Out-Of-State Restraining Orders in New York

An out-of-state restraining order is a restraining order that has been issued by a court in a state other than New York state. An individual who has a restraining order may want to know if their restraining order can be enforced only 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 New York and all other states as well. It can be enforced in New York. A person would be able to learn more about out-of-state restraining orders in a New York 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 an individual named in the order to do the following:

• Not contact the person who sought the order
• To stay away from the person who has obtained the order from a court.

Some restraining orders can order a person to move out of a residence. A New York lawyer can advise a person about when a restraining order would help them and could guide them in obtaining one in New York.

The Full Faith and Credit Clause of the Constitution of the United States requires that all states honor certain legal rulings made by courts of only one state. The definition of “legal rulings” includes restraining orders. This means that restraining orders issued by a court in one state must be honored in all other states.

Many restraining 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.

Sometimes, domestic violence involves elder abuse. A person would want to consult a New York family lawyer who could help them obtain a restraining order, if domestic violence is an issue in their home.

First they may first go to court asking the court to issue a temporary restraining order. A court may issue a temporary restraining order quickly and without a hearing at which the person restrained can appear, 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 person who seeks the order to give notice of a court hearing on the application to the person who is to be restrained by the order. Notice must be given because the person to be restrained permanently has a right to appear in court and oppose issuance of the order.

In New York, after holding a hearing in court, a judge can issue a “restraining order after hearing” that can have effect for as long as 2 years. However, a court can make it last for as long as 5 years in certain circumstances, e.g., weapons have been involved.

Violations of restraining orders can be charged as misdemeanor criminal violations in New York. 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 New York or Another State?

As noted above, the Constitution directs all states, including New York, to enforce an out-of-state protection, or restraining, order. The New York Family Court Act also directs New York courts to enforce valid protection or restraining orders, whether temporary or permanent, issued in another state.

New York courts should enforce them just as if they had been issued by a New York court. The person who is protected by the order does not have to be entered into any state or federal registry in order to be enforced by a New York police officer. However, the officer does have to believe that the order is a real, or valid, order.

How Does New York Enforce an Out-Of-State Restraining Order?

Law enforcement agencies in the U.S. all have access to the National Crime Information Center Registry (NCIC). This is an electronic database that is managed by the FBI and state law enforcement agencies.

It is very likely that a state that issues a person’s restraining order may have entered their order into the NCIC. If it has not been entered already, when the order is registered in New York, it is entered into the NCIC. A person may wish to know that most law enforcement officials have access to the NCIC; however, the information is encrypted so people outside of law enforcement are not able to access it.

To register an out-of-state restraining order in New York, an individual needs to take a certified copy of their order and their identification to the clerk of the petitions division of the New York family court in the county in which they live.

The individual must sign a sworn statement stating that they believe the order to be valid and that it has not been either vacated or modified. The clerk of the court then either enters the order into the New York computerized registry, or they may send it to the registry center to be entered.

A person who needs help registering their protection order can contact a New York family lawyer.

Can a Restraining Order Require Someone To Move in New York?

A restraining order in New York can order a person to move out of a residence. A court may issue such an order 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. Of course, these orders are designed to keep the victim of abuse safe and free from harm and harassment.

An order that directs a person to leave a residence may include additional directions to the restrained individual not to contact the victim or come near them. A court may also order the restrained individual to surrender any weapons they own to the court.

In addition to seeking enforcement of an out-of-state restraining order, a person may always seek a restraining order in New York. 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 New York, it may be possible. This is an issue that a person would want to talk about with a New York family lawyer.

Do I Need a New York Lawyer if I’m Moving or Traveling With a Restraining Order?

If you have a restraining order and plan to move to or travel in New York, you want to talk to a New York family lawyer and a New York criminal defense lawyer. Your New York family lawyer will be able to help you get your restraining order registered so that if a law enforcement officer needs to enforce it, they will find it in the database and understand that it is valid and enforceable.

A New York criminal defense lawyer can advise you on how to work with law enforcement if you need to call on the police to enforce your order. They can advise you on how to work with the police so as to get the best response possible. They can also advise you on how to press charges against an abuser if that should become necessary.