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Legal Information: New Hampshire

Restraining Orders

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Updated: 
February 10, 2020

I was granted temporary custody with my protective order.  Will another state enforce this custody order?

Yes. Federal law says that the law enforcement and the courts in another state must enforce custody, visitation, and child support provisions that are included in a NH protective order.1

1 18 USC § 2266

I was granted temporary custody with my protective order.  Can I take my kids out of the state? 

It may depend on the exact wording of the custody provision (part) of your protective order. You may have to first seek the permission of a New Hampshire court before leaving, especially if you want to leave the state permanently. If your abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for legal services on our NH Finding a Lawyer page.