Interstate Restraining Orders
When a victim of domestic violence attempts to get away from their abuser by moving across state lines, there may be a lingering concern that these protective orders are not legally enforceable. Considering that many states can clash over family law issues or confusion can arise due to major differences in systems, restraining order laws may appear to be dependent on the state in order to preserve their enforceability.
If you have questions about whether a restraining order can be upheld if you move to another state, you should consult with a skilled and experienced lawyer. Contact the Austin family law attorneys of Slater Kennon, LLP, by calling 512-472-2431 today.
Full Faith and Credit
According to federal law, each state must accept the laws of the other. While this does not mean what is legal in one state must be legal in another, it does mean that protective orders translate across state lines. However, these orders must fulfill some basic requirements under federal law. These requirements include the following:
- The order was issued due to violent or harassing behaviors
- The order was issued by a court that had the right to do so
- The abuser knows about the order and has been allowed to argue their side
In regards to the final condition, there are some protective orders that may be issued without notifying the abuser. With these emergency restraining orders, an abuser must then be notified accordingly, and offered a chance to argue their point of view within a reasonable time. While this may change the process, emergency orders are still to be enforced in any state.
Contact Us
Protecting yourself and preserving the safety of your family from an abuser is possible under the law. To learn more about your rights if you have been abused, contact the Austin family law attorneys of Slater Kennon, LLP, at 512-472-2431 today.