Getting an Out-of-State Restraining Order Enforced in New Jersey
When a person moves in from another state, they will likely want to keep the legal protection provided by a restraining order active over these state lines. The state does provide a legal method to update a restraining order across state lines, making it enforceable in the state of New Jersey. However, a person seeking to change their state restraining order may need to go through some important steps before they’ll be granted legal enforceability of their restraining order.
The Three Requirements for Out-of-State Enforceability
Before a person will be granted their due protection under a restraining order, they need to meet the three legal requirements established by the state of New Jersey to update their restraining order. These requirements include the following:
- The court that ordered the original restraining order had the legal authority to do so
- The abuser was notified about the restraining order and had the opportunity to argue their case before the court
- The restraining order was issued for violent acts or threats, harassment, or sexual abuse
Although this process may seem straightforward, a person updating the protection of their restraining order may want to discuss the process with a legal advisor first. There may be additional requirements depending on the circumstances of their case.
If you’re looking to update the terms of your restraining order after moving to New Jersey from another state, our legal team at Law Office of Andrew A. Bestafka, Esq., can help you go through this process and avoid any serious legal pitfalls or mistakes. For more information about restraining orders in New Jersey and what protections may be available for you and your family, call (732) 898-2378 today.