Oceanside, CA asked in Family Law and Domestic Violence for California

Q: I'm trying to find out how to get a restraining order against someone in a different state.

I'm in California and the person I want to restrain is in Pennsylvania. This person stalked me and found out where I work and called my chain of command for a personal issue that I'm dealing with between me and my mother. The person who contacted my work is unrelated to me, it's my sister's boyfriend. I have had no contact with everyone over there for a few years because they've become toxic and abusive towards me and my wife and now theyre contacting my work and I'm afraid that they will do the same thing to my wife. I've hidden my information from these people they shouldnt even know where I work at but somehow they found out which is why Im concerned and want to get a restraining order. I just don't know how that would work out or what I need to do since they live in a different state.

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2 Lawyer Answers
Andy Cook
Andy Cook
Answered
  • Domestic Violence Lawyer
  • San Diego, CA
  • Licensed in California

A: You could get a civil restraining order, which is different from a domestic violence restraining order. The difference, among other things, is that you have to prove, by clear and convincing evidence, the facts that warrant a restraining order (as opposed to a family law restraining order, where the burden of proof is lower). Also, the restraining order, in your case, could last only three years, whereas a family law restraining order lasts up to five years.

It's up to each judge how to handle cases like yours, but the fact the other person is in Pennsylvania should not be a problem because that person has caused an effect in California and therefore is subject to California's personal jurisdiction.

Also, the other person would have to be personally served. This could be done by getting a California process server to make contact with a process server in Pennsylvania in the part of that state where the person lives.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: need more info

you need to pose this question to a lawyer in the city/state involved.

have you tried contacting the police covering the area where this happened?

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