Are Restraining Orders Transferable?
When you have reached the point of filing a restraining order or order of protection, you may be unsure of where and when it applies. No matter what state your restraining order is originally filed in, it is transferable to any other state in the US. This is because of a constitutional provision called the Full Faith and Credit Clause, which states that all courts must honor the rulings, records, and legislative actions of other courts, including those from out of state. As technological advancements are made, it is easier than ever for different states to enforce restraining orders and keep track of previous legal actions, because information can be shared electronically in a matter of minutes. This helps the Full Faith and Credit Clause protect you as you travel or move.
Regardless of the reason you file, whether due to domestic violence, a tumultuous divorce or stalking, you probably have questions about your rights and how to make sure your restraining order is fully protecting you. The team of Miami family law lawyers at Mitchell & West, LLC understands that you have a right to safety, and that you take whatever means necessary to protect your family, even if that means moving out of your current residence. We can guide you to make sure that your restraining order is enforceable and that you take the appropriate steps to transfer it smoothly and without issues.
Contact our team to discuss your concerns at (305) 783-3301.
Your Restraining Order in a New State
To make sure that your restraining order is valid, and that the new state’s law enforcement is aware of the order, it is best to register the order with law enforcement as soon as you can. When you get ready to move, consider getting an extra certified copy of your restraining order from your current state of residence. This way, you will have a copy to keep on your person and one to give to the court. Upon moving to the new state, you will want to turn in the certified copy, along with a registration form, to a court in the new state. Registration forms can be found online for your state and printed, to fill out prior to visiting your local courthouse. Turning in the certified copy sets the restraining order into immediate effect and allows the local law enforcement to “flag” your address. If for any reason, someone calls 911 from your address, law enforcement will know that it is a home protected by a restraining order. This helps the police take extra steps to protect those who live at your address.
Miami Family Law Attorneys
If you are the victim of domestic violence or are in fear for your family’s safety, you have options for legal protection. Filing a restraining order or order of protection can help keep your family safe and is a way for law enforcement to better help you if an incident occurs. Our team of Miami family law attorneys at Mitchell & West, LLC can help you if you are facing domestic violence, need a divorce, or need to file for a protective order. We can guide you through the legal process so that you feel confident that you have taken the right steps.
Contact us today for a consultation at (305) 783-3301.