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my fiance's ex girlfriend who she was with for 3 years has not stopped harrassing her since they broke up 2 years ago. she has serious mental problems and is in and out of the mental hospital. she doesnt call cuz she doesnt have our number and she used to contact us on the internet but we blocked her and now she writes letters in the mail to her mom's house. it drives me crazy. and its scary cuz she has flown down here from pennsylvania and we live in sf after they broke up. i just want all lines of communication to be gone and to not ever think of her or be reminded of her ever again. can you get one or something that prevents her from contacting her even though we are across the country? thanks

2007-12-17 17:39:05 · 4 answers · asked by Natalie 2 in Politics & Government Law Enforcement & Police

4 answers

Yes.

2007-12-17 18:50:41 · answer #1 · answered by Toodeemo 7 · 0 0

Each state must enforce out-of-state restraining orders in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state restraining order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by "full faith and credit A Relief from Abuse order is good anywhere in the United States as long as: It was issued to prevent violent, threatening, or harassing behavior against another person, OR it was issued to forbid contact or communication with another person.
The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case).
The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story

Federal law does not require you to take any special steps to get your relief from abuse order enforced in another state. However, many states do have laws or regulations (rules) about enforcement of out-of-state orders. These rules differ from state to state, so it is important to find out what the rules are before you try to get your relief from abuse order enforced in another state. For example, a state may require to you "register" or file your order so that the court and police know about it

hope this helps

Chris R 2005 Grad Florida Coastal School of Law

2007-12-17 18:01:26 · answer #2 · answered by Anonymous · 0 0

I will tell you from personal experience that when you go to get a protection order, if the other person fails to appear it is automatically granted to you and if you win, you can force the other person to pay your court/lawyer fees. (so obviously they are notified) I don't see why that wouldn't apply to anyone regardless of their geographical location. If someone is threatening your personal safety, then you should have a right. It might be easier than you think because she is out of state and more than likely won't appear.
But sorry I'm not a lawyer. I hope it works out!

2007-12-17 17:46:26 · answer #3 · answered by Anonymous · 0 1

Service of summons to another state is allowed if there is a valid cause.

2007-12-17 22:58:50 · answer #4 · answered by FRAGINAL, JTM 7 · 0 0

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