Henderson, NV asked in Family Law and Criminal Law for Nevada

Q: I have a restraining order against my ex for online harassment granted by California... I now live in Nevada.

Hello. I have another year left on the restraining order against my ex for online harassment granted by the state of California. In the past year I've moved to Nevada and the online harassment has recently started again. Does my restraining order hold any weight in the state of Nevada? Can I report the harassment to law enforcement in Nevada? I would greatly appreciate advice on what my options are. Thank you so much.

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Jennifer Setters
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Answered

A: Every case is unique, hence in situations like this—where you have a restraining order granted in California and have subsequently relocated to Nevada—it is advisable to seek advice from an attorney conversant with both Nevada and California law. These are some general rules:

Applying a California Restrain Order in Nevada: Federal law generally permits enforceability of restraining orders beyond state boundaries. Your California restraining order should thus be acknowledged and enforceable in Nevada under the Full Faith and Credit Clause of the Violence Against Women Act (VAWA). Still, registering the order with your local court or law enforcement agency will help to guarantee its enforceability in Nevada.

Since the harassment has resumed and you currently reside in Nevada, you can notify local law authorities there of the harassment. Make sure you forward them a copy of your California restraining order. Should the harassment entail interstate activity—that is, cyber threats or harassment—it may also be subject to federal statutes, which law enforcement can investigate.

Should the harassment persist, you could wish to think about requesting a fresh restraining order in Nevada. Although your California order is still legal, obtaining an order particular to Nevada can help Nevada law enforcement enforce and respond more easily.

See an attorney to advise. See a Nevada licensed attorney to be sure you have complete protection and appropriate legal action. They can assist you in registering your California restraining order in Nevada, counsel on reporting the continuous harassment, and assist in looking for any other legal safeguards your new state may require.

Working with legal counsel will give you the most efficient and customized advise for your particular case since every one of them is unique.

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