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Enforcing Orders of Protection

NCJ Number
183867
Journal
Law Enforcement Technology Volume: 27 Issue: 6 Dated: June 2000 Pages: 70-74
Author(s)
Donna Rogers
Date Published
June 2000
Length
5 pages
Annotation
The Federal Violence Against Women Act of 1994 requires police in all States to give full faith and credit to valid protection orders from other jurisdictions; however, many police agencies are unaware of this mandate, which can result in potential liability for an agency that fails to enforce an order of protection.
Abstract
The law and the widespread use of protection orders for domestic assault and other crimes are both relatively new. Misconceptions exist about what actions require an arrest when presented with an out-of-state order of protection. The law defines protective order broadly to include violence, threats, harassment, and stalking. The perpetrator does not have to be an intimate partner. The law is silent on some issues; this silence results in ambiguities. The law applies to both criminal and civil orders of protection. The Pennsylvania Coalition Against Domestic Violence provides training and technical assistance to train police personnel and help police agencies establish uniform procedures. The International Association of Chiefs of Police has initiated a training program that focuses on full faith and credit. The National Protection Order File of the National Crime Information Center maintains databases from 28 States to aid verification. Overall, the law on full faith and credit seems sensible, although little case law exists to support the enforcement of these orders. Therefore, police agencies need to follow their own State laws and mesh it with the Federal law. Photograph and checklist