Page 1
STOP Technical Assistance Bulletin
Full Faith and Credit
Research is clear that leaving an abusive partner increases
the risk of physical harm to the victim because it disrupts
the abuser’s control.1 Protection orders offer a critically
important tool for victims in the process of leaving an
abuser because it offers court intervention and protection at
the precise time when protection is most urgent.
Some survivors may obtain a protection order in one state
and then move to another state to remain safe. If the
protection order is not enforceable in the state where the
victim relocates, the protection in the order is thwarted.
The federal Violence Against Women Act (VAWA) and
the Pennsylvania Protection From Abuse (PFA) Act
work together to ensure that every jurisdiction in
Pennsylvania recognizes and enforces protection
orders issued in other jurisdictions across the nation.
Full faith and credit requires all Pennsylvania
jurisdictions to recognize and enforce
protection orders issued by a comparable court
in another jurisdiction if:
Ú the issuing court complied with notice
requirements in the issuing jurisdiction and
Ú the defendant had an opportunity to be
heard before the order was issued.
Full faith and credit applies to both temporary
and final protection from abuse orders, and
includes any civil or criminal order that
contains protective provisions.
23 Pa. C.S. § 6104(a)-(b); 18 U.S.C. § 2265(a)-(b).
Full Faith and Credit and The Violence Against Women Act
VAWA is explicit: A protection order from one jurisdiction must be fully recognized and enforced in every other
jurisdiction across the United States.
Defining Protection Order
VAWA defines the term “protection order” broadly to include any injunction, restraining order, or any other order
issued by a civil or criminal court for the purpose of preventing:
þ
þ
þ
þ
Violent or threatening acts or harassment against another person
Sexual violence against another person
Contact or communication with another person
Physical proximity to another person2
Scenario: A sexual assault survivor obtains a protection order in Maryland and later relocates to Pennsylvania.
The offender sends text messages to the victim, threatening to kill her. Pursuant to VAWA, Pennsylvania courts
must enforce the terms of the Maryland order, even though the underlying relationship may not be a covered
relationship under the PFA Act. In addition to filing charges for violating the foreign protection order, law
enforcement can file criminal charges against the offender, such as terroristic threats, harassment, and/or stalking.
The prosecutor can then request extradition of the offender to Pennsylvania.
Note: Section 6114(a.1) of the PFA Act requires law enforcement to file contempt charges for violation of a foreign
protection order in the county where the violation took place.
Pennsylvania Coalition Against Domestic Violence u 1-888-235-3425 u www.pcadv.org u November 2013 Page 1 of 7
Page 2
VAWA includes civil orders in its definition of protection order, which means that foreign orders for divorce, support,
child custody, and visitation that contain protective provisions for a party must be enforced in Pennsylvania. 3
Scenario: A domestic violence survivor received a custody order in Colorado that prohibits her child’s father from
harassing, stalking or assaulting her. With court approval, mother and child relocated to Pennsylvania and father
followed. Shortly thereafter, Father began calling Mother for no legitimate purpose and started showing up
everywhere she went. Father can be charged with indirect criminal contempt for violating the custody order
because it is a “protection order” under VAWA and foreign order under the PFA Act.1 Father can also be charged
with harassment and stalking under the Pennsylvania crimes code.
Due Process Requirements for Full Faith and Credit of Foreign Orders
To receive full faith and credit in Pennsylvania, the issuing court must have exercised appropriate jurisdiction over the
parties (personal jurisdiction) and over the legal matter (subject matter jurisdiction). In addition, the defendant in the
action must have had reasonable notice and an opportunity to be heard.
Ex parte orders are entitled to full faith and credit, provided the defendant is notified and given an opportunity to be
heard within the time limit specified in that jurisdiction or, if a time period is not specified, within a reasonable time
after the order is issued. 4
Scenario: A victim receives a temporary PFA order in Pennsylvania on Friday. The defendant also lives in
Pennsylvania and was served with the order on the same day. The victim drives to New Jersey for the weekend
with her friends. On Sunday, the defendant shows up in New Jersey where the victim is staying and makes a
scene. New Jersey law enforcement can arrest the defendant for violating the temporary PFA order issued in
Pennsylvania because the defendant had notice of the order and will be afforded an opportunity to be heard.
Full Faith and Credit of Mutual Protection Orders
Sometimes courts issue a single protection order that includes prohibitions or relief against both the plaintiff and
defendant, such as mutual no contact provisions. The full faith and credit provisions of VAWA limit the enforcement of
this type of order across jurisdictional lines.5 Under VAWA, a mutual protection order may be enforced only
against the defendant. This limitation does not apply in cases where a defendant filed a counter petition and the
issuing court made specific findings that each party was entitled to a protection order.6
Scenario: Law enforcement arrives at a scene and the caller produces an order issued by a New York court that
lists the caller as the plaintiff and states that neither party can have contact with the other. The other person at the
scene is listed as a defendant in the order, but claims that law enforcement must arrest the caller, too, because
the parties both violated the no-contact provision. VAWA requires that law enforcement only enforce the order
against the defendant because the defendant did not independently petition the court for a protection order.
Notification and Registration of Protection Orders
An individual with a protection order from another jurisdiction does not need to register or file the protection order in a
new jurisdiction. If a victim chooses to register or file their foreign protection order in a new jurisdiction, VAWA
prohibits the receiving jurisdiction from notifying the defendant or requiring a protected party to notify the defendant
about the registration or filing, unless requested to do so by the victim.7 Notifying an abuser that a protection order
was filed or registered in another jurisdiction would reveal the victim’s whereabouts and may place that victim – or
that victim’s family – at risk of additional harm.
Similarly, VAWA prohibits all issuing and enforcing jurisdictions from electronically publishing (in the public domain)8
any information regarding the registration or filing of a protection order, restraining order, or injunction if such
publication would reveal the identity or location of a protected party.9
Pennsylvania Coalition Against Domestic Violence u 1-888-235-3425 u www.pcadv.org u November 2013 Page 2 of 7
Page 3
Full Faith and Credit and the Pennsylvania Protection From Abuse Act
Law enforcement officers are required to arrest a perpetrator for violating a foreign protection order in the same
manner as they would arrest a defendant for violation of a PFA order issued in Pennsylvania.10
Definition of Foreign Protection Order
The PFA Act uses a similar definition for “foreign protection order” as VAWA does for protection order:
A protection order as defined by 18 U.S.C. §2266 (relating to definitions) issued by a comparable court of
another state, the District of Columbia, India tribe or territory, possession or commonwealth of the United
States.11
Presumption of Validity and Verification of Foreign Protection Order
Law enforcement officers must presume the validity of a foreign protection order and can rely upon any copy of a
foreign order that has been presented to the officer by any source, even if the order was not filed or registered in
Pennsylvania.12 Law enforcement officers may verify the existence of a protection order by telephone, radio or other
electronic communication with the appropriate police department, Pennsylvania State Police registry, protection order
file or issuing authority.13
Enforcement of Foreign Protection Order Provisions
Pennsylvania must enforce the provisions included in the foreign protection order, even if that relief is not available in
Pennsylvania.
Scenario: Law enforcement arrives at a scene and the caller hands the officer a protection order from another
state that was issued ten years ago. The order is still in effect and the officer has probable cause that the
defendant violated the order. The officer arrests the defendant. This arrest is valid because the officer received a
copy of the order by the plaintiff and the order appears valid on its face. Even though the PFA Act only authorizes
the issuance of a protection orders for up to three years, Pennsylvania must still enforce the foreign order.
Liability
Failure to enforce a foreign protection order exposes officers and their police departments to civil liability if a
victim is injured as a consequence. Law enforcement agencies, court correctional and detention facilities,
prothonotaries, and employees and agents of those entities, however, are granted immunity from liability if they
enforce a foreign protection in good faith.14 This means that they cannot be held liable for enforcing a foreign order,
even if a court later finds that the order is invalid.
CONTACT PCADV WITH QUESTIONS OR FOR TECHNICAL ASSISTANCE
PCADV provides technical assistance regarding the Full Faith and Credit provision of the
Violence Against Women Act. If you have any questions or would like more information about
Full Faith and Credit please contact the PCADV Legal Department at 1-888-235-3425.
Pennsylvania Coalition Against Domestic Violence u 1-888-235-3425 u www.pcadv.org u November 2013 Page 3 of 7
Page 4
FULL FAITH AND CREDIT AT A GLANCE:
What each discipline needs to know about compliance with Full Faith and Credit
JUDGES
Judges who consider Full Faith and Credit when issuing or enforcing protection orders ensure
that victims who live in or flee to the Commonwealth are protected to the fullest extent of the law.
Issuing Courts
þ
Issue Enforceable Orders
• Use clear and concise language in the order.15
• Do not leave important terms of the order to be agreed upon by the parties.16
• Do not issue mutual orders unless both parties file a separate petition and prove
abuse. Issue two separate protection orders, one for each party.17
þ
Reference Full Faith and Credit in the Order
• State in the order that it was issued in compliance with full faith and credit
requirements and meets the definition of an enforceable foreign protection order under
the Violence Against Women Act.18
þ
Facilitate Protection
• Provide verbal or written notification to the defendant that:
• Federal firearm laws and prohibitions will apply.19
• The order is enforceable in all 50 states, territories, tribal lands, the District of
Columbia, and military installations.20 This language is included in all orders
generated through the Pennsylvania Protection From Abuse Database.
Enforcing Courts
þ
Determine the validity of the foreign protection order
• Ensure the foreign protection order meets all the elements of a valid order:
• Ex parte/ temporary orders: Respondent will be given notice and an opportunity
to be head in a manner consistent with due process.
• Final Orders: Respondent was given notice and the opportunity to be heard
before the order was entered.
• The issuing court had personal and subject matter jurisdiction.
• The order is active and not expired.21
• Contact the issuing court with any questions, to clear up ambiguities, verify validity,
and establish that the respondent was served with the order.
þ
Enforce foreign orders of protection to the fullest extent
• Enforce the terms of the protection order as written by the issuing jurisdiction, even if
the enforcing court lacks the authority to enter the same relief.22
• Use the enforcement procedures within the Protection From Abuse Act.
• The court may hold the defendant in indirect criminal contempt and punish the
defendant in accordance with Pennsylvania law.23
• Courts have jurisdiction over indirect criminal contempt charges for violation of
a foreign order in the county where the violation occurred.24
þ
Facilitate Protection for the Victim if the order is violated
• Provide the parties with copies of the disposition order and issue a new order to be
entered into the Pennsylvania Protection From Abuse Database.
• Ensure court staff are familiar and comply with faith and credit.25
Pennsylvania Coalition Against Domestic Violence u 1-888-235-3425 u www.pcadv.org u November 2013 Page 4 of 7
Page 5
PROSECUTORS
Prosecutors play a significant role in proper enforcement of foreign protection orders. By fully
complying with the requirements of Full Faith and Credit, prosecutors ensure offender
accountability and victim safety for all individuals in our Commonwealth.
þ
Enforce all foreign protection orders, regardless of whether the order was
registered or filed in Pennsylvania.26
þ
Prosecute defendants for violating the terms and conditions of a foreign order,
even if Pennsylvania does not offer the same terms and relief. 27
þ
Prosecute the defendant according to Pennsylvania law, not the law of the issuing
court. The jurisdiction enforcing the order determines:
• How the order is enforced
• The arrest authority of responding law enforcement
• Detention and victim notification of release
• Penalties or sanction for violations of the order28
þ
Refer the victim to a local domestic violence program.
þ
Comply with full faith and credit at every stage in the proceedings
• Charging
o Charge the defendant with any appropriate Pennsylvania crimes.
o Refer the case to federal prosecutors if federal crimes occurred.
o Verify conditions of the protection order with the issuing court.29
• Preliminary Arraignment or Bail Hearing
o Explain defendant’s risk factors to the court to substantiate a request for high
bail or conditions on release.
o Check past criminal history, protection order violations and other domestic
violence related offenses to update the court.
o Identify the defendant as a flight risk because of his or her willingness to travel
across jurisdictional lines to violate the protection order.
o Provide the victim with information and support.30
• Trial
o Present evidence of the order’s enforceability, including service and hearing
requirements.
o Obtain necessary records from the issuing court.31
• Sentencing
o Seek sentences that promote victim safety and offender accountability.
o Inform the court of defendant’s prior crimes against the victim.
o Permit the victim to make an impact statement and request specific protections
and restitution.32
• Post-Sentence Follow Up
o Inform the issuing court of the final disposition of the criminal or indirect criminal
contempt trial.
o Notify the victim prior to defendant’s release from incarceration.
o Advise the victim of legal options for additional protection.
o Provide the victim with copies of any and all orders, including probation or
parole conditions.33
Pennsylvania Coalition Against Domestic Violence u 1-888-235-3425 u www.pcadv.org u November 2013 Page 5 of 7
Page 6
LAW ENFORCEMENT
Law enforcement officers who follow these four basic principles for enforcing a foreign protection
order will be fully compliant with state and federal Full Faith and Credit requirements:
þ
Enforce foreign protection orders, even if the foreign order is not registered or filed
in Pennsylvania or contains terms and relief that are not in the PFA Act.34
þ
Comply with all Pennsylvania laws, policies and procedures when enforcing a
violation of a foreign protection order.
þ
Assess whether the offender engaged in other crimes such as assault, stalking,
terroristic threats, trespassing and harassment, and charge the offender
accordingly.35
þ
Refer the victim to the local domestic violence program.36
ADVOCATES
Advocates must understand full faith and credit to assist victims to enforce their
orders. Advocates should use these four basic principles when assisting victims with a foreign
protection order:
þ
Develop a safety plan with the victim.
þ
Advise the victim of the increased risks involved when abusers pursue or stalk
them across jurisdictional lines.
þ
Discuss the advantages and disadvantages of registering the foreign order with the
court in the victim’s new location.
þ
Provide the victim with information about protection order enforcement, such as
the location and phone number of the local police department, legal assistance
providers, and court personnel.
þ
Refer the victim to the local victim/witness program to receive prior notification of
defendant’s release from incarceration and other assistance.
CONTACT PCADV FOR MORE INFORMATION
PCADV provides technical assistance regarding the Full Faith and Credit provision of the Violence
Against Women Act. If you have any questions or would like more information about Full Faith and
Credit please contact the PCADV Legal Department at 1-888-235-3425.
"This project was supported by subgrant 23860 awarded by the state administering office for the STOP Formula Grant Program. The
opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not
necessarily reflect the views of the state or the U.S. Department of Justice, Office on Violence Against Women.”
Pennsylvania Coalition Against Domestic Violence u 1-888-235-3425 u www.pcadv.org u November 2013 Page 6 of 7
Page 7
Nat’l Ctr. on Protection Orders and Full Faith & Credit, Battered Women’s Justice Project, Protecting Victims of
Domestic Violence: A Law Enforcement Officer’s Guide To Enforcing Protection Orders Nationwide [hereinafter Law
Enforcement], available at http://www.bwjp.org/files/bwjp/articles/LawEnforcement_031411_Web.pdf.
2 18 U.S.C. § 2266 (5)(A).
3 18 U.S.C. § 2266 (5)(B).
4 18 U.S.C. § 2265 (b)(2).
5 18 U.S.C. § 2265 (c).
6 Id. A protection order issued by a state, tribal, or territorial 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.
Id.
7 18 U.S.C. § 2265 (d)(1).
8 A jurisdiction may share court-generated or law enforcement generated information contained in secure,
governmental registries for protection order enforcement purposes like Pennsylvania’s Protection From Abuse
Database (PFAD).
9 18 U.S.C. § 2265 (d)(3).
10 23 Pa. C.S. § 6105 (h)(1).
11 23 Pa. C.S. § 6102 (a).
12 23 Pa. C.S. § 6105 (h)(2).
13 23 Pa. C.S. § 6113 (a).
14 23 Pa. C.S. § 6105 (i).
15 Nat’l Ctr. on Protection Orders and Full Faith & Credit, Battered Women’s Justice Project, A Prosecutor’s Guide To
Full Faith & Credit For Protection Orders: Protecting Victims of Domestic Violence, 8 [hereinafter Prosecutor’s Guide]
available at http://www.bwjp.org/files/bwjp/files/New_Prosecutor_031411_Web.pdf
16 Id. at 8.
17 23 Pa. C.S. § 6104 (c).
18 Nat’l Council of Juvenile and Family Court Judges, Full Faith and Credit: A Passport to Safety, A Judge’s Guide, at
Issuing Card Side 2 [hereinafter Passport to Safety] (2011) available at http://www.ncjfcj.org/sites/default/files/apassport-to-safety.pdf.
19 Id.
20 Id.
21 Id. at Enforcing Card Side 1.
22 Id.
23 23 Pa. C.S. § 6114
24 23 Pa. C.S. § 6114 (a.1)
25 Passport to Safety, supra note 18, at Enforcing Card Side 2.
26 23 Pa. C.S. § 6104 (d)(3)
27 Law Enforcement, supra note 1, at 3.
28 Prosecutor’s Guide, supra note 15, at 6-7.
29 Id. at 10-11.
30 Id. at 11-13.
31 Id. at 13.
32 Id. at 13-14.
33 Id. at 14.
34 Law Enforcement, supra note 1, at 5.
35 Id.
36 For a list of local domestic violence programs go to http://www.pcadv.org/Find-Help/
1
Pennsylvania Coalition Against Domestic Violence u 1-888-235-3425 u www.pcadv.org u November 2013 Page 7 of 7