Restraining Orders

When you and the abuser live in different states, the judge in your state may not have legal power over an out-of-state abuser. This is called “personal jurisdiction,” and it means that the judge may not be able to grant an order against them.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state, but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when they abused you, but they have since left the state.
3. The abuser gets served with the court petition while they are in your state.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, you may be granted an order by consent or the judge may decide that there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file for an order in the courthouse in the state where the abuser lives. However, you might need to check if that state allows for online filing and remote participation, or if you would need to file in person and attend various court dates. This could be difficult if the abuser’s state is far away.