Full question:
I live in NJ and was awarded a final restraining in 2004. I am now considering moving to PA. Will the restraining order and support provisions contained in the order remain in affect if I move to PA?
- Category: Restraining Order
- Date:
- State: New Jersey
Answer:
Yes, depending on the nature of the order, such as whether it is civil or criminal, it may be enforced under principles of comity. The order may be required to be registered in PA first to be recognized.
When another states issues an order, the home state may enforce it under the legal theory of comity, which states use to provide reciprocal enforcement of out-of-state orders. There are certain considerations made in determining whether to enforce an out-of-state order. First, the foreign court must have personal and subject matter jurisdiction to enforce its order within its own domain. Second, the procedural and substantive law applied by the foreign court must be reasonably comparable to that of the home state. Third, the foreign court's order must not have been falsely or fraudulently obtained. Fourth, enforcement of the foreign court's order must not be contrary to the public policy of the home state, or prejudice the rights of the home state or her citizens. If these elements are lacking, it is possible to make a motion to quash (cancel) the order.
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.
