Many people believe a Florida no contact order loses its power when they cross state lines. If you're planning to relocate to another state while under a domestic violence no contact order, it's crucial to understand that these orders remain fully enforceable anywhere in the United States.
At Flaherty & Merrifield, our Fort Walton Beach domestic violence defense lawyer regularly helps clients understand their rights and responsibilities when moving out of state with an active protection order. Let’s explore how restraining orders work across state lines and what you need to know to stay in compliance.
Federal Law Protects Domestic Violence Victims Across State Lines
The Violence Against Women Act (VAWA) ensures that all valid protection orders, including Florida no contact orders, are enforced throughout the United States. This means if you have a no contact order from Florida, law enforcement in other states must treat it as if their own courts issued it.
For example, if someone with a Florida no contact order moves to Georgia, and their former partner follows and makes contact in violation of the order, Georgia police can arrest them just as Florida police would. The person violating the order could face criminal charges in Georgia, even though the original order came from Florida.
Understanding Interstate Violations and Penalties
Violating an injunction across state lines can result in both state and federal charges. Each state enforces violations according to its own laws, which may be more severe than Florida's penalties. Additionally, crossing state lines to commit domestic violence or violate a protection order is a federal offense under the Violence Against Women Act.
For instance, if someone under a Florida no contact order drives to Alabama to confront their former partner, they could face:
- Alabama state charges for violating a protection order
- Federal charges for interstate domestic violence
- Florida charges for the no contact order violation
- Potential federal stalking charges
The federal penalties alone can include years of imprisonment for first-time interstate violation of a protection order, with enhanced sentences if injuries or death occur.
Requirements to Enforce Interstate No Contact Orders
For your Florida protection order to be valid in other states, it must meet three basic requirements:
- The court that issued the order must have had proper jurisdiction over both parties. This means the Florida court had the authority to hear the case and issue the order.
- The person under the order must have received proper notice and had an opportunity to attend a hearing. Even if they chose not to appear, they must have been informed of their right to do so.
- The order must be designed to prevent threatening acts, harassment, or contact between parties.
Registering Your Order in a New State
While federal law makes registration optional, filing your Florida order with your new state's courts can speed up enforcement. Some states maintain protection order registries that give law enforcement immediate access to order details.
To register your order:
- Contact the local courthouse in your new area.
- Provide a certified copy of your Florida restraining order.
- Complete any local registration forms.
- Keep proof of registration with your other copies.
Your Florida order remains valid and enforceable even without registration. Registration simply helps local authorities respond more quickly to violations.
Electronic Contact and Social Media Violations
No contact orders extend to all forms of communication, including social media messages or comments, email contact, text messages, phone calls, third-party messages, and online tracking or harassment.
Courts increasingly recognize that digital harassment can cross state lines instantly. If someone under a Florida no contact order sends threatening Facebook messages to a protected person who moved to California, both Florida and California courts can enforce the violation.
Special Considerations for Military Personnel
Active military members face additional complications with interstate no contact orders. A Florida civilian protection order remains valid:
- On any military installation
- During deployment
- Across international borders
- During permanent change of station (PCS)
Military personnel should:
- Inform their command of existing orders
- Understand how orders interact with military protective orders (MPOs)
- Consider whether joint base jurisdiction affects enforcement
- Plan ahead for order modifications during deployment
Our firm regularly assists military service members from Eglin Air Force Base and Hurlburt Field with these unique circumstances.
Modifying No Contact Orders After Moving Out of State
Only the court that issued your original order can modify or terminate it. This means if circumstances change after you move and you want to adjust the terms of the order, you'll need to file a request with the Florida court.
For example, if you move to Texas and want to modify or lift your Florida no contact order, you must work through the Florida court system, not Texas courts. This often requires coordinating with your Fort Walton Beach domestic violence attorney to handle these matters on your behalf.
