Legal Question in Family Law in California
My daughter lives in California. She has to leave the state to gert out of an abusive mariage. Can she file a restraining order from another state or does she have to be present in California?
2 Answers from Attorneys
The other state may not have jurisdiction over the person to be restrained. Lawyers are taught about this stuff during the first year of law school.
She would have to be present to testify at the hearing on the RO. In addition, the order would not be enforceable outside California. On the other hand, as Mr. Roach notes, the other state would not have jurisdiction over the husband. Only if he came to the other state and committed restrainable acts, would the other state be able to issue an enforceable RO.
So if he is committing harassment remotely, such as by phone, she will have to come to CA to get an order against it. Otherwise, she has to wait for him to try to follow her to the other state and commit acts there, in order to get an order that will be enforced in the new state.