believes that enforcement may be necessary. The clerk shall not charge a fee to file a foreign order, and shall treat the foreign order in the same manner as a judgement of the circuit court for any Illinois county in accordance with the provisions of the Uniform Enforcement of Foreign Judgments Act, except that the clerk shall not mail notice of the filing of the foreign order to the respondent. The clerk shall, on the same day that the order is filed, file a certified copy of the order with the sheriff or other law enforcement officials charged with maintaining department of state police records as set forth in section 112A-22.
All sheriffs shall furnish to the state police, daily, any foreign orders of protection filed by the clerk of the court pursuant to section 112A-22. Each order for protection shall be entered in the Law Enforcement Automated Data System on the same day it is issued by the court. 725 Ill. Comp. Stat. 5/112A-28 (2000).
Enforcement
"Neither residence in Illinois nor filing of a foreign order
of protection is required for enforcement of the order by
this state. Failure to file the foreign order shall not be an
impediment to its treatment in all respects as an Illinois
order of protection." 725 Ill. Comp. Stat. 5/112A-22.5
(2000)
750 Ill. Comp. Stat. 60/223 (a)(1) (2000). The respondent commits the crime of violation of an order of protection authorized under the laws of another state, tribe, or territory by having knowingly violated a remedy "which is substantially similar to the remedies authorized under paragraphs (1), (2), (3), (14), and (14.5)" of 214(b) of the Illinois Domestic Violence Act. [These remedies are: (1)prohibitions on abuse, neglect, or exploitation; (2) grant of exclusive possession of residence; (3) stay away order; (14) prohibition of entry into the residence or household while the respondent is under the influence of alcohol or drugs and constitutes a threat to the safety and well-being of the protected parties; and (14.5) prohibition on firearm possession.]
750 Ill. Comp. Stat. 60/223(a)(2) (2000). The respondent commits the crime of child abduction pursuant to Section 10-5 of the Criminal Code of 1961 by having knowingly violated a remedy in a protection order "authorized under the laws of another state, tribe, or United States territory[,]" which is substantially similar to the remedies authorized under paragraphs (5), (6), or (8) of 214(B) of the Illinois Domestic Violence Act. [These remedies are: (5) physical care and possession of the minor child; (6) temporary legal custody; and (8) prohibitions on the respondent's removal of the child from the state or concealment of a minor child within the state.]
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Illinois has operated its registry since 1986, after legislation was passed that mandated its development (750 ILCS § 60 and 725 ILCS § 5); the Illinois State Police manages the registry. Orders are entered by dispatchers in sheriff's departments via the LIDS terminal. Smaller counties downstate often don't have LIDS terminals and thus must forward orders to the State Police for entry. The registry contains final and temporary orders (there are no indicators for whether a temporary order meets FFC requirements). Orders remain in the registry through 30 days after expiration, and are then moved to the historical file. The information in the registry is accessible by "qualified criminal justice agencies." While legislation requires entry within 24 hours after issuance, this may not always happen, since some agencies are reluctant to enter orders prior to service. Out-of-state orders currently cannot be entered, although the state full faith and credit committee is considering this option. When orders are sent to the NCIC POF in the future, it will be done automatically from the central LIDS system, and will include a Brady record indicator.
Registry Contact
Bill Firth
125 East Monroe St.
P.O. Box 19461
Springfield, IL 62794-9461
(217) 524-1711
Robert McNeely
Chief of Information Services Bureau
Same as above address
(217) 785-4838
(217) 524-8775 Fax
mcneelr@icphost.state.il.us
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Ind. Code Ann.
§
34-26-2.5-2: "A valid foreign protection order shall be
accorded full faith and credit by the courts in Indiana. A
court in Indiana may not enforce a foreign protection order
issued by a tribunal of an issuing state or Indian tribe if
the issuing state or Indian tribe does not recognize the
standing of a protected individual to seek enforcement of the
order."
§ 34-26-2.5-3: "A person authorized by Indiana law to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a circuit, superior, or probate court in Indiana."
§ 34-26-2.5-4: "A circuit, superior, or probate court shall enforce the protection order provisions of an order issued by a tribunal, regardless of whether the order was obtained in an independent proceeding or as part of another proceeding. In a proceeding to enforce a foreign protection order, the circuit, superior, or probate court shall follow Indiana procedures for the enforcement of protection orders."
§ 34-26-2.5-5: "A foreign protection order is valid if it:
Enforcement
§
34-26-2.5-10: "(a) A law enforcement officer, upon
determining that:
shall enforce the order as if it were the order of an Indiana court. The presentation of a foreign protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form."
Presentation of a certified copy of a protection order is not required for enforcement.
(b) If a foreign protection order is not presented, an Indiana law enforcement officer may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists, including information from the National Crime Information Center (NCIC) protection order file, Indiana data and communication system (IDACS) under IC 5-2-5, or a depository established under IC 5-2-9-5.
(c) If an Indiana law enforcement officer determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall:
(d) Registration or filing of a foreign protection order in Indiana or in the National Crime Information Center (NCIC) protection order file is not required for the enforcement of a valid foreign protection order. The commencement of an action under section 3 of this chapter is not required for the enforcement of a valid foreign protection order.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
The Indiana state registry was developed pursuant to legislative mandate, after federal legislation required the development of a national protection order file. The statewide registry was developed to be consistent with the NCIC POF, and is managed by the Indiana State Police. The governing law requires courts to notify local law enforcement when an order is issued, and law enforcement is responsible for entry. Which agency enters the orders varies among counties, as does the timeliness of entry. Only final civil orders (flagged to indicate they meet ffc requirements) and criminal orders are entered. Expired orders are automatically deleted from the system. The registry may be queried using the petitioner's name and DOB, or a "nonsolicited" search may be conducted by street officers by running a check on a tag number and driver's license number; such a search also generates a search of the "wanted" file (if the respondent's name and DOB are used), and a search of the NCIC POF. Orders are currently being entered into the NCIC POF. While the state has the capability to enter Brady-eligibility information in the NCIC, it is unclear whether this is done consistently.
Registry Contact
Major Fred Prior
Indiana State Police - IDACS
Indiana Government Center N.,
Rm. N340
Indianapolis, IN 46204
(317) 232-8318
(317) 232-0652 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Iowa Code
§
236.19 (1999 Supp.) provides that "[t]he foreign protection
order shall have the same effect and be enforced in the same
manner as a protection order issued by an Iowa court."
A copy of a permanent foreign order may be filed with the clerk of the district court in any county in which the protected party may be present.
Enforcement
No information available at this time.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
The Department of Public Safety manages the registry working with the Judicial Department. Entry of orders by clerks of court is required by a supervisory order of the Iowa Supreme Court. Law enforcement can later enhance records with additional information. All types of orders are included on the registry, both civil and criminal (including harassment and stalking criminal orders). Out of state orders may be included on the system if registered with the court clerk's office. Expired orders are maintained for five years. The Brady indicator is computed automatically by the system based on established criteria. All records are being sent to NCIC.
Registry Contact
Jan Visser
Department of Public Safety
Field Service Bureau
Wallace State Office Building
Des Moines, IA 50319
(515) 281-8409
(515) 281-4569 Fax
visser@dps.state.ia.us
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Kan. Stat. Ann.
§
21-3843(2) (2000)
Violation of a protective order includes knowingly or
intentionally violating a protective order issued by a court
of any state or Indian tribe that is consistent with the
provisions of 18 U.S.C.
§
2265.
Enforcement
Enforcement information not available.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Kansas is planning a state registry as part of the implementation of a new criminal justice information system. The Kansas Bureau of Investigation will maintain the registry. The orders will be entered either by local law enforcement or directly by the court. Some local law enforcement agencies are sending orders directly to NCIC at this time.
Registry Contact
Tanya Thoman
Kansas Bureau of Investigation
1620 S.W. Tyler
Topeka, KS 66612
(785) 296-8264
(785) 296-6781 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Full faith and credit will be given to foreign orders as
required by the Violence Against Women Act, 18 U.S.C.
§
2265. Ky Rev. Stat. Ann.
§
403.7521(2) (Michie 1998).
"All foreign protective orders shall have the rebuttable presumption of validity... Until a foreign protective order is declared to be invalid by a court of competent jurisdiction, it shall be given full faith and credit by all peace officers and courts in the Commonwealth." Ky Rev. Stat. Ann. § 403.75291(1)(Michie 1998).
A copy of the foreign order may be filed in clerk's office of any court. At the time of the filing, the protected party must also attach an affidavit on a form prescribed by AOC, certifying that the foreign order is still in effect. Ky. Rev. Stat. Ann. § 403.7521 (Michie 1998).
Enforcement
All police officers must treat a foreign protection order as
a legal document, valid in Kentucky, and they shall make
arrests for violations in the same manner as for violations
of a protection order issued in Kentucky. Ky Rev. Stat. Ann.
§
403.7529(2) (Michie 1998).
The fact that a foreign protection order has not been entered into LINK shall not be grounds for a police officer to refuse to enforce a foreign order unless the order appears to be invalid on its face. Officers acting in good faith shall be immune from criminal and civil liability. Ky. Rev. Stat. Ann. § 403.7529(3) (Michie 1998)
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
The registry is maintained as part of the Law Enforcement Information Network of Kentucky (LINK), as provided by KY Rev. Statute 403.715. Orders are delivered to the designated LINK agency for entry onto the registry as determined by local protocols between the court and the entering agency. Temporary, ex parte and permanent orders are all included on the registry. Out-of-state orders are included after authentication process by the court (see Rev. Statute 403.7521). Expired orders are maintained for five years. The Brady indicator is included in the registry for permanent orders. All orders are forwarded to NCIC, with nearly 100% acceptance rate.
Registry Contact
Major Dennis Goss
or Sgt. Brenda Caudill-Barnes
KY State Police
Information Services Branch Headquarters
919 Versailles Road
Frankfort, KY 40601
(502) 227-8705
(502) 227-8734 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
La. R.S. 14:79 A (2) (1997) directs that "[a]n order for
protection from abuse issued by a foreign state shall be
afforded full faith and credit. This order shall contain a
certification by the issuing court confirming both of the
following: (a) That the issuing court has jurisdiction over
the parties and subject matter under the law of the issuing
state. (b) That reasonable notice and opportunity to be heard
were given to the defendant sufficient to protect the
defendant's right to due process before the order was issued;
or, if the order was issued ex parte, the court ordered that
the defendant be given reasonable notice and an opportunity
to be heard as required in the issuing state. "
R.S. 13:4248 A provides that "[a] copy of any foreign protective order authenticated with an act of congress or the statutes of this state may be annexed to and filed with an ex parte petition praying that the protective order be made executory in this state. An affidavit setting forth the name and last known address of the person or persons to whom the protective order is directed shall also be attached thereto."
13:4248 B directs the court to hold an ex parte hearing to make the foreign protection order executory in Louisiana. The order is then forwarded to the clerk of court for filing.
13:4248 C requires the clerk of court to mail a copy of the foreign order, which must be converted into a "Uniform Abuse Prevention Order", to the person or persons against whom the order is directed. The clerk is further required to send a copy of the order to the Louisiana Protective Order Registry.
Enforcement
No information available at this time.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
The Louisiana registry was created pursuant to legislative mandate. Orders are faxed from the issuing court to the Judicial Administrative Office, and entered by one of five staff members by the close of business on the day after the order was issued. Final, temporary, and criminal orders are entered. For temporary orders, a check box indicates whether ffc requirements have been met. The database includes active orders, with expired orders stored in the archive file. Petitioners may request that their address remain confidential. Authorized users of the database are "terminal access controllers" at law enforcement agencies, courts, and prosecutors' offices. Out-of-state orders are not entered unless they are made "executory" pursuant to current LA law. Orders are transferred via batch file to the NCIC POF. Upon a finding by the court, a Brady eligibility indicator will be included in orders. The Judicial Administrative Office now is exploring the establishment of a wide area network to allow direct local court access to the registry and other automated files.
Registry Contact
Patsy Taylor
Judicial Administrative Office
Louisiana Supreme Court
1555 Poydras, Ste. 1540
New Orleans, LA 70112
(504) 568-5747
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
15 M.R.S.A.
§
321 (1995) Violating a protection order or other similar
order of another state, territory, commonwealth, or tribe is
a class D crime under Maine law.
Enforcement
Enforcement information not available.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Maine is planning a state registry as part of the state hot file (METRO). The registry would be maintained by the Department of Public Safety, with the orders entered by clerks at the courthouse. Data will be entered directly into the court database with electronic transmission to DPS. Orders in ME are not valid until served so the file will be held in suppression until the return of service modification message is received by the system. All civil orders will be included in the registry. Out-of-state orders will be included if recognized by a ME state court. A separate hot file is being created for criminal "conditions of release". DPS plans to maintain a historical file for five years. Orders will be sent to NCIC once notice of service is received and the file suppression is lifted.
Registry Contact
Major Jeffrey Harmon
Maine State Police
36 Hospital Street
Augusta, ME 04333-0042
(207) 624-7000
(207) 624-7137 Fax
jeffrey.d.harmon@state.me.us
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Md. Fam. Law Code Ann.
§
4-508.1 subsection (A) defines "order for protection" for
purposes of full faith and credit as "a temporary or final
injunction that: (I) is issued for the purpose of preventing
violent or threatening acts or harassment against, contact or
communication with, or physical proximity to another person;
(II) is issued by a civil court in response to a complaint,
petition, or motion filed by or on behalf of a person seeking
protection or by a criminal court; and (III) is obtained by
filing an independent action or as a pendente lite order in
another proceeding.
Subsection (A)(2) further states that an order for protection does not include a support or child custody order.
§ 4-508.1(B): "An order for protection issued by a court of another state or a Native American tribe shall be accorded full faith and credit by a court of this State and shall be enforced:
Enforcement
Md. Fam. Law Code Ann.
§
4-508.1(C): "A law enforcement officer shall arrest with or
without a warrant and take into custody a person whom the
officer has probable cause to believe is in violation of an
order for protection that was issued by a court of another
state or a Native American tribe and is in effect at the time
of the violation if the person seeking the assistance of the
law enforcement officer:
§ 4-508.1(D): "A law enforcement officer acting in compliance with this section shall be immune from civil liability if the law enforcement officer acts in good faith and in a reasonable manner."
Md. Crim. Proc. § 5-202(e)(1)(ii): "A District Court commissioner may not authorize the pretrial release of a defendant charged with violating ... the provisions of an order for protection, as defined in § 4-508.1 of the Family Law Article, issued by a court of another state or of a Native American tribe that order the defendant to refrain from abusing or threatening to abuse a person eligible for relief, if the order is enforceable under § 4-508.1 of the Family Law Article."
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
MD Code 1957, Art. 88B Section 7A provides for the establishment of the Maryland Interagency Law Enforcement System (MILES), managed by the Department of Public Safety. Sheriffs or local police departments serving the ex parte orders enter the information into the protective order files in MILES. Civil protection order information is entered by law enforcement after the hearing. Once in MILES, data is then transferred to NCIC. The information is maintained by the entering enforcement agency.
Registry Contact
Contact information not available.
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Mass. Ann. Laws ch. 209A,
§
5A (2000) provides that an out-of-state protection order is
entitled to full faith and credit throughout the Commonwealth
and should be enforced as if it were issued in the
Commonwealth for as long as it remains in effect in the
issuing state or jurisdiction.
§ 5A states that a person with a foreign order may file a certified copy of the order in any district, probate, family, or superior court, or the Boston municipal court. The filing of a certified foreign protection order, however, is not a precondition for enforcement by the police or the courts. If a person chooses to file the order, she/he must also swear under oath in an affidavit, that, to the best of the person's knowledge, the order is still in effect in the issuing state or jurisdiction.
Enforcement
Section 5A provides that a police officer may presume the
validity of a foreign order that has been provided to him/her
by any source provided that the officer also receives a
statement by the protected party that the order is still in
effect. Officers are further granted immunity from liability
for acts made in good faith.
§ 6 requires police officers to arrest for violations of certain provisions of foreign orders (no contact, no abuse, exclusion/eviction provisions).
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
The September 1992 update to the 1986 Abuse Prevention Act provides for the maintenance of a statewide registry by the Commissioner of Probation. Probation office personnel enter the orders within 24 hours. The registry contains civil orders only. Some emergency orders issued during non-court hours may not be included on the system. Active and historical records currently are held in the same file. Out of state orders can be entered on the registry if a copy of the order it brought to the local court to be entered. MA is now sending data to NCIC.
Registry Contact
John Cremens
Office of the Commissioner of Probation
1 Ashburton Place, Room 405
Boston, MA 02108
(617) 727-5300
cremens_j@jud.state.mass.us
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Legislation information not available.
Enforcement
Enforcement information not available.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
M.C.L.A. § 600.2950 and § 600.2950a authorizes the statewide registry maintained by the Michigan State Police. Orders are delivered by the court to local law enforcement for entry onto the LEIN system. In-state temporary, ex parte and permanent orders are all included on the registry. The registry also maintains records of conditional bonds and soon will include conditions of probation that protect a named individual. Cancelled orders are purged after 2 weeks; expired orders are purged immediately. The Brady record indicator is determined by the court and included on the order for entry by law enforcement. Orders are not currently forwarded to NCIC.
Registry Contact
David Turner
Section Manager
Central Records Division
Michigan State Police
7150 Harris Drive
Lansing, MI 48913
(517) 322-1658
(517) 322-0635 Fax
turnerdavid@state.mi.us
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
M.S.
§
518B.01 Subdivision 14 (b) directs that "[w]henever an order
for protection is granted pursuant this section or a similar
law of another state, and the respondent or person to be
restrained knows of the order, violation of the order for
protection is a misdemeanor. "
Enforcement
Enforcement information not available.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
The Minnesota Supreme Court and the Department of Public Safety maintain the statewide registry, as authorized by MN State Statute. The clerk of court enters orders into the court database, typically when the petition is filed. Orders are then transmitted electronically to the Department of Public Safety two times a day. Temporary, ex parte and permanent orders are all maintained on the registry. Out of state orders can be included if they are registered at the court. Some counties do include information from petitions in the court database. Expired orders currently stay in frozen status in the active file, with no updates permitted once the expiration data has passed. The Brady indicator is a system default based on established factors. MN is sending data to NCIC.
Registry Contact
Sarah Thompson
Minnesota Supreme Court
Senior Systems Analyst
25 Constitution Avenue, Suite 125
St. Paul, MN 55155
(651) 297-7610
(651) 197-7595 Fax
sarah.thompson@courts.state.mn.us
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Miss. Code
§
93-21-16 (2000):
"(1) A protective order from another jurisdiction issued to
protect the applicant from domestic violence as defined in
§
97-3-7, Mississippi Code of 1972, shall be accorded full
faith and credit by the courts of this state and enforced as
if it were rendered by a court of this state.
(2) A protective order from another jurisdiction is presumed to be valid if the order appears authentic on its face. The effective dates of the order shall be enforced as they appear on the order's face. Where no expiration date appears on the face of the order, the order shall be deemed to have expired one (1) year from the date of issuance."
Enforcement
"(3) It is an affirmative defense in any action seeking
enforcement of a protective order issued in another
jurisdiction: (a) That the respondent was not given
reasonable notice and an opportunity to be heard consistent
with due process either: (i) Before the date the order was
rendered; or (ii) In the case of an ex parte order, within
the time required by the jurisdiction rendering the order
after the date the order was rendered; or (b) That the
issuing court lacked jurisdiction to issue the order."
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
No state registry is currently in place.
Registry Contact
Contact information not available.
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Mo. Rev. Stat.
§
§
455.067 (1999) to direct that any protection order issued by
another state, territory or possession of the United States,
the Commonwealth of Puerto Rico, or the District of Columbia
must be given full faith and credit throughout the state in
all courts, and by all law enforcement officials and
agencies, and public officials. It also states that a foreign
protection order is enforceable in the state so long as it is
in effect in the issuing state.
§ 455.067 provides that a person may file a petition seeking registration of a foreign order in the circuit court having jurisdiction. A certified copy of the order must be attached to the petition and the person must affirm that the order remains in effect. If the court determines that the order is still active, it shall issue an order giving full faith and credit to the foreign order. A copy of the Missouri court's "recognition" order will be sent to the respondent's last known address, via certified mail, along with copies of the petition and foreign order. The respondent can move the court to set aside or modify its order. The petitioner doesn't have to appear at the hearing nor does she/he have to rebut the respondent's evidence.
Enforcement
§
455.067 also states that registration is not required for
enforcement of a certified foreign order in the state and
permits law enforcement to rely upon a certified order that's
been provided to the officer by any source.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Missouri's registry was developed as a result of legislative mandate several years ago. The State Highway patrol is responsible for managing the registry, and for entering orders into the NCIC POF beginning June 1999. After an order is issued, the court forwards it on the same day to the county sheriff's department, where it is entered into the statewide registry, usually by a law enforcement clerk. The registry contains both final and temporary orders, but not criminal orders. Violations are not noted. To date, out-of-state orders are not entered into the system. To access the system, a law enforcement officer must receive specialized training, after which he/she receives a user i.d. number and password. Expired orders remain on the system for 5 years, but the contents of the orders are not accessible to querying law enforcement officers. A Brady indicator will only appear on orders entered into the NCIC POF that contain a provision prohibiting the respondent from possessing a firearm.
Registry Contact
Vic Beuchter
Missouri State Highway Patrol
(573) 751-9000 Ext. 296
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Mont. Code Ann.
§
40-15-402: "Definitions. As used in this part, the following
definitions apply:
... (5) `Protection order' means an injunction or other order
issued by a court under the domestic violence or family
violence laws of the issuing state to prevent an individual
from engaging in violent or threatening acts against,
harassment of, contact or communication with, or physical
proximity to another individual."
§ 40-15-403: "Judicial enforcement of order.
(1) A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a court of this state. The court shall enforce the terms of the order, including terms that provide relief that a court of this state would lack power to provide but for this section. The court shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the court shall follow the procedures of this state for the enforcement of protection orders.
(2) A court of this state may not enforce a foreign protection order issued by a court of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
(3) A court of this state shall enforce the provisions of a valid foreign protection order that govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
(4) A court of this state may not enforce under this part a provision of a foreign protection order with respect to support.
(5) A foreign protection order is valid if it: (a) identifies the protected individual and the respondent; (b) is currently in effect; (c) was issued by a court that had jurisdiction over the parties and subject matter under the law of the issuing state; and (d) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the court issued the order or, in the case of an order ex parte, the respondent was given notice and had an opportunity to be heard within a reasonable time after the order was issued, consistent with the rights of the respondent to due process.
(6) A foreign protection order valid on its face is prima facie evidence of its validity.
(7) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(8) A court of this state may enforce provisions of a mutual foreign protection order that favor a respondent only if: (a) the respondent filed a written pleading seeking a protection order from the court of the issuing state; and(b) the court of the issuing state made specific findings in favor of the respondent."
§ 40-15-405: "40-15-405. Registration of order. (1) Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall:
(2) Upon receipt of a foreign protection order, the department of justice shall register the order in accordance with this section. After the order is registered, the department of justice shall furnish to the individual registering the order a certified copy of the registered order.
(3) The department of justice shall register an order upon presentation of a copy of a protection order that has been certified by the issuing state. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this state.
(4) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is currently in effect.
(5) A foreign protection order registered under this part must be entered into the database of the national crime information center of the United States department of justice and may be entered in any existing state or other federal registry of protection orders, in accordance with applicable law.
(6) A fee may not be charged for the registration of a foreign protection order."
§ 40-15-303: "Registration of orders. (1) The clerk of court, justice of the peace, municipal court judge, or city court judge shall, within 24 hours of receiving proof of service of an order under 40-15-201, 40-15-204, or 40-15-301, mail a copy of the order or any extension, modification, or termination of the order, along with a copy of the proof of service, to the appropriate law enforcement agencies designated in the order, which shall, within 24 hours after receipt of the order, enter the order into the database of the national crime information center of the United States department of justice and may enter the order into any existing state or other federal registry of protection orders, in accordance with applicable law."
Enforcement
Mont. Code. Ann.
§
40-15-404: "Nonjudicial enforcement of order.
(1) A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(2) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(3) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(4) Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this part."
§ 40-15-406: "Immunity. This state or a local governmental agency or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity is immune from civil liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this part."
§ 40-15-303(2): "Law enforcement agencies shall establish procedures, using an existing system for warrant verification and the database of the national crime information center of the United States department of justice, to ensure that peace officers at the scene of an alleged violation of an order of protection are informed of the existence and terms of the order."
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
No state registry currently in place.
Registry Contact
No registry contact information available.
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
R.R.S. Neb.
§
28-311.10 (1998)
(1) "A valid foreign harassment protection order or order
similar to a harassment protection order issued by a court of
another state, tribe, or territory shall be accorded full
faith and credit by the courts of this state and enforced as
if it were issued in this state."
§ 42-931. (1) "A valid foreign protection order related to domestic or family abuse issued by a court of another state, tribe, or territory shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state."
Enforcement
§
28-311.10. 1. A peace officer may rely upon a copy of any
putative valid foreign harassment protection order which has
been provided to the peace officer by any source.
§ 42-931. (3) A peace officer may rely upon a copy of any putatively valid foreign protection order which has been provided to the peace officer by any source.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
Nebraska is in the process of updating its current limited registry with a comprehensive statewide protection order repository. Passage of legislation mandating participation in a central repository is still pending. The registry will be maintained by Nebraska State Patrol. The clerk of court will record the orders in the central registry at the time of issuance. The registry will include temporary and ex parte orders, as well as final orders and will support out-of-state orders presented to the court. Each order is maintained on the system for a period of six years. After six years, the order is written to an archival file. Any NCIC name search will result in a query of the registry. Currently, protection orders will only be maintained in the state file. NE is sending orders to the NCIC POF.
Registry Contact
Lt. Ray Kastanek
Nebraska State Patrol
P.O. Box 94907
Lincoln, NE 68509-4907
(402) 479-4928
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
15 Nev. Rev. Stat.
§
33.090 (amended 1999)
Subsection 1 provides that "[a] valid order for protection
against domestic violence issued by a court of another state,
territory or Indian tribe within the United States must be
accorded full faith and credit by the courts of this state
and enforced as if it were issued by a court in this state,
regardless of whether the order has been registered in this
state."
Subsection 2 states that "[e]xcept as otherwise provided in subsection 4, upon application by the protected party, pursuant to subsection 1, a court of competent jurisdiction in this state shall register such order if (a) the court determines that the issuing court had proper jurisdiction over the parties and subject matter under the laws of the state, territory or tribe; and (b) the court determines that the adverse party was given reasonable notice and an opportunity to be heard before the order was issued..."
Under Subsection 6, "[a] temporary or extended order of another state, territory, or Indian tribe presented pursuant to this section which appears authentic on its face must be presumed valid."
Pursuant to subsection 2, a person may apply to a Nevada court to register a foreign domestic violence protection order by presenting a certified copy of the order to the clerk of court in a judicial district in which the person believes enforcement may be necessary. No fee shall be charged for registering a foreign order. Pursuant to subsection 8, "[t]he clerk of the court shall maintain a record of each order pursuant to this section." The clerk must provide notice to the protected party upon successful transfer of information about the registered order to the statewide central criminal history repository, pursuant to subsection 10.
Enforcement
15 Nev. Rev. Stat.
§
33.090 (1999)
Subsection 4 states that an order that is registered has the
same effect and must be enforced in the same manner as would
a protection order issued in Nevada.
Subsection 5 requires that if a mutual foreign order does not meet the requirements for mutual orders provided in the federal provision, "the court may refuse to register and enforce the order and may determine whether to issue its own temporary or extended order."
Subsection 7 provides a court, law enforcement officer or any other person with immunity from civil liability if they enforce a foreign order based on a reasonable belief that the order is valid.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
NV Revised Statute § 179A.350 requires the implementation of a statewide protection order registry. The Central Repository at the Records and Identification Services of the Department of Motor Vehicles and Public Safety, Nevada Highway Patrol Division will maintain the registry, which should be operational by May 1999. Courts with electronic interface with the Central Repository will enter the orders directly into the registry; other courts will fax or mail the order to be entered by the Registry staff. The registry includes temporary as well as extended orders. An archival file for expired, dismissed and dissolved orders is planned. The system automatically generates a notice to the data operator if Brady criteria are met. Data is not sent to the NCIC protection order file.
Registry Contact
Dennis DeBacco
Department of Motor Vehicles and Public Safety
Nevada Highway Patrol Division
555 Wright Way
Carson City, NV 89711
(775) 684-4701
(775) 684-4797 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
Any protection order issued by any other state, tribal, or
territorial court related to domestic or family violence,
including an ex parte order, shall be deemed valid if the
issuing court had jurisdiction over the parties and matter
under the law of the state, tribe, or territory, and the
person against whom the order was made was given reasonable
notice and opportunity to be heard. There will be a
presumption of validity where an order appears facially
valid. N.H. Rev. Stat.
§
173-B:13 (1999)
A foreign mutual order for relief shall only be granted full faith and credit in New Hampshire if it meets the requirements of B:13(VII), which states that mutual orders issued by any other state, tribal, or territorial court against a petitioner shall only be accorded full faith and credit if a cross or counter petition, complaint, or other written pleading was filed, and "the court made specific findings of domestic or family violence by both parties and that each party was entitled to such order." N.H. Rev. Stat. § 173-B:5(V) (1999)
A person protected by a foreign order may file, without fee or cost, the order in any district or superior court by filin a certified copy of the order. The protected party shall swear under oath in an affidavit, to the best of that person's knowledge, the order is presently in effect as written. The clerk of the court shall forward the order to the state police, who will enter the order into the state database. The order may be enforce without registration. N.H. Rev. Stat. § 173-B:13(IV) (1999).
Enforcement
Law enforcement officer may rely upon a copy of the foreign
order that has been provided to the officer by any source.
N.H. Rev. Stat.
§
173-B:13(V) (1999)
Law enforcement personnel may rely on the statement of the protected party that the order remains in effect as written. N.H. Rev. Stat. § 173-B:13(VI) (1999)
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
New Hampshire's state registry was developed in 1994 and is managed by the Department of Safety. The registry includes both temporary and final orders. Only active orders are maintained in the registry. The state registry does not contain the Brady record indicator. Only law enforcement personnel have access to the full protection order record. The Administrative Office of the Courts separately enters orders directly into the NCIC POF file. Orders entered into NCIC by the AOC do contain the Brady indicator.
Registry Contact
New Hampshire State Police
Family Services Section of the Major Crime Unit
10 Hazen Drive
Concord, NH 03305
(603) 271-2663
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
N.J. Stat
§
2C:25-29 (1994) (a) (6) The court shall consider the
existence of a certifiable order of protection from another
jurisdiction in determining if a domestic order shall be
granted.
Enforcement
A hearing will be held to determine if an order of protection
is warranted.
The NJ Attorney General's office has developed police protocols on full faith and credit. Among other things, officers are directed to enforce foreign protection orders as long as they appear valid on their face.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
New Jersey has operated its registry since Feb. 1999, prior to passage of a legislative mandate. The Admin. Office of the Courts is responsible for managing the registry. Entry is done, regardless of service status, in each county by the family court data entry staff within the same day or the next day after receipt of the order. The state will soon implement a courtroom data entry project to allow clerks of court to enter data directly from the courtroom. The registry contains all active temporary and final civil orders (including service status info.), but not criminal orders. Dismissed orders are also stored in the registry, but since NJ orders have no expiration date, they remain in the registry forever, or until a court grants a motion to dismiss. Contempt of court violation information and disposition of charges is entered. Authorized users include local police, probation officers, prosecutors, sheriffs, state police, judges, municipal courts, family courts, and criminal courts. Queries may be conducted using the name of the petitioner or the respondent. NJ is not currently entering orders into the NCIC POF.
Registry Contact
Harry Cassidy
Acting Assistant Director
Family Court Division
Administrative Office of the Courts
P.O. Box 983
Trenton, NJ 08625
(609) 984-0067
(609) 984-4228 Fax
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
N.M. Stat. Ann.
§
40-13-6 (2000) Subsection (D) provides that, "State courts
shall give full faith and credit to tribal court orders of
protection and orders of protection issued by courts of other
states. A protection order issued by a State or tribal court
against one who has petitioned, filed a complaint, or
otherwise filed a written pleading for protection against
abuse by a spouse or intimate partner is not entitled to full
faith and credit if:
(1) no cross or counter petition, complaint, or other written
pleading was filed seeking such a protection order; or
(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order."
Enforcement
Enforcement information not available.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
New Mexico is planning a centralized registry to be included in the central repository for magistrate and district court records ("Inside NM Courts"). This web-based repository is available only to court personnel. After entry using a case management application at the courthouse, the protection order data will be electronically downloaded to the Department of Public Safety every 24 hours. Temporary as well as permanent orders will be included on the registry. Out-of-state orders also may be entered. Information about petitions filed without subsequent orders will be maintained by the court repository, but not forwarded to the registry. Both active and inactive orders are included in the repository. The Brady indicator is determined at the point of entry as specified in the protection order. DPS is forwarding the registry data to NCIC.
Registry Contact
Kate Reeves
Administrative Office of the Courts
Judicial Administration Division
(505) 476-6938
(505) 476-6952 Fax
reeves@nmcourts.com
Full Faith and Credit Enabling Legislation
Prepared by the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence
Legislation
A valid protection order issued by a court of competent
jurisdiction in another state, territorial or tribal
jurisdiction shall be accorded full faith and credit and
enforced as if it were issued by a court within the state for
as long as the order remains in effect in the issuing
jurisdiction in accordance with 18 U.S.C.
§
§
2265 and 2266. N.Y. Fam. Ct. Act
§
154-e (2000). An order issued by a court of competent
jurisdiction in another state, territorial or tribal
jurisdiction is deemed valid if the issuing court had
personal jurisdiction over the parties and over the subject
matter and the person against whom the order was issued had
reaasonable notice and an opportunity to be heard prior to
issuance of the order. If the order was a temporary order of
protection issued in the absence of that person, notice must
have been given and an opportunity to be heard had to have
been provided within a reasonable period of time after the
issuance of the order. Id. at (1)(a)-(b). In the case of
mutual orders, the order or portion therof sought to be
enforce must have been supported by a pleading requesting the
order (including but not limited to a petition,
cross-petition, or counterclaim) and a judicial finding that
the requestion party is entitled to the issuance of the order
which may result from a judicial finding of fact, judicial
acceptance of an admission by the party against whom the
order was issued, or jusidical finding that the party against
whom the order was issued had given knowing, intelligent and
voluntary consent to its issuance. Id. at (1)(c)(2000). A
foreign protection order, accompanied by a sworn affidavit
that such order remains in effect and has not been vacated or
modified, may be filed without fee with the clerk of the
court, who shall transmit information regarding such order to
the statewide registry of protection orders and warrants;
filing and registry entry, however, shall not be required for
enforcement of the order. Id. at (2).
Enforcement
Law enforcement officers, in determining whether probable
cause exists to make an arrest for violation of a foreign
protection order, must consider among other factors whether
the order is authentic on its face or whether the order
exists on the statewide registry or the NCIC Protection Order
File; entry into the state or national registry, however, is
not required for enforcement. The 1998 legislation directs
that the mandatory arrest and penalty provisions contained in
New York's penal laws apply to violations of foreign
orders.
Registry Information
Prepared by the National Center for State Courts and the Full
Faith and Credit Project of the Pennsylvania Coalition
Against Domestic Violence.
The New York registry was developed pursuant to a legislative mandate (Ch. 222 and 224, 1994 and Amended Exec. Law 221-A). The State Police (via NYSPIN) and the Office of Court Admin. share primary responsibility for managing the active order ("hot") file. In larger courts, orders are entered directly online via PCs or judges' laptops. Smaller courts and town and village courts fax their orders into the registry center for entry. The hot file includes temporary as well as final orders. Service information for temporary orders is entered later by police (if they serve the order) or by court staff. All orders contain a notice at the bottom that they meet ffc requirements. Expired orders are contained in the historical file. Orders that are terminated in favor of the accused are pulled off the system entirely (Crim. Proc. § 160-50). The registry contains records of violations. Only designated court personnel and NYSPIN users who have passwords and specific training have access to the registry. Queries may be conducted using either the petition
