Restraining Orders

There often may be an issue when a victim is trying to get a restraining order against someone who lives in another state or in another country in terms of whether or not the judge has what is called “personal jurisdiction” (power) over the non-resident abuser. For someone who lives in the U.S. who wants to get an order against someone in another country, one thing judges in the U.S. often consider is if the abuser has significant contacts in the state where the petitioner (the person requesting the restraining order) is filing, such as whether the abuser visits the state, works there, etc. Sometimes the state will have laws that say that at least one of the acts of violence or harassment must have occurred in the petitioner’s state to qualify for an order in that state. It’s not clear if the same standard would apply when the abuser lives in a whole different country, not just in a different state. Also, the standards I have explained are based on U.S. laws if someone were trying to file in the U.S. against someone in another country. In a situation where the victim is in a different country than the U.S., I can’t speak to what the laws and legal standards would be in that non-U.S. country. If you are looking to file for an order in [COUNTRY], you would need to talk to a lawyer in [COUNTRY] to see if the courts there may have similar considerations in terms of not having jurisdiction over someone in another country.

In addition, when the victim and abuser live in different countries, enforcing a restraining order (if one is issued) would be much more complicated. An order is only as powerful as it is because of the penalties that can happen if the order is violated, such as being arrested. However, judges and police in one country generally do not have the power to punish someone who lives in another country. Although there are options such as extradition, where a criminal is brought from one country to another to face criminal penalties, I cannot envision local police in either country issuing a cross-country warrant or extradition order against another country’s citizen for violating an order of protection. And, aside from not arresting or prosecuting someone in another country, foreign countries may not enforce a judgment or a finding of contempt issued by another country’s judge. You may wish to consult a local attorney in your country who knows international law to even see if it’s even possible to pursue a restraining order proceeding against this U.S. citizen or to see what your other options may be.