Chula Vista, CA asked in Family Law, Divorce and Child Custody for Maryland

Q: Can you file a restraining order in different state if the defendant keeps moving from state to state?

There is a protective order against my wife from Maryland to not have any contact with our minor child. She ran to California with the child. Can I file for another restraining order in California since she live there physically now? Can I file for temporary emergency custody out of California since she live there with the child?

1 Lawyer Answer
Bennett James Wills
Bennett James Wills
  • Brentwood, TN
  • Licensed in Maryland

A: You should consult with a California attorney. But typically, under the full faith and credit clause of the US Constitution, CA law enforcement would recognize and protective order from Maryland. Consider contacting CA law enforcement as well where the wife resides currently.

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