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protection orders

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  • protection orders

    The courts in Colorado issued a criminal (?) protection order against my husband protecting my son and myself. I moved to Tennessee the day that it was issued. It does protect us through his probation (the trial is on the 26th of August), but I did not file a civil restraining order while in Colorado. Stupid, I know. Can I file for a civil restraining order while I am in Tennessee? If so, my son and I are that much more protected from my husband. Thanks.

  • #2
    Orders of Protection

    If the order was issued in another state and is an order of protection then get a file marked copy and keep it with you at all times also just to be safe go by the court house and file a copy of it with the local law enforcement so they are aware of the order. Under full faith and credit laws you order of protection if it is an order of protection is just as valid in texas as in the state it was obtained. If you husband goes across state lines to violate the order then it can also be prosecuted as an interstate violation of the order and carry a much stiffer penalty than county charges. Call you texas coalition against domestic violence
    Last edited by tonette cartwright; 08-02-2005, 08:54 AM.


    • #3
      not the info i needed

      I am in Tennessee now, not Texas. I know that the protection order is valid no matter where I am. I have copies in all of my friends' cars, my work, the police station, my purse, the diaper bag, every family member's cars and homes. I need to know if I have to go back to Colorado to file a civil protection order since that is the state in which all of the charges are filed, or can I file in Tennessee where I live now?


      • #4
        an Extra order

        Why do you feel you need an extra order of protection is you already have one that is honored in all states? What would your benefit be.... You can get an order in the area that you reside, it does not have to be where the crime was committed if it is a civil order....


        • #5
          In this case, I am going to say probably not. The conduct occurred in CO, so CO has preferred jurisdiction, not TN. You may be able to file via an attorney who can go to court on your behalf. However, the existing order will be recognized in all states.
          Last edited by elklaw; 08-04-2005, 07:46 PM.


          • #6
            many reasons

            I only have a criminal protection order. If for some reason, he is found not guilty or his sentence is reduced, the protection order is only in effect for a limited amount of time. A civil protection order can last as long as I need it. My husband is dangerous. I would feel safer having a civil protection order as well. Thanks also for letting me know about jurisdiction. I will check into that.


            • #7
              civil protection orders

              jurisdiction on civil protection orders are a little bit different than with criminal protection orders following a crime (such as a no-contact order). While jurisdiction on criminal proceedings lies in the county where the crime is committed, a civil order carries a different jurisdiction of service and it falls within the county you reside in or the county that he resides in as well. Most areas go with the county that the victim resides in but the law dictates that jurisdiction can also be found validated in the county he (perpetrator) resides. No contact orders or criminal protection orders usually last through out the court process but at the request of the victim they can be continued legally for up to a year after the crime has occured. Restraining orders can be obtained for a lifetime but hold no real value since it is only a contempt charge if violated and you have to bring the violator to court to press charges through an attorney and a civil process and it will cost you money out of your pocket. Where as a violation of an order of protection falls into a misdemeanor crime category and carries a one year incarceration in jail and/or $1000.00 fime. You do not have to hire an attorney to proceed with a violation of an order of protection. Local law enforcement can proceed with charges from your report


              • #8
                order of protection

                I would definitely call your state coalition against domestic violence, they probably have a web site listed as such. You need to get your civil order if at all possible before your court date and they can tell you where to go. When you go to court this month if it is trial day ask for the order to be continued for a long as possible as well. Most places will not piggyback orders of protection but they can if they want to many times it is seen as a lack of relief to the courts to duplicate them and there is a law as such in arkansas where a courty does not as a relief to the courts have to issue an order of protection if the victim is already covered by another order. Most jurisdictions see it as a liability risk if they do not issue an additional order at the request of a victim so often times they do it anyway. They can go either way by law.


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