Can a Restraining Order Be Enforced in Another State?

Full question:

Is a preliminary injunction issued in Louisiana enforceable in Colorado? The reason I ask... My ex husband has an injunction against my boyfriend in Louisiana and it includes my children. Will my boyfriend be held in contempt if he is around my children in Colorado?

Answer:

If you have gone to court and obtained a restraining order to protect yourself from the abusive conduct of another person, federal law mandates that all existing restraining orders made in any jurisdiction in the United States be honored and enforced by every other jurisdiction. A restraining order is to be accorded full faith and credit if; a) the court had jurisdiction over the parties and the matter under the law of such state; and b) reasonable notice and opportunity to be heard was given to the person against whom the order was sought sufficient to protect that person's right of due process. If you move from one state to another with a restraining order still in effect for protection, you can register the order in your new state of residence. This will make the information contained in the order available to all law enforcement agencies statewide. A domestic violence restraining order is enforceable regardless of whether it has been registered or filed in the new state.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To obtain a preliminary injunction, the requesting party must show that they are likely to succeed on the merits of the case, will suffer irreparable harm without the injunction, that the balance of equities favors them, and that the injunction is in the public interest. The court will evaluate these factors before granting the injunction.