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Legal Information: Delaware

Restraining Orders

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Laws current as of November 15, 2024

I have an emergency ex parte order. Can it be enforced in another state?

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 order of protection from abuse is good under federal law?1

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.

1 18 U.S.C. § 2265(b)(2)