Illinois Domestic Violence 24 Hour Helpline For Survivors in Illinois 877-863-6338

National Domestic Violence Hotline/Linea Nacional Sobre La Violencia Domestica: 1-800-799-SAFE (7233)
TTY For The Deaf/TTY para los Sordos: 1-800-787-3224

Safety Alert for Battered Women: Computer use can be monitored and it is impossible to completely clear information viewed on the Internet from your computer. If you are in danger, please use a safer computer, call your local hotline, and/or call the National Domestic Violence Hotline. If you are at a safer computer, please click here for more information on using computers more safely.

Enforcing Orders of Protection Between States (Full Faith and Credit)

When Victims cross state lines to work, travel, or relocate, they can find themselves in danger of being pursued by the Abusers. This is the reason the 1996 Federal Violence Against Women's Act established nationwide enforcement of Orders of Protection.

Under the Federal Violence Against Women Act (VAWA), all jurisdictions are required to give Full Faith and Credit to valid Protection Orders issued by other jurisdictions.

The law states: "Any Protection Order issued that is consistent with subsection (b) of this section by the court of one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe (the enforcing State of Indian tribe) and enforced as if it were the order of the enforcing State or tribe." 18 U.S.C. §2265 (Title 18, United States Code, Section 2265)

Now available online from MINCAVA Survivor Brochure:  "Increasing your Safety:  Full Faith and Credit for Protection Orders"  http://www.vaw.umn.edu/FinalDocuments/survivorbrochure.pdf

Frequently Asked Questions Regarding Full Faith and Credit:

What is Full Faith and Credit?

What does this Mean for a Victim?

What does this Mean to the Abuser?

Which State's laws apply when seeking Protection and Enforcement of an Illinois Order of Protection?

What should an Illinois Victim with an Illinois Order of Protection do before Fleeing to Another State?

Resources Available for more Information Regarding Full Faith and Credit

Protecting Victims of Domestic Violence: A Law Enforcement Officer's Guide to Enforcing Orders of Protection Nationwide

An Advocate's Guide to Full Faith and Credit for Orders of Protection: Assisting Victims of Domestic Violence

Go to Order of Protection in Illinois Civil Count sub page

Go to Frequently Asked Questions sub page

Go to Criminal Court and Prosecution of Domestic Violence Crimes sub page

 


 

What is Full Faith and Credit?

Full Faith and Credit helps to protect Victims by requiring the Criminal Justice System, including Law Enforcement, to enforce Orders of Protection throughout the country.

Full Faith and Credit means a valid Order of Protection is enforceable where it is issued and in all other jurisdictions including all 50 states, Indian Tribal Lands, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, American Samoa, the Northern Mariana Islands, and Guam. Full Faith and Credit is a legal term that means all jurisdictions must honor and enforce orders issued by courts in other jurisdictions.

 

Back to Questions

 


What does this Mean for a Victim?

Full Faith and Credit enables Victims to call upon the Courts and Law Enforcement officers to enforce their Illinois Orders of Protection no matter where they are in the United States and its territories.

Back to Questions

 


What does this Mean to the Abuser?

Full Faith and Credit requires the Courts and Law Enforcement officers throughout the United States to treat an Illinois Order of Protection as if it were issued in their own jurisdiction. Therefore, if the Abuser violates an Illinois Order of Protection in another State, he may be subject to arrest and prosecution in the State or U.S. territories where the violation occurs.

Back to Questions

 


Which State's laws apply when seeking Protection and Enforcement of an Illinois Order of Protection?

The laws of the State where the Order of Protection was issued determines the following issues:

  • Who is protected
  • The terms and conditions of the Order
  • How long the Order is in effect

So, if an Illinois Victim leaves Illinois to flee the Abuser, and then goes to State "B," her Illinois Order of Protection is entitled to enforcement in State "B". (This is true even if she would not have been eligible to ask for an Order in State "B", because Illinois determined she was eligible for the Order. State "B," therefore, must enforce the Illinois Order of Protection.)

The laws of the State where the Order of Protection is to be enforced determines these issues:

  • How the Order is to be enforced
  • The arrest authority of responding Law Enforcement officers
  • Detention and notification procedures
  • Penalties or sanctions for violations of the Order of Protection

In the example above, the laws in State "B" determine the enforcement, arrest authority, penalties, etc. for violating the Illinois Order of Protection. Law Enforcement officers are required to enforce any valid out of State Order of Protection in the same manner they would enforce their own State's Orders. 

Back to Questions

 


What should an Illinois Victim with an Illinois Order of Protection do before Fleeing to Another State?

Before leaving Illinois, the Victim should be certain she follows these guidelines:

Back to Questions

 


Resources Available for more Information Regarding Full Faith and Credit

Read more information about Full Faith and Credit in the Illinois Coalition Against Domestic Violence Act Booklet.

For Additional Information and Technical Assistance related to Full Faith and Credit issues, contact:

Full Faith and Credit Project : (800) 256-5883

Battered Women's Justice Project (Civil): (800) 903-0111, ext. 2

Battered Women's Justice Project (Criminal): (800) 903-0111, ext. 1

International Association of Chiefs of Police : (800) 843-4227
http://www.theiacp.org

Illinois State Police Order of Protection Registry
(217) 524-1711 or (217) 785-4838

Back to Questions

 


Protecting Victims of Domestic Violence: A Law Enforcement Officer's Guide to Enforcing Orders of Protection Nationwide

The International Association of Chiefs of Police, in collaboration with the Violence Against Women Grants Office, Office of Justice Programs, and U.S. Department of Justice, has published a resource booklet entitled "Protecting Victims of Domestic Violence: A Law Enforcement Officer's Guide to Enforcing Orders of Protection Nationwide."

This booklet is a great resource for answering common questions Law Officers have regarding this issue!

This resource booklet is available on the Internet in downloadable format. Click here to access the Adobe Acrobat (pdf) version of the booklet. Or, click here to view the booklet's text

Back to Questions

 


An Advocate's Guide to Full Faith and Credit for Orders of Protection:  Assisting Victims of Domestic Violence

This resource booklet is a product of a collaborated effort by the Violence Against Women Office, Office of Justice Programs, U.S. Department of Justice, and the Full Faith and Credit Project of the Pennsylvania Coalition Against Domestic Violence.

This is a great booklet for Advocates, Victims and their attorneys to answer frequently asked questions!

A free copy of this publication is available by contacting:

Full Faith and Credit Project
1-800-256-5883

http://www.pcadv.org
Click on "Resources" and scroll down to "Full Faith and Credit Brochure."



Back to Questions

 


Go to Order of Protection in Illinois Civil Count sub page

Go to Frequently Asked Questions sub page


Go to Criminal Court and Prosecution of Domestic Violence Crimes sub page