Restraining Orders

If the abuser lives in a different state, the judge may not have power (“personal jurisdiction”) to grant an order against him/her.

There are a few ways that a court can have 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, or to see extended family, or perhaps the abuser lived in your state and moved recently.
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 has since left the state.
3. If you file your petition and the abuser gets served with the court petition while they are in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent, or the judge may find other circumstances that allow the order to be granted.

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

Note: If the judge in your state refuses to issue an order, you can file for an order at a courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away. The petition will also be decided based on that state’s laws, rather than Virginia law.