Tuesday, March 6, 2012

Does a restraining order apply accross state lines?

Here is the problem. Kind of a long story. I live in Towson, Maryland. I was engaged for about 8 months a few years ago but in April, 2008, broke off the engagement. My ex fiance then started stalking and harrassing me. She'd make harrassing phone calls to me, send me letters and emails, and hang around in the parking lot pf my condo waiting for me to leave and come home. She scared away the next woman I was dating by following us. I went to the police several times and in October of 2009 she was arrested for phone harrassment and tresspassing. She was sentenced to a year probation and I also got a permenant restraining order against her. This past May, she violated the restraining order and served 5 days in the Baltimore County Jail. After she got out, she moved an hour and a half away to Pennsylvania. She started emailing me and calling me again, and just the other day, when I was in Pennsylvania, she approached me in a restaurant parking lot. I tried to reason with her and said, "Do you want to go back to jail?" Her response was, "The judge who issued the restraining order is a Maryland Judge. We are in Pennsylvania now. He has no authority to tell me what to do in Pennsylvania." Is this true? Does this mean I now have to file for a restraining order in Pennsylvania as well? I would think that one state would enforce a restraining order issued in a neighboring state? How does this work? I need advice. Thanks.Does a restraining order apply accross state lines?
Yes! Any restraining/protective order given in compliance with Federal standards (18 U.S.C. 搂 2265 and 2266(5)) is enforceable in all states. Quoting 搂 2265:

"Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory [1] as if it were the order of the enforcing State or tribe. "


As you can see, the only difference is that the state where the violation occurs applies it's own procedure to the violator. So to use your case as an example, the Pennsylvania authorities will punish her in accordance with PA's "Violation of a PFA Order," (23 Pa.C.S.A. 搂 6114) rather than MD's violation of Protective Order (Family Law 搂 4-509).

PA's punishment is a maximum of $300 and 6 months in prison. In addition, she may be in violation of federal "Interstate violation of protection order" (18 U.S.C. 搂 2262) which carries up to 5 years in a federal pen. Consult with the issuing court in MD on how to report her latest violation. Either they will inform PA's local police to arrest her, or you would just need to contact them and report the crime yourself.
Restraining orders are given full faith and credit in all 50 states, thanks to the Violence Against Women Act signed by President Bill Clinton in 1994.Does a restraining order apply accross state lines?
A Restraining Order Applies in Pretty Much Every Country...



USA

UK

Europe

Australia

China

Japan
the police would probably honor the out of state restaining order until it could be transferred to the new state

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