| Different states in America have different laws | | | | called an "ex parte order") is granted against you. |
| regarding restraining orders, and their enforcement. If | | | | Two copies of this paperwork will be distributed to |
| you're fighting a restraining order across state lines, | | | | the relevant police departments, i.e. the one local to |
| it's important to know various facts so that you | | | | where you live, and the one near her residence. |
| have the best chance of rescinding the order against | | | | That's the point when your paperwork is served to |
| you. | | | | you, and you can begin fighting the restraining order |
| Basically, whether you are in a different state to the | | | | by preparing for the second court hearing. You will be |
| plaintiff or not, every state in America has laws | | | | required to attend the second court session, and it's |
| protecting its citizens from ongoing abuse or violence | | | | vital that you get your defense communicated well, |
| coming from others. However, the relevant | | | | because that's the day a judge will decide if the |
| jurisdiction is the court in the county where you live. | | | | allegations have merit. If they do, or you can't |
| In other words, if your ex decides to file a phony | | | | produce enough evidence in your defense, you're |
| restraining order as part of a custody battle, she has | | | | looking at a permanent restraining order. |
| to file it with your state's court - not hers. If you're | | | | Once an order has been granted in your home state, |
| not sure where this is, it will be the law courts of the | | | | it is enforceable anywhere in America under the 'Full |
| "county seat" city of your home state; in larger | | | | Faith and Credit Clause' of the US Constitution. It can |
| states, it may also be of the county "branch courts". | | | | be registered in her state by making the order go |
| She will register the complaint by either filling in paper | | | | live on the national law enforcement database, the |
| forms available from that court, posting forms | | | | National Crime Information Center registry (NCIC). |
| downloaded from their website, or instructing a | | | | This is a nation-wide, electronic database which is |
| lawyer to do this on her behalf. Once the paperwork | | | | available to all law enforcement agencies (that's what |
| is filed, she will be invited to attend a preliminary "ex | | | | causes extra checks at customs, or employers, if |
| parte" court hearing to confirm the information | | | | they see the black mark against your name during a |
| provided, where a temporary restraining order (often | | | | background check on the system). |