Restraining Orders

When you and the abuser live in different states or territories, the judge may not have power (personal jurisdiction) over the abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an abuser who lives in a different state or territory from you:

1. The abuser has a substantial connection to your territory. Perhaps the abuser regularly travels to your territory to visit you, for business, to see extended family or the abuser lived in your territory and moved recently.
2. One of the acts of abuse “happened” in your territory. Perhaps the abuser sends you threatening texts or harassing phone calls from another state or territory, but you read the messages or answer the calls while you are in your territory. The judge could decide that the abuse “happened” to you while you were in your territory. It may also be possible that the abuser was in your territory when s/he abused you s/he but has since left the territory.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your territory, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, you could still get an order. If you file, the abuser may consent to it, or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge refuses to issue an order, it is possible that you can file for an order in the courthouse in the state or territory where the abuser lives, assuming you meet the requirements to qualify for an order there.  However, remember that you might need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state or territory is far away.