Can a domestic violence victim get a federal protection order?

What the Law Says

Federal law does not authorize U.S. district courts to issue civil protection orders for domestic violence victims. Instead, 18 U.S.C. § 2261 is a criminal statute that makes it a federal crime to cross state lines to commit domestic violence or to violate a valid protection order.

The Violence Against Women Act (VAWA) does not create a federal civil remedy for obtaining a protection order. While VAWA strengthens enforcement and coordination across jurisdictions, it leaves the issuance of civil protection orders to state, tribal, and territorial courts — not federal courts.

18 U.S.C. § 2261 applies only when domestic violence involves interstate travel or violates a pre-existing protection order issued by a state, tribal, or territorial court. It does not empower federal judges to issue new protective orders.

Victims seeking immediate safety must file for a protection order in their local state or tribal court — where judges have authority to issue emergency, temporary, and permanent orders based on state or tribal law.

Statutory Text

Whoever travels in interstate or foreign commerce... with the intent to kill, injure, harass, or intimidate a spouse, intimate partner, or dating partner, and who, in the course of or as a result of such travel, engages in conduct that causes such spouse, intimate partner, or dating partner to suffer bodily injury, shall be punished...

— 18 U.S.C. § 2261(a)(1) — Interstate domestic violence

Statutory Text

Whoever violates a protection order... that was issued for the purpose of preventing violent or threatening acts... and that is in effect at the time of the offense, shall be punished...

— 18 U.S.C. § 2261(a)(2) — Violation of protection order

What to Do

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