English
EspañolIf the abuser lives in a different state or territory, can I still get an order against him/her?
When you and the abuser live in different places, a judge in the CNMI may not have legal power (personal jurisdiction) over an abuser who lives somewhere else. This means that the judge may not be able to grant an order against him/her.
However, there are a few ways that a judge can get personal jurisdiction over an abuser who lives outside of the CNMI:
- The abuser has a substantial connection to the CNMI. Perhaps the abuser regularly travels to the CNMI to visit you, to see extended family, or for business, or the abuser lived in the CNMI and recently fled.
- One of the acts of abuse “happened” in the CNMI. For example, 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 the CNMI. The judge could decide that the abuse “happened” to you while you were in the CNMI. It may also be possible that the abuser was in the CNMI when s/he abused you but s/he has since left.
- If you file your petition and the abuser gets served with the court petition while s/he is in the CNMI, this is another way for the court to get personal jurisdiction.
Even if none of the above apply to your situation, you may still be able to get an order. If you file, the abuser may agree to an order “on consent” or the judge may decide there are other reasons to grant the order.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in the CNMI refuses to give you an order, you can file in the courthouse in the abuser’s state or territory. However, you might need to file the petition in person and attend various court dates. This could be difficult when the abuser’s state or territory is far away.
