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Law Offices of John A. Guthrie - Family Law Attorney

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Enforcing an out-of-state order of protection

If a person moves to California after being granted an order of protection in another state, they may wonder if the order can still be enforced. In short, the order will be enforced as long as certain requirements are met.

There are three main requirements that must be met in order for the order of protection to be enforceable. First, the order of protection must have been issued to prevent harassing behavior, sexual violence or violent acts. The order could have also been issued to prevent a person from contacting or coming within a certain distance of the person who was granted the order. Second, the court that issued the order of protection must have jurisdiction over the case.

Third, the person who was accused of being an abuser or allegedly behind the threatening behavior must have received notice of the order. This means that the accused person had the ability to tell the court their side of the story. If the order of protection was an emergency or temporary order, the accused person must have had the ability to respond within a certain amount of time.

To be granted a restraining order or order of protection in California, there must be evidence that the person seeking the order is at risk for harm or harassment. If a person feels that they need an order of protection to prevent harm, an attorney could assist with gathering any necessary evidence. This evidence could include police reports and medical records. If there are issues with enforcing the order of protection, the attorney may determine what specific actions are available.

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