Restraining Orders

There often may be an issue when a victim is trying to get a restraining order against someone who lives in another country in terms of whether or not the judge has what is called “personal jurisdiction” (power) over the non-resident abuser. One thing often considered when a judge is determining if there is jurisdiction over an abuser in a different U.S. state 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. If so, the judge may have jurisdiction over the non-resident abuser. 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. However, it’s unlikely that a state court judge could establish jurisdiction over someone who lives in a whole different country, not just in a different U.S. state. Also, in order for an order to be issued, the respondent must be personally served (handed) the documents and have the chance to appear in court to contest the order. This would be extremely impractical to arrange for someone living 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, it seems very unlikely that local police would issue 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 lawyer [HYPERLINK] in your state who knows international law to even see if it’s worth pursuing a restraining order proceeding against someone in another country or what your other options may be.