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Summer 2003

The Armed Forces Domestic Security Act
Excerpted from Domestic Violence Report, April/May 2003

(vol. 8, no. 4), p. 56

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. 

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