Domestic violence is a national epidemic that harms countless American citizens each year. Like all states, California issues protective and restraining orders to protect individuals and families from physical, sexual, and psychological violence or harassment. But what if you have an out-of-state protection order?
Traveling to California with an Out-of-State Order
Social media platforms have become an intrinsic facet of our everyday lives. They’re a convenient way to keep in contact with friends and loved ones, especially after traveling to a new state. Whether you come to California for a vacation or a fresh start, it’s important to be aware of just who has access to your social media accounts. After all, it’s easier than ever for a dangerous person to keep track of a target’s movements just by checking their Facebook or Instagram accounts.
Fortunately, your out-of-state protection order can be enforced in California under the following conditions:
- The court that issued the order had the authority to hear the case
- The order was issued to prevent physical or sexual violence, harassment, or threatening acts
- The order was issued to keep another person from interacting or contacting you
- The “restrained person” received notice of the order and had the opportunity to challenge it in court
In California, your protection order can be enforced by both judges and local law enforcement officials. This can include temporary custody orders so long as they are included in your original protection order. For this reason, it’s important to keep a copy of your order on-hand in case there is ever an emergency. To ensure your protection, a judge is required to adhere to any and all aspects of your order, even if they aren’t typically included in a California DVRO.
Modifying, Extending, or Canceling your Protection Order
Only the state that originally issued your protection order has the right to modify, extend, or cancel it. However, the courts are aware that protected people rarely want to return to the states where their abusers are living. Depending on the state and your individual circumstances, you may be able to attend the court hearing by phone rather than in person.
You may be able to get a new order issued in California after your old one expires. It’s important to discuss your specific case with a qualified attorney before you take any legal actions. It can be difficult to obtain a new order if there haven’t been any recent incidents of violence or abuse within California.
Learn More by Scheduling a Consultation
Don’t take any chances with your safety. If you require legal guidance or are interested in applying for a restraining order, contact the Riverside County domestic violence lawyers at Hanson, Gorian, Bradford & Hanich. Our experienced and trial-tested legal team can help you secure or enforce essential protections against a dangerous party.
Contact Hanson, Gorian, Bradford & Hanich at (951) 687-6003 to schedule a consultation.