Enforcing Out-of-State Restraining Orders in Texas
When a person files for a restraining order against an abuser, the victim may want that protection to continue even when he or she moves to a new state. If that person moves to the state of Texas, the restraining or protective order may automatically transfer if the victim performs the several basic requirements necessary of all restraining orders. In fact, out-of-state restraining orders do not even need to be registered under the National Crime Information Center registry.
What Are the Out-of-State Restraining Order Requirements?
Enforcing an out-of-state restraining order in Texas is as simple as having a valid order. No additional action is required for a person looking for continuing protection in Texas. This means that a restraining order must only fulfill the following basic requirements:
- The court originally issuing the order must have had the legal right to do so
- The restraining order must have been issued on the grounds of protecting the victim from violent threats or conduct, harassment, verbal abuse, or sexual abuse
- The abuser affected by the order must have been notified and given the chance to argue his or her side of the case in court
As long as an order is valid under these requirements, the police in the state of Texas will enforce it. However, if a person wants to make any changes to the order, the individual must go back to the state where it was issued and work through the order modification process there.
If you’ve been abused or threatened, you may want to consider filing a restraining order against the individual responsible for your mistreatment. To learn more about this process and how these orders can protect you across state lines, contact an attorney from Holmes, Diggs & Sadler by calling (713) 802-1777.