Restraining Orders Across State lines
After gaining a restraining order, many people choose to start fresh in a new state. Is the restraining order applicable to the new surroundings? According to the federal Violence Against Women Act (1994) (abbreviated as VAWA) restraining orders are enforced across state lines with “full faith and credit.” Additionally, despite the title of the law and portions of its text, male victims are afforded the same protections.
Keep in mind that state laws and punishments for violations of restraining orders differ. Each state treats violations of out-of-state restraining order violations in the same way it treats its own in-state violations. Be aware of the specifics of the law in the state you live if you are travelling or living in a different state. A conversation with legal representation or local police can go a long way towards heading off problems.
Restraining orders are valid throughout the United States under VAWA if the court issuing the restraining order had proper juris diction to hear the case, the defendant was notified and had the chance to tell their story in court, and the restraining order was filed to prevent violence, harassment, sexual crimes or it was issued to prevent contact from another person. The same is true for ex parte restraining orders, also known as emergency restraining orders.
It is necessary to register the restraining order in the county of your new residence so that the local police department is aware of it. This can be discussed with local police or the local court system.
Can I file a restraining order against an abuser that lives across state lines?
You can file for a restraining order against someone in another state, but they must have a significant connection to the state in which you are filling. This might mean that they work in this state, that they have a history of abusing you in this state or that they travel frequently to the state for some other reason. Additionally, if the abuser is served the court petition while they happen to be in the relevant state, the court automatically gains juris diction.
If you cannot get a restraining order in your state against an out-of-state party, you can still request one in the state where the other party lives.
If you need help filing for a restraining order across state lines or ensuring that one is enforced, do not hesitate to pursue a consultation with qualified legal representation.
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