A restraining order prohibits the person named in it from engaging in certain behaviors or contacting the victim in any way. But the big question is: are restraining orders enforceable in other states? In today’s blog post, we provide an answer.
Are Restraining Orders Enforceable in Other States?
The answer to the question “Are Restraining Orders Enforceable in Other States?” is “it depends.”
In theory, the answer is yes. However, there are some practical issues you need to keep in mind.
Under the federal Violence Against Women Act (or “VAWA”), states and tribes must provide full faith and credit to qualifying protective orders of each other’s courts. In other words, they are required enforce each other’s orders as if they were the order of the enforcing state or tribe.
In practice, however, things can be more complex.
Under VAWA, a protection order must meet the following conditions to be eligible for full faith and credit in other states:
- The order was entered pursuant to a complaint, petition, or motion filed by (or on behalf of) a person seeking protection.
- The court that issued the order had personal jurisdiction over the parties and subject matter jurisdiction over the case.
- The person against whom the order was issued must have had notice and an opportunity to be heard related to the allegations of abuse and the relief sought.
Additionally, VAWA legislation applies only to certain types of relationships, including spouses or former spouses, or a person who lives or has lived with the person seeking protection (for example, the partners in a romantic relationship).
Wrapping It Up
Restraining orders are legal orders designed to protect individuals who have experienced abuse, harassment, or stalking. Though restraining orders are enforceable in other states, some requirements must be met in order to ensure that due process is observed.
Disclaimer: This blog post provides general information about domestic abuse. It does not provide legal advice. Victims should consult with a legal professional for advice related to their specific situation.
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