Are Restraining Orders From Other States Enforceable In New York?
As long as your restraining order meets a few criteria, it can be enforced in New York State with no problem.
To be enforceable, restraining orders must be issued to prevent violent or threatening acts, harassment and sexual violence, or to prevent another person coming near you or contacting you. The abuser also must have had an opportunity to go to court and be heard, regardless of whether they showed up to do so. Finally, the court that issued the order must have had jurisdiction over the people and the case involved.
If you were granted temporary custody of children and a protective order, it will be valid in New York as long as it complies with Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and the Parental Kidnapping Prevention Act of 1980.
However, New York courts cannot change, extend or cancel a restraining order that was issued by another state. You will have to contact the state that issued the order and file a petition in the court that issued the order. They may allow you to attend the hearing remotely so that you don’t have to be near your abuser. In some cases, you may be able to get a new protective order issued by the state of New York.
If your restraining order has been changed or is no longer valid, you can contact the court that issued it to find out why, or work toward getting a new order issued from the state of New York. A cancelled order can’t be enforced.
If you have questions about restraining orders or need more information on how to protect you and your children, contact a Queens family law attorney for a consultation on your case. At Sager Gellerman Eisner Attorneys at Law, our clients come from Forest Hills, Kew Gardens, Rego Park and the surroundings areas.