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Restraining Order
Will my New Jersey restraining order remain valid if I move to Pennsylvania?

Will my New Jersey restraining order remain valid if I move to Pennsylvania?

Q: How long does a final restraining order last in NJ?

In New Jersey, a final restraining order typically lasts indefinitely unless modified or vacated by the court. The order remains in effect until the protected party requests a change or the court decides to lift it. Regular reviews may occur if either party seeks modification of the terms.

Q: Does a restraining order override a custody order?

A restraining order does not automatically override a custody order, but it can influence custody decisions. Courts will assess the implications of the restraining order on the child's safety and well-being. It's essential to consult a legal professional to navigate these complex interactions.

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: 04/07/2025
State: New Jersey

Answer:

Yes, your restraining order may still be enforced in Pennsylvania, depending on its nature (civil or criminal). To be recognized, the order might need to be registered in Pennsylvania first.

States generally enforce out-of-state orders based on the legal principle of comity, which allows for reciprocal enforcement. However, several factors determine whether an out-of-state order will be enforced:

The issuing court must have had personal and subject matter jurisdiction.
The laws applied by the issuing court should be comparable to those in Pennsylvania.
The order must not have been obtained through fraud.
Enforcement must not conflict with Pennsylvania's public policy or harm its citizens' rights.

If any of these conditions are not met, you may be able to file 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.

FAQs

What is the new restraining order law in New Jersey?

New Jersey's restraining order laws have evolved to enhance protections for victims of domestic violence. The law allows for temporary and final restraining orders, which can include various support provisions. Recent changes focus on expediting the process for obtaining orders and ensuring that victims are informed of their rights. It's important to consult with a legal professional for the most current information and guidance on specific cases.

Does a protective order supersede a custody order?

A protective order can impact custody arrangements, but it does not automatically supersede a custody order. Courts will consider the safety of the child and the circumstances surrounding the protective order when making decisions about custody. If you have concerns, it's advisable to seek legal advice to understand how these orders may interact in your specific situation.

Who wins most child custody cases?

There is no definitive answer to who wins most child custody cases, as outcomes depend on individual circumstances. Courts prioritize the best interests of the child, considering factors like parental involvement, stability, and the child's needs. Each case is unique, and legal representation can significantly influence the outcome.

How long does a final restraining order last in NJ?

Does a restraining order override a custody order?

How to remove a final restraining order in NJ?

To remove a final restraining order in New Jersey, you must file a motion with the court that issued the order. You will need to demonstrate a change in circumstances or that the reasons for the order no longer exist. A hearing will be scheduled where both parties can present their cases. Legal assistance is recommended to ensure proper procedure.