|
On December 2, 2002,
the President signed into law H.R. 5590 which requires military
installations to give full faith and credit to orders of protection
issued by civilian courts. It also references 18 U.S.C. §2266(5)
for the definition of protection order, which is part of the federal
full faith and credit mandate. Specifically Public Law 107-311
amends Chapter 80 of title 10, U.S. Code by inserting a new section,
§1561a after §1561. The new section requires every military
installation to give the same force and effect to a civilian order of
protection as it has within the jurisdiction that issued such order.
The law also calls on the Secretary of Defense to promulgate
regulations to carry out §1561a. It is unclear how violations
will be treated, but the law suggests they are to be treated in
accordance with the laws of the state issuing them, since the military
does not have its own laws for punishing violations of orders of
protection. In this sense it will be different than the usual
full faith and credit mandate, as violations on base of protective
orders from different states could yield different punitive sanctions
based on which state issued the order.
|