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Advice on Bi State Restraining Orders - 12/26/2008 2:52:42 PM

CatdeMedici

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Can I get some guidance on taking out a restraining order across state lines? I need one from NC to New York? Any guidance is appreciated, thanks.

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RE: Advice on Bi State Restraining Orders - 12/26/2008 2:56:07 PM

CalifChick

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I'm not really sure what your question means. If you have a restraining order, it will say that the person has to stay a certain distance from you, your home, etc., and is enforceable throughout the US. So if you travel to another state for vacation, for instance, the person cannot follow you and approach you in that other state. Just take a copy of the restraining order with you.

Cali

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RE: Advice on Bi State Restraining Orders - 12/26/2008 2:57:18 PM

CatdeMedici

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Thanks Cali, I need to file the restraining order, do I file is here in NC?

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RE: Advice on Bi State Restraining Orders - 12/26/2008 3:14:39 PM

MmeGigs

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The first thing I'd do is contact the district court office where the restraining order is filed (NC?) and ask them for any information they can offer. Next, I'd contact the district court office in NY, in the district most likely to have to deal with enforcement of the order, and see what needs to be done.

Call rather than email. Get a name and contact phone number for whoever you speak with first thing - it's important info to refer back to and also gets the person's attention - and keep notes of your conversation. Court staff are busy. They're dealing with staff cuts and heavy workloads, so if there's stuff they need to follow up on (sending you forms, whatever) you may need to be a pest. Be as polite a pest as possible. You'll get more cooperation. Get their email address, and follow up via email.

There may be some kind of legal aid in NY that can help you to get your restraining order filed there, particularly if it's a family/partner thing. The district court folks should be able to tell you if there are resources available that can help you. If the person you're speaking with isn't helpful, ask to speak to their supervisor. If you still have no luck, contact the United Way in the area. They should be able to get you on the right trail.

(in reply to CatdeMedici)

Post #: 4

RE: Advice on Bi State Restraining Orders - 12/26/2008 3:20:51 PM

CalifChick

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You file wherever your main home is. For some states you can go online and get the correct forms to file. If you have ever had a personal relationship with this person, then you file a domestic violence restraining order (the definition of "personal relationship" may vary by state; it could mean that you lived with someone, married or not).

Here is some information that may be of help to you: http://www.womenslaw.org/laws_state_type.php?id=563&state_code=NC

When I filed for a restraining order, I went to a paralegal (in some states, you either have to do it yourself or hire an attorney; in others, you can use paralegals who are "form preparers"). The paralegal told me what the judges in our county wanted to see on an application for a restraining order and what they didn't want to see. For instance, they wanted to see recent activity (less than a month old), and at least two other instances of activity, UNLESS the person was arrested, in which case, the police should have filed the temporary restraining order. (Before anyone jumps on the word "filed", I think I'm using the wrong word, but in any case, if the person was arrested for domestic violence, the police should have moved on the temporary restraining order).

Cali

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RE: Advice on Bi State Restraining Orders - 12/26/2008 3:26:53 PM

CalifChick

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I was under the impression the OP was seeking to get a restraining order, not register one already in place. If that is the case, ignore the other stuff I said.

Cali

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RE: Advice on Bi State Restraining Orders - 12/26/2008 3:54:35 PM

CatdeMedici

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You are correct Cali, I need to take one out--your advice has been marvelously helpful, thank you so much.

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(in reply to CalifChick)

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RE: Advice on Bi State Restraining Orders - 12/26/2008 4:34:08 PM

Stephann

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From: Portland, OR
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A word of warning:

To my knowledge, a restraining order is issued by a judge from a specific state. That order is only effective and enforceable in that state; that is to say, if you have a restraining order against Bob Smith from the state of North Carolina, than when you cross into South Carolina (or Virginia, or New York) the order is no longer valid (as a North Carolina judge doesn't have the authority to dictate what happens in any other state.) If you are trying to get a restraining order against someone in another state, you'll have to file a request for a restraining order in that other state as well.

If this is probably a cyberstalker issue; honestly, you'll have much better luck getting your email and messenger IDs changed than you will getting a court order against someone several states away.

Stephan

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RE: Advice on Bi State Restraining Orders - 12/26/2008 4:50:09 PM

OrionTheWolf

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My slave took a copy of her restraining order issued in Georgia, to the Magistrate in Missouri. Filed the paperwork and within an hour had the judges signature on it, so that it was enforcable in Missouri. The Prosecutor here in Georgia told her it would be better, as the restraining order did cover other states as to whether it had been violated, but breaking it would have to be filed in Georgia and the warrant issued from Georgia. By having another in Missouri, it makes it easier for her to call the police, show the order and have her staler arrested if her stalker shows up in Missouri.

quote:

ORIGINAL: Stephann

A word of warning:

To my knowledge, a restraining order is issued by a judge from a specific state. That order is only effective and enforceable in that state; that is to say, if you have a restraining order against Bob Smith from the state of North Carolina, than when you cross into South Carolina (or Virginia, or New York) the order is no longer valid (as a North Carolina judge doesn't have the authority to dictate what happens in any other state.) If you are trying to get a restraining order against someone in another state, you'll have to file a request for a restraining order in that other state as well.

If this is probably a cyberstalker issue; honestly, you'll have much better luck getting your email and messenger IDs changed than you will getting a court order against someone several states away.

Stephan

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RE: Advice on Bi State Restraining Orders - 12/26/2008 5:12:14 PM

CalifChick

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There may be special rules for domestic violence restraining orders vs. non-dv orders (just as child custody orders and child support orders are enforceable throughout the US no matter which state issues it), I don't know, I'm not a lawyer. However, I do know that my order is enforceable in every state in the US, according to the documents I received.

In California, registering an out-of-state restraining order is optional, and it is still enforceable whether it is registered or not (according to the State of California's Judicial Council web page).

Charges do not have to be brought in the state of origin... charges are brought where the crime occurred.

Cali

_____________________________

AKA "The Undisputed Goddess of Sarcasm", "Big Bad Cali" and "Yum Bum". Advisor to the Subbie Mafia, founding member of the W.A.C. and the Judgmental Bitches Brigade, member of the Clan of the Scarlet O'Hair-a's and Team Troll

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RE: Advice on Bi State Restraining Orders - 12/26/2008 5:18:42 PM

CalifChick

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quote:

ORIGINAL: Stephann

To my knowledge, a restraining order is issued by a judge from a specific state. That order is only effective and enforceable in that state

I knew there was a term that covered this, I couldn't remember what it was. Here it is:

Under the federal Violence Against Women Act (VAWA), jurisdictions must give full faith and credit to valid orders of protection. Full faith and credit is a legal term that jurisdictions must honor and enforce orders issued by courts in other jurisdictions. For the order of protection to be valid, it must meet the following conditions:

The court that issued the order must have had personal jurisdiction over the parties and subject matter jurisdiction over the case
The respondent must have had notice and an opportunity to be heard. 18 U.S.C. §2265(b).

Full faith and credit helps to protect freedom of movement by requiring the justice system to enforce orders of protection throughout the country. If an abuser travels across state or tribal lines and violates a protection order, the abuser can be punished under the laws of the jurisdiction where the violation occurred and also may be charged with federal crimes.

Edited to add the source link: http://www.fullfaithandcredit.org/aboutffc.asp

Cali

< Message edited by CalifChick -- 12/26/2008 5:19:35 PM >

_____________________________

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RE: Advice on Bi State Restraining Orders - 12/26/2008 5:25:51 PM

Musicmystery

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~FR!

First thing I'd do is call my attorney!

Hello.....

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RE: Advice on Bi State Restraining Orders - 12/26/2008 5:32:32 PM

LadyPact

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Forgive Me if I'm being too forward with My assumptions.

If you are looking to obtain a restraining order against someone who has *not* been your domestic partner, and is perhaps the ex or current partner of a third party, you're probably going to have a little more trouble obtaining one. A temporary restraining order is quite simple to get in most states if there is a real or implied direct threat. At the time a TRO is issued, a person then receives a court date within the ten day effective period for a permanant restraining order. It is correct to My knowledge that it is only good in the state it was issued. Most states are willing to issue one in the other state with a copy of the original filed in the court. This shouldn't be an issue, as anyone who's ever been granted a PRO against another person will tell you that the court does advise that you carry that piece of paper everywhere.

A TRO is actually easier to get than a PRO. For a PRO, there has to be some substantial proof that you are in jeopardy from the other person. A verbal threat that someone else besides yourself has heard, a written threat, or an actual crime, such as assault against you. There are also special circumstances that can be used in cases of stalking, whether it involves a domestic partner or not. Greater latitude is permitted when it comes to domestic partners, as those are cases where one person knows the other's home, work, routines, and is more likely to know the habits of the person they are trying to harm.

It would be My suggestion that you file in NC, and be prepared with your documentation and/or witnesses of why this person in NY would be a threat to you. Once obtained, when you do travel to NY, your first stop needs to be the County Clerk's office, so that you can receive the instructions needed specific to that state.

(Please be aware that the advice given here is directly related to certain experiences that I can pull from, but they are specific to the states of CO and GA. The same may not apply where you are.)

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RE: Advice on Bi State Restraining Orders - 12/26/2008 6:00:12 PM

SteelofUtah

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I was told this by a Judge who used to come into rent movies from the Blockbuster I worked in in St George.

A Restraining order is usually worthless because you must PROVE they violated it.

A Protective Order!!!! Now with that one anytime you say he has even tried to make contact with you he will be questioned and usually taken to Jail as a Protective Order says thay cannot make contact with you in ANY FORM, Speaking, Phone, or Letter and if they Violate that depending on the writing of the PO they can be taken to jail for up to 30 days each time they Violate it.

Seriously Contact a Rape Crisis Hotline and Ask to speak to someone on the staff about easy ways to get a Protective Order because they usually have that information and can direct you to Legal Aid on the matter.

Steel

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RE: Advice on Bi State Restraining Orders - 12/26/2008 6:05:27 PM

CalifChick

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In many places, a "protective order" and a "restraining order" are merely two different terms for the same thing. Also known as an "order of protection."

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(in reply to SteelofUtah)

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RE: Advice on Bi State Restraining Orders - 12/26/2008 9:03:01 PM

popeye1250

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From: New Hampshire
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I have a Glock .40 cal pistol.
That's the best "restraining order" there is!
It's valid right into eternity.

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RE: Advice on Bi State Restraining Orders - 12/27/2008 5:52:34 AM

pahunkboy

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From: Central Pennsylvania
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...a restraining order varies by state. In PA it is 3 years. I think NJ it is a lifetime. ?

The battered womans shelter helped with an attorney. During the 3 years, no messages of any type were to exchange. I am aware tho- that one can have an attorny write a letter for $50 saying to stay away....

the best plan for the OP is to live where there is strict law and order. when they take punishment seriously. the bad boys are tough, yeah, but I cant think of any that "want" to do jail time. Jail is a wonderful invention.

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Post #: 17

RE: Advice on Bi State Restraining Orders - 12/27/2008 7:10:27 AM

Lorr47

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quote:

ORIGINAL: SteelofUtah

I was told this by a Judge who used to come into rent movies from the Blockbuster I worked in in St George.

A Restraining order is usually worthless because you must PROVE they violated it.

A Protective Order!!!! Now with that one anytime you say he has even tried to make contact with you he will be questioned and usually taken to Jail as a Protective Order says thay cannot make contact with you in ANY FORM, Speaking, Phone, or Letter and if they Violate that depending on the writing of the PO they can be taken to jail for up to 30 days each time they Violate it.

Seriously Contact a Rape Crisis Hotline and Ask to speak to someone on the staff about easy ways to get a Protective Order because they usually have that information and can direct you to Legal Aid on the matter.

Steel

The same is true in Michigan. A Temporary Restraining Order (TRO) can be issued in a proceeding such as a divorce proceeding. However, the police will not arrest based solely on a TRO's violation although if the situation is bad enough and committed in their presence they often get creative and haul he/she away (eg creating a disturbance). You have to go back to Court and prove the violation as to the TRO.

A Personal Protection Order (PPO) is a different matter. If the PPO says he/she is not to be in a certain place, the police will haul he/she away without comment. Police like PPO's since it makes their job easy.

The problem in this area is that PPO's are abused at times. I knew a security guard licensee who placed six armed guards in a store during a owners' fight to protect against theft. A creative crazy filed a PPO against the licensee but did not serve him. A PPO was wrongly issued that automatically suspended the licensee's CCW permit (the licensee was never even in the store) After the initial hearing which proved the PPO was incorrectly issued against the licensee the referee still did not have the power to set it aside. The licensee said that he was going to carry a weapon after the hearing no matter what; the referee said "you cannot by state law; the licensee said "arrest me" and left. A notice was sent by the court to the police pleading that they not to screw with the licensee under any circumstances. The person illegally obtaining the PPO was sent to jail. My point is that we have to focus on preventing to issuance of bogus PPO's or they are going to fall into disrepute. It cost the licensee $5,000 to get the PPO nullified and would have cost next to nothing to make sure service had actually been effectuated. This happens more than we care to admit. Those of you who hate bureaucrats should meet a Court clerk's insolence.

(in reply to SteelofUtah)

Post #: 18

RE: Advice on Bi State Restraining Orders - 12/27/2008 11:41:56 AM

bestbabync

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if the OP lives in NC all she needs to do is contact her local county Family Abuse Services. They will assist her in obtaining a Chapter 50B Order of Protection at absolutely NO FEE! this order is valid in all 50 states and territories including Indian Reservations. the victim/complainant should always carry a copy of the order and file a copy with all local law enforcement agencies within you county of residence and place of employment.
NO lawyer/attorney or money needed!

< Message edited by bestbabync -- 12/27/2008 11:42:43 AM >

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RE: Advice on Bi State Restraining Orders - 12/27/2008 2:32:32 PM

popeye1250

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From: New Hampshire
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quote:

ORIGINAL: bestbabync

if the OP lives in NC all she needs to do is contact her local county Family Abuse Services. They will assist her in obtaining a Chapter 50B Order of Protection at absolutely NO FEE! this order is valid in all 50 states and territories including Indian Reservations. the victim/complainant should always carry a copy of the order and file a copy with all local law enforcement agencies within you county of residence and place of employment.
NO lawyer/attorney or money needed!

Well that's good to know.
Then, you invite the bastard over to the house to "discuss" matters and as soon as he walks in the door "Bam, Bam, Bam."
"Hey, he was violating a restraining order."

_____________________________

"But Your Honor, this is not a Jury of my Peers, these people are all decent, honest, law-abiding citizens!"

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Post #: 20

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