Fighting A Restraining Order Across State Lines

Different states in America have different laws regarding restraining orders

, and their enforcement. If you're fighting a restraining order across state lines, it's important to know various facts so that you have the best chance of rescinding the order against you.

Basically, whether you are in a different state to the plaintiff or not, every state in America has laws protecting its citizens from ongoing abuse or violence coming from others. However, the relevant jurisdiction is the court in the county where you live. In other words, if your ex decides to file a phony restraining order as part of a custody battle, she has to file it with your state's court - not hers. If you're not sure where this is, it will be the law courts of the "county seat" city of your home state; in larger states, it may also be of the county "branch courts".

She will register the complaint by either filling in paper forms available from that court, posting forms downloaded from their website, or instructing a lawyer to do this on her behalf. Once the paperwork is filed, she will be invited to attend a preliminary "ex parte" court hearing to confirm the information provided, where a temporary restraining order (often called an "ex parte order") is granted against you. Two copies of this paperwork will be distributed to the relevant police departments, i.e. the one local to where you live, and the one near her residence.

That's the point when your paperwork is served to you, and you can begin fighting the restraining order by preparing for the second court hearing. You will be required to attend the second court session, and it's vital that you get your defense communicated well, because that's the day a judge will decide if the allegations have merit. If they do, or you can't produce enough evidence in your defense, you're looking at a permanent restraining order.

Once an order has been granted in your home state, it is enforceable anywhere in America under the 'Full Faith and Credit Clause' of the US Constitution. It can be registered in her state by making the order go live on the national law enforcement database, the National Crime Information Center registry (NCIC). This is a nation-wide, electronic database which is available to all law enforcement agencies (that's what causes extra checks at customs, or employers, if they see the black mark against your name during a background check on the system).

by: Adam J. Jenkins

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