How are automatic restraining orders enforced?

If you are planning a trip to California or you are planning to move there and you have a restraining order, there is no need to worry because your restraining order can still be enforced.   It can be enforced by both a judge and the law enforcement officers in California.

The judge is also required to impose the parts in your restraining order that are not in the California DVRO also known as the domestic violence restraining order. However, this will only be applied if you can provide a copy of the restraining order as long as it is proven to be a legitimate copy. So if you’re visiting California or moving there, be sure to bring your copy of the order so you may show the police officer if you need to.

What you do need to know about your out of state restraining order is how it will be imposed when you enter the state of California. Your out of state restraining can be enforced as long as it was issued to prevent harassing behavior, sexual assault, threatening acts and violence.

It is also important to remember that there are different forms of abuse so even if it is not physical it can also be physiological, verbal and emotional. The restraining order will also be enforced in the state of California if it was issued to prevent the restrained person from contacting you and being near you. It will also be enforced if the abuser had full knowledge of the restraining order and was given the opportunity to speak about their side of the story and the court heard out both sides.

If anything occurs during your time in California with the restrained person then he/she will be removed from your location and placed into jail. He/she will either have to pay a fine for disobeying the orders, go to jail or he/she will have to do both.

One thing to keep in mind when you do enter California with your out of state TRO; you will not be able to change, cancel or extend the order while you are there. Typically, when you place a restraining order in a certain state, that state is the only one that can change anything on it. It will then change only if you file a petition in the court where it was processed.

If it is crucial for you to change it and you are unable to return back to the state where it was issued then you may be able to make the request through a phone call. If the TRO does expire while you are in California, you can try to obtain a new one in California. However, this process can be somewhat difficult if nothing has occurred while you are staying in California. If something has occurred during your stay then it the process will be less complex.

Remember you are not alone; there are places you can come to for help. We are one of those places.

(California Courts Judicial Branch)- Self Help: Domestic Violence

(Womens Law)- Enforcing your Out-Of-State Order in CA