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Enforcing restraining orders in other states

On Behalf of | Apr 7, 2015 | Domestic Violence

Moving to a new state may result be difficult in many cases, but those who have a domestic violence restraining order might have additional worries as they could wonder if a DVRO issued in California is enforceable in other states. Any valid DVRO must be enforced even if it is out-of-state because of the federal “full faith and credit” clause, which means that states must respect the decisions made in other states.

A DVRO must meet certain criteria to classify as valid under federal law. First, the court that issued an order must have had jurisdiction and the authority to hear the case. The order must be issued to prevent someone from contacting or coming near a person, or the order must protect against harassment, threats or sexual violence. Additionally, an abuser must have been given the chance to tell their side of the story in court whether they showed up or not.

In matters with emergency or ex parte temporary orders, a hearing must be scheduled to give the other party a chance to respond within a reasonable amount of time from when the order is issued. If this and the other applicable criteria for a valid DVRO are met, then the order can be enforced in other states.

Domestic violence is a serious issue, and those that were abused or threatened have legal protection under the law. When wanting a restraining order or making changes to an existing order, one may need to contact an attorney for assistance. Legal assistance might be especially useful in situations that involve domestic abuse and the custody of a child.