Out-of-state restraining orders are difficult to navigate because they can lead to confusion and legal problems when enforcing them across jurisdictions. Understanding their validity, enforcement, and your rights for protection and legal standing is important.

This guide will provide information about out-of-state restraining orders and how they are enforced across state lines.

What is an Out-of-State Restraining Order?

A restraining order, also known as a protective order, is a court order that prevents a protected party from being harmed by the restrained party. When we speak of an “out-of-state” restraining order in California, it means an order that was legally issued by:

• The court of any U.S. state other than California
• The court of a U.S. territory like Puerto Rico or Guam
• A federally recognized tribal court

These orders are critical legal instruments that establish boundaries and enforce safety, and they have the force of law in any state, regardless of where they originated.

Some protective orders are immediate, while others take time to secure.

• A police officer or judge can issue an emergency protective order (EPO), usually at the request of law enforcement, for immediate protection. It is short and usually only lasts a few days to allow the protected party time to secure a court order.
• A temporary restraining order (TRO) is a judicial order given on the request of a party. The judge reviews a written request submitted by one party and sometimes holds a short hearing to determine whether to grant the TRO. It usually lasts until a formal court hearing can be held. Often, the hearing is held two or three weeks later.
• The judge grants a final restraining order (FRO) or a permanent protective order after a complete court hearing where both parties present evidence. Despite the term ‘permanent,’ these orders usually have a time limit. Most often, it ranges between one and five years. However, some can be longer or completely permanent depending on the situation and laws of the issuing state.

No matter what kind of order or who issued it, these orders contain key provisions that define the parameters to be followed by the restrained party. Most orders include:

• Stay-away distances — This specifies how close a restrained party can come to the other party’s home, work, school, or any other location
• No contact provisions — Prohibit any type of contact, directly or indirectly
• “Move-out” orders, especially in divorce cases — These orders mandate the restrained party to legally leave the home.

Notably, the meaning and implications of these orders are consistent, even if the order is from a state other than California.

The Full Faith and Credit Clause and Interstate Restraining Orders

A restraining order issued by one state for a victim must be recognized and enforced in another state, not just as a courtesy but as a requirement of federal law. The Full Faith and Credit Clause in the United States Constitution, Article IV, Section 1, makes this recognition between the states possible. Under this clause, states must honor the “public acts, records, and judicial proceedings of every other state.” A valid court order from one state, in other words, is a valid and binding order in every other state.

Based on this constitutional foundation, the Violence Against Women Act (VAWA) significantly strengthened and clarified the enforcement of protective orders across state lines. VAWA contains language that overtly mandates all states, U.S. territories, and tribal jurisdictions to “give full faith and credit” to protective orders issued by any other qualifying jurisdiction that meets certain conditions. That means that if a protective order was properly issued to prevent domestic violence, stalking, or harassment in another state, the state will treat it as a California order for purposes of enforcement.

A protective order from another state is generally entitled to full faith and credit and must be enforced under VAWA if:

• It meets specific due process standards
• The court that issued the order had jurisdiction over the parties and the subject matter
• The restrained party received actual notice of the hearing and an opportunity to attend and be heard

The order is entitled to nationwide enforcement if the above conditions are satisfied.

Enforcement of Out-of-State Restraining Order

If you have taken out a protective order against someone, it is essential to have a valid out-of-state protective order, but understanding how to enforce it in California is vital to ensuring your ongoing safety.

The state must enforce valid out-of-state orders due to federal law. You have two enforcement options, one offering significant clarity benefits and long-term protection.

Direct law enforcement is the most immediate method. If a restrained party violates a valid out-of-state restraining order while you are in California, call the local police or sheriff’s department. You should ideally have a copy of the order to show them. Under federal law, law enforcement officers should treat a qualifying out-of-state order like a California order. They must take action to enforce it. This can involve arresting the restrained party if that person violates the order by coming within (or contacting) a prohibited distance. You should show the officers the order and specify that it is a valid out-of-state protective order.

Although immediate enforcement is technically permitted under the law, if the order is registered in California, enforcement is smoother and more effective in the long run. When the order is registered, the California courts and law enforcement agencies are notified of its existence. The order is added to a state database so police officers like the California Restraining and Protective Order System (CARPOS) can quickly see it. This certainly makes it easier to verify and enforce if you ever need law enforcement assistance in the future. As a result, minimal delays or confusion may arise from confusion over documents from out of state and unknown during a crisis.

It is relatively easy to register an out-of-state protective order in California. To register the order, you must file specific forms with the California Superior Court in the county where you live or the restrained person lives. Usually, Form DV-600, Out-of-State Protective Order Registration, is the form typically used for this. You must submit a certified copy of the original out-of-state protective order with this form. If the court has amended or renewed the order, you should attach certified copies of the subsequent modifying orders.

You need to submit these documents to the clerk of your local Superior Court:

• The finished DV-600 form
• The certified copies of the order(s)

In California, you generally will not have to pay a fee to register a protective order for domestic violence. Once filed, the court clerk will process the registration. Following a successful registration, the restrained person's notice of the registration must be served. Although the order was served in the original state, California registration usually requires a separate notice from the restrained party to inform them that the order is now registered and enforceable in California.

Navigating out-of-state legal procedures can be difficult. If you have any trouble registering your restraining order, if the restrained party tries to contest the order’s validity/enforceability in California, or you want to understand how California laws on protective orders work more clearly, consider contacting a restraining order lawyer. The help of a qualified attorney can be invaluable. If something goes wrong, an attorney can ensure everything is done correctly.

What if My Out-of-State Order Does Not Meet Full Faith and Credit Requirements?

California laws usually require law enforcement to enforce protective orders from other states. However, it is possible for a protective order not to qualify for full faith and credit protection. An out-of-state order might be unenforceable because the person did not receive due process in the issuing state. Usually, this is the case if the restrained party was not adequately advised of the restraining order proceedings or was not given sufficient advance notice and opportunity to appear in court and dispute the order. A California court could refuse to enforce an out-of-state order if a party challenges it because the original proceedings violated a fundamental due process right.

If your out-of-state restraining order cannot be enforced in California due to technical or due process problems, it does not mean you have no protection. The next most important step in this situation is applying for a new Domestic Violence Restraining Order (DVRO) in the California Superior Court. This kicks off a different lawsuit in California. You must:

• File the proper California forms
• Prove either the history of abuse or harassment, which may have taken place elsewhere but affects your safety in California
• Prove the need for protection under California law

If you have a documented history of abuse by an out-of-state DVRO order, applying for a new one can still be complicated. Even though the out-of-state order and history leading up to the order are important background, it is like building a new case.

The process starts with you filing the first request, possibly obtaining a temporary restraining order from your sworn statements, proper service on the restrained party, and then preparing for the hearing to convince a California judge that you need a permanent protective order in this state to keep you safe.

How Federal Law Ensures Your CA Order is Enforced Elsewhere

If you have an order from a California court, you can generally rely on that order for protection even when you leave the state. Due to the same federal laws that control the enforcement of out-of-state orders in California, specifically, the Full Faith and Credit Clause of the United States Under the law of the U.S. Constitution and the provisions of the Violence Against Women Act (VAWA), a valid California protective order is legally entitled to recognition and enforcement throughout all U.S. states, territories, and tribal jurisdictions.

Regardless of whether your trip is short or you visit another state for a holiday, the restraining order from California is valid and enforceable there. California must enforce the orders of other states, just as other states must enforce a valid order of a California court. If the restrained person disobeys the order when you are in another state, local law enforcement in that state must respond under federal law and take the appropriate action, treating your order as if it were issued in their state.

While your orders are federally protected everywhere, the local procedures for enforcing them can slightly vary from state to state. If you do not just plan to visit but to relocate to a new state with your California restraining order, it is a good idea to check or ask about the procedures in the new state. Some states have a voluntary registration process similar to California’s. This registration process can help local law enforcement quickly verify the order. However, it is not a legal requirement for enforcement under federal law.

Enforcement of Out-of-State Protective Orders Against You in California

If you are the person the protective order was taken out against in another state, and you are now in California, you should know that an out-of-state order is usually valid and enforceable against you. As mentioned above, federal laws like the Full Faith and Credit Clause and VAWA provide that the state must honor the protective orders issued by other states, territories, and tribal courts, as long as they meet basic due process requirements. The order’s limitations and requirements are legal obligations that apply to you while you are present in California.

Restrictions can seriously affect your life, including where you can live. You will be forced to move if the restraining order has a stay-away provision that includes the parties’ shared residence or a move-out order. If the order from a different state says you must leave the home you share with the protected party and stay away from them, that order will be enforced. You may need to find a place to live as soon as you enter the state.

Violating a valid out-of-state protective order is considered a crime, and it can lead to state or even federal charges. Police officers are required to enforce the orders. You can be arrested if it is discovered that you have violated the order by either contacting or coming too close to the protected party. Violations of protective orders could lead to criminal charges, fines, and jail time, just like a California-issued order. The severity of the consequences can vary depending on the type of infraction and your criminal record.

Although the order is enforceable against you in California, it is crucial to remember the rights you had in the state of issuance. The restraining order could not be finalized against you if you were not notified of a restraining order proceeding and an opportunity to be heard by the court. If you believe you were denied any of these fundamental rights during the original proceedings, this can be a reason to challenge the validity or enforceability of the order. However, these challenges are legally complex. Remember that you usually must return to the court in the state that issued the order to file a motion and present your case there to modify or terminate the out-of-state order.

Modifying, Renewing, or Terminating an Out-of-State Restraining Order

A court order, including a restraining order, can only be modified or terminated upon a request filed by the protected party. However, merely submitting the request does not guarantee that the court will immediately enact the changes.

As a general rule, the original court that issued the protective order shall have exclusive jurisdiction to modify, renew, or terminate said order. The ruling body shall be the one in which the verdict is made, which indicates that the issuing court is familiar with the evidence and the history of the case presented during the original proceedings.

As a result, a California Superior Court usually cannot modify or terminate a protective order issued by a court in another state, even if the protected person and the restrained person now live in California. Only the court in which that order was made has the authority to change any terms or duration.

So, if you are the protected person or the restrained person and want to ask the out-of-state court for a modification like changing stay-away distances, renewal if the order is expiring, or termination (ending the order early) of the out-of-state protective order, you would usually have to file the motion or petition with the original issuing court.

A protected person who moves to California and needs to renew an expiring out-of-state order can run into complications. Usually, you cannot renew it in California. You must petition the original court for renewal. If going back to the issuing state or hiring a lawyer is not possible, you can seek a new DVRO in California, as discussed above (under “What if my out-of-state order does not meet full faith and credit requirements?”).

Consequences of Violating an Out-of-State Restraining Order

A valid out-of-state restraining order is treated as a California-issued order. Any violation of its terms will be punishable in the state. Law enforcement officers enforce these orders under federal law. This means protections are fully active in California, and any breach will trigger the legal consequences for the restrained individual.

If someone violates the order, the person protected should call the police (911 or non-emergency) immediately. Please provide a copy of the order issued by another state. Explain that the order is valid and describe the violation. Officers shall investigate and could arrest the restrained person if probable cause exists.

Violating a protective order is serious. Most often, a prosecutor will charge you under Penal Code § 273.6. A first offense is generally considered a misdemeanor and is punishable by fines and a year in county jail. Subsequent or violent violations can be felonies that can result in state prison sentences. Violations can also lead to contempt of court proceedings.

Moreover, documented violations will affect other lawsuits. For example, these violations can be evidence of ignoring court orders in a child custody case. As a result, any infraction must be reported to the police, no matter how small, to create a record that will be useful later on in case accountability is needed.

What Happens if Both Parties Move to California?

When both the protected and restrained person move to California, an out-of-state restraining order does not simply disappear. As a result of the Full Faith and Credit Clause of the US Constitution and the Violence Against Women Act (VAWA), existing orders are generally legally valid and fully enforceable in California.

It is best if the out-of-state order is registered with a local California Superior Court. The police can generally enforce it directly.

Even though it is enforceable in California, the original issuing court in the jurisdiction where the order was issued usually maintains exclusive jurisdiction over its modification, renewal or termination. Because the original court has jurisdiction over the order, the parties typically have to file a motion or petition with that out-of-state court if they want to change the terms of the order, renew it as it gets close to expiry, or have it terminated sooner than expected. A lawyer authorized to practice in another state can be essential to the legal proceeding.

If the order from outside the state expires or other circumstances change, the protected person can ask the court for a new California Domestic Violence Restraining Order (DVRO). This is a new lawsuit where a California judge would issue an order based on the facts and California law for the protected person who wishes to remain safe and the restrained person who may want to challenge or understand the restraining order.

Find a Restraining Order Attorney Near Me

Understanding out-of-state restraining orders is essential to your safety and your rights under California law. Understanding the enforceability of the registration process through federal law and the consequences of violations allows you to be protected or to comply. Legal counsel is vital in these situations.

Engage Goldman Flores Restraining Order Law Firm today for guidance on your case so that we can protect your safety and legal status. Contact us at 213-341-4087.