Do You Have a Restraining Order That Was Issued in Another State?

If you have a restraining order from another state, is it enforceable in California? Will you need a new restraining order? In Southern California, if you need a restraining order or if you need legal help related to a restraining order, contact an Orange County restraining order lawyer at once.

When someone is being threatened, stalked, or harassed, a restraining order offers that person quick legal protection. When a court issues a restraining order on your behalf, that restraining order legally prohibits a specific individual from harassing, abusing, stalking, or threatening you.

Which Restraining Orders Are Enforceable in This State?

The State of California will honor and enforce your restraining order issued in another state, provided that:

  1. The out-of-state restraining order was issued to protect you from threats or acts of violence, stalking, or harassment, or the order was issued to prevent someone from confronting or contacting you or even coming near you.
  2. The out-of-state restraining order was issued by a court that had jurisdiction and the authority to hear the case and issue the order.
  3. The alleged abuser who is named in the out-of-state restraining order has received notice of the order and has been given the opportunity to tell his or her side of the story to a court.

A restraining order that has been issued by a court in another state may be enforced by both judges and law enforcement officers in the State of California.

How Can You Prove That You Have an Out-of-State Restraining Order?

A California law enforcement officer may immediately enforce a restraining order issued in a different state if you have a copy of the order and the officer believes that the order is valid. Keep a copy of the restraining order with you so that you can present it to the police if necessary.

If you do not have a copy of the order with you, the police will have to rely on the National Crime Information Center Protection Order File, an electronic, national database that holds information about restraining orders issued in every state and territory of the United States.

However, some jurisdictions do not routinely enter restraining orders into this national database, so it is still best to have your own copy. If you no longer possess a copy of your original restraining order, contact the court that issued it and ask how you can obtain another copy.

Why Should You Register Your Out-of-State Restraining Order?

It is not required by California law, but it’s a good idea to register your out-of-state restraining order. Let an Orange County domestic violence attorney prepare the required legal paperwork and register your out-of-state restraining order with the California court system.

If your out-of-state restraining order is not registered with the California court system, a California police officer may be unable to determine immediately if the order is valid, and enforcement of the restraining order could be delayed.

As soon as your out-of-state restraining order has been registered with the State of California, it is entered into this state’s Domestic Violence Restraining Order database, which makes the restraining order immediately accessible to law enforcement officers throughout the state.

Can Your Out-of-State Restraining Order Be Modified in California?

In most cases, only the state that issues a restraining order can modify, extend, or rescind that order. You will almost certainly have to go back to the court that issued the restraining order to request its modification, extension, or cancellation.

However, most courts will allow you to “attend” a restraining order hearing online or by phone without having to return to the state where the order was issued. An Orange County restraining order lawyer can advise you and help you make the arrangements for such a hearing.

If your out-of-state restraining order expires while you are residing in California, you may petition a California court to issue a new order, but a new restraining order may be difficult to obtain if no new abuse or harassment incidents have happened in California.

How Are Out-of-State Child Custody Orders Handled?

California will enforce a temporary child custody order if it is part of an out-of-state restraining order. You may also register an out-of-state custody order with the California courts. An Orange County domestic violence attorney can prepare and file the legal paperwork on your behalf.

Out-of-state child custody orders that are registered in California are enforced as if they were issued by California courts. However, the child’s other parent will be informed of the registration and will have an opportunity to contest the registration of the custody order in California.

How Are Restraining Order Violations Penalized?

Restraining order violations are usually charged as misdemeanors in California. However, if someone has a previous criminal conviction for the violation of a restraining order, and if a subsequent violation involves violence of any kind, the perpetrator may face a felony charge.

Most restraining orders issued by the courts in California also prohibit the restrained individual from buying, possessing, or owning a firearm during the time that the restraining order is in effect. Any violation of the firearm prohibition may also be charged as a felony.

Let the Law Office of Patrick O’Kennedy Provide the Legal Help You Need

If you need a court to issue a restraining order in Southern California, if you need to register an out-of-state restraining order, or if you need to have an out-of-state restraining order enforced in this state, contact the Law Office of Patrick O’Kennedy immediately.

Attorney Patrick O’Kennedy is well-known in the Orange County legal community for effective and aggressive client representation. If you need a restraining order, or if you need to enforce an out-of-state restraining order, he can see to it that you have full legal protection.

The Law Office of Patrick O’Kennedy also handles divorce and divorce-related cases for clients across Southern California. If you need to obtain a restraining order or have a restraining order registered or enforced, call the Law Office of Patrick O’Kennedy immediately at 714-701-6356.