An out-of-state restraining order is a restraining order that has been issued by a court in another state. The question is whether a restraining order can only be enforced in the state in which it is issued or whether it can be enforced in other states as well.
Generally, if a restraining order is valid in the state in which it was issued, it is also valid in California and could be enforced in California. A person would be able to learn more about out-of-state restraining orders in a California lawyer consultation.
A restraining order is an order that a court issues directing a named person to do or not do a certain thing. Most restraining orders direct a named individual to do the following:
- Not contact the person who sought the order
- Stay away from the person who sought the order.
Some restraining orders can order a person to move out of a residence.
The Full Faith and Credit Clause of the U.S. Constitution requires certain legal rulings from courts in one state to be honored in all other states. This includes restraining orders.
Many orders are domestic violence restraining orders. An individual who is the victim of domestic violence seeks an order to keep their abuser away from them, their residence and their place of employment. On some occasions, domestic violence may involve elder abuse. A person would want to consult a California family lawyer who could help them obtain a restraining order, if domestic violence is an issue in their home.
They may first go to court to obtain a temporary restraining order. A court may issue a temporary restraining order quickly, because it is only temporary. The restrained person has to comply with the order until there is a court hearing.
A person who seeks a restraining order would then apply for a permanent restraining order. This would require the applicant to give notice of a court hearing on the application to the person who is to be restrained by the order. That person would have a right to appear in court and oppose issuance of the order.
In California, after holding a hearing in court, a judge can issue a “restraining order after hearing” that can have effect for as long as 5 years in California. In California, if there is no termination date on the order, the order will last 3 years from the date it was issued.
Violations of restraining orders can be charged as misdemeanor criminal violations in California. If it is not a first violation and it involves violence of any sort, the restrained person may be charged with a felony.
Do Restraining Orders Stay Valid When You Travel to California or Another State?
Judges and law enforcement in California enforce restraining orders issued in another state, under the following circumstances:
- The out-of-state restraining order was issued to protect the person seeking enforcement from threats or acts of violence, stalking, or harassment, or
- The order was issued to prevent someone from contacting or coming near the person seeking enforcement.
The out-of-state restraining order must have been issued by a court that had jurisdiction and the authority to hear the case and issue the order. The alleged abuser, who is named in the out-of-state restraining order, must have been given notice of the fact that the order was issued. In addition, the alleged abuser must have had the opportunity to appear in court and argue against the issuance of the order.
A valid restraining order that has been issued by a court in another state may be enforced by both judges and law enforcement officers in California under certain circumstances.
How Does California Enforce an Out-Of-State Restraining Order?
California law does not require it, but a person can register an out-of-state restraining order in a California court. A person may want to have the help of a California lawyer in preparing the paperwork that is required and getting the out-of-state restraining order registered with the court system in California. A California lawyer could also determine if the restraining order has been entered into the National Crime Information Center Protection Order File.
If it is in this database, it can help ensure that California law enforcement can enforce the order, because they can quickly determine that it is valid.
If the out-of-state restraining order is not registered in the California court system, a California police officer may not be able to enforce it, because they would not be able to determine whether it is valid. The police officer would have to take other steps to determine the validity of the order, and this could delay enforcement of the restraining order.
However, registering an out-of-state restraining order can speed up enforcement. As soon as a person’s out-of-state restraining order has been registered with the State of California, it is entered into California’s Domestic Violence Restraining Order database, which makes the restraining order immediately accessible to law enforcement officers throughout the state.
A California law enforcement officer may also immediately enforce an out-of-state restraining order if the person who seeks enforcement has a copy of the order and, again, if the officer believes that the order is valid. A person who has a restraining order should keep a copy of it with them so they can seek enforcement by the police if it becomes necessary.
If the person who seeks enforcement does not have a copy of their order, the police can turn to the National Crime Information Center Protection Order File, as noted above. This is a national database that is available online. It contains information about restraining orders that have been issued in all 50 states and the territories of the U.S.
Unfortunately, some states do not always enter restraining orders into this database. This is a compelling reason to register an out-of-state order with the State of California. This ensures that it is entered into California’s Domestic Violence Restraining Order database.
As noted above, a person who has a restraining order should still keep their own copy handy in a known safe location where they can gain access to it promptly, if they need it. If a person should misplace their restraining order, they can always contact the court that issued it and request another copy.
Can a Restraining Order Require Someone to Move in California?
A restraining order in California can order a person to move out of a residence. This may happen in a case that involves domestic violence or elder abuse. Such an order would direct the restrained individual to vacate a residence that they share with their victim or an abused elderly individual. Of course, these orders are designed to protect the victim from harm.
An order that directs a person to leave a residence may include further directions to the restrained individual not to contact the victim or come near them.
In addition to seeking enforcement of an out-of-state restraining order, a person may always seek a restraining order in California. It may not always be possible if the individual to be restrained lives in another state. However, if the individual to be restrained has some legal connection with the state of California, it may be possible. This is an issue that a person would want to discuss with a California family lawyer.
Do I Need a California Lawyer if I’m Moving or Traveling with a Restraining Order?
If you hope to enforce an out-of-state restraining order in California, you want to consult a California family lawyer or a California criminal defense lawyer. Either of these lawyers may be able to review the order you have and determine whether it can be enforced in California.
They may guide you through the process of registration. Or, if you need to get a California restraining order, they can review your situation and help you determine whether you can get a California order. Obtaining a restraining order can become complicated, and a California family lawyer or criminal defense lawyer can help you get the enforcement of the order that you need for your protection.
