Conozca la Ley: Connecticut
ACTUALIZADA 23 de julio, 2007
Your CT restraining order can be enforceable wherever you move.
- General Rules
- Getting your CT Restraining Order enforced in another state
- Getting Custody Provisions Enforced in Another State
General Rules
arribaHow do I know if my restraining order is good under federal law?
A restraining order is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
arribaHow do I get my restraining order enforced in another state?
Federal law does not require you to take any special steps to get your restraining order enforced in another state.
Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid restraining order is enforceable regardless of whether it has been registered or filed in the new state.* Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our State and Local Programs page and entering your new state in the drop-down menu.
Note: It is important to keep a copy of your restraining order with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.
* 18 U.S.C. § 2265(d)(2)
arribaWhat are the advantages and disadvantages of registering my restraining order in another state?
Advantages: If your restraining order is registered in the new state, it is easier for law enforcement officials to verify that your order is valid. When police officers arrive on a scene, they generally check to see if your restraining order is registered in that state’s protection order registry. If it is not listed, the police officer may have to look through the national registry, which could delay enforcement of it. However, if the restraining order has some indications that it is valid (for example, it has a clear expiration date and it has not expired, or it is a certified copy, etc.), the police in other states should enforce the order even if it is not registered.
Disadvantages: When you register your restraining order in a new state, some states (although not all) will notify the abuser that the restraining order has been registered in the new state. If you do not want the abuser to find out what state you have relocated to, it is important to understand what the rules are in your new state. If that state does notify the abuser, and you are trying to keep your address confidential, you likely will not want to register it since that would let the abuser know what county or state you are in.
arribaI have a temporary ex-parte order. Can it be enforced in another state?
Yes. An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my restraining order is good under federal law?*
Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.
* 18 U.S.C. § 2265(b)(2)