In the state of California, a Domestic Violence Restraining Order is a civil court order signed by a judge that protects you from abuse by anyone you have a close relationship with. The order informs the abuser to stop the abuse or face serious legal consequences.
If you are planning to be in California for any given reason or are planning to move to California, your out-of-state domestic violence restraining order may be enforced under certain requirements.
Check-list for getting your out-of-state protection order enforced in California:
- Order was issued to forbid contact or communication with another person, or it was issued to prevent threatening, harassing, or violent behavior against another person
- The court that issued the order has the authority to hear the case
- The abuser got notice of the order and had a chance to go to court to express his or her side of the story
Only the state that issued your out-of-state restraining order can change, extend, or cancel the protection order. You will have to file a motion or petition in the court where the order was issued if you want to modify your restraining order. You can request that you attend the court hearing via telephone, rather than in person, so that you do not need to return to the state where your abuser is living.
If your out-of-state restraining order happens to expire while you are living in California, you may be able to get a new one issued in California. However, this may be difficult to do if there have not been any new incidences of abuse in California.
In some cases, the court that issued your order may tell California that the order has changed or is invalid. If this happens, you should contact a lawyer or domestic violence organization in your area. Also contact the court that issued your order to discover why it has changed or is no longer valid.
You need a skilled domestic violence attorney to examine your out-of-state restraining order and assist you with any issue regarding the document meeting the legal standard. Wallin & Klarich’s Orange County Domestic Violence Attorneys have the legal expertise and understanding to help you with maintaining the validity of your out-of-state order. Family law is a complex area and it takes someone with intimate knowledge of the law and experience navigating local courts to get you the best possible result in your case. Contact our Los Angeles restraining order attorneys today at 888-280-6839 for a free consultation.
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