Who has jurisdiction?

[AWorkOfArt]

What is the name of your state? Georgia
If I want to get a restraining order on someone who lives in another state, where do I file? Who has jurisdiction to grant an order? Is it where I live or where the person who I want a restaining order on lives?

 

[seniorjudge]

What is the name of your state? Georgia
If I want to get a restraining order on someone who lives in another state, where do I file? Who has jurisdiction to grant an order? Is it where I live or where the person who I want a restaining order on lives?

You will need to apply for the restraining order in the place where the incident happened.

Now, there may be exceptions to this. If you live, for example, in one county in Georgia but the incident happened in another county in Georgia, you may be able to get an order in your home county.

Of course, once you get the order in Georgia, it may be a little difficult to get it served on the other person who is in another state.

If you go to the courthouse and ask all your questions, they will answer them. All of your questions have been asked before.

 

[AWorkOfArt]

"where the incident happened" The incident was a phone call, so if the phone call was made from the other State to my State (Georgia). Which state did it happen in?

 

[seniorjudge]

"where the incident happened" The incident was a phone call, so if the phone call was made from the other State to my State (Georgia). Which state did it happen in?

Probably your state.

As I said, go to the courthouse and ask your questions.

 

[JETX]

What is the name of your state? Georgia
If I want to get a restraining order on someone who lives in another state, where do I file? Who has jurisdiction to grant an order? Is it where I live or where the person who I want a restaining order on lives?

And the REAL answer is... You likely cannot get a TRO at all. The simple matter is... the courts won't issue one across state lines as it is useless (the court has no jurisdiction 'over there'). Second, TRO's are for SERIOUS threats... and phone calls don't count.

 

[seniorjudge]

"where the incident happened" The incident was a phone call, so if the phone call was made from the other State to my State (Georgia). Which state did it happen in?

What was the phone call about?

Did you have a previous relationship with this person?

Has this person committed any acts against you in Georgia?

 

[AWorkOfArt]

if they issue a TRO in error and don't pay attention that the person lived in another stated is now a VOID ORDER?

 

[AWorkOfArt]

What was the phone call about?

Did you have a previous relationship with this person?

Has this person committed any acts against you in Georgia?

It's a complicated situation and the call was of no threat.

 

[JETX]

the call was of no threat.

Then NO TRO.

 

[AWorkOfArt]

but one was issued

 

[JETX]

but one was issued

On what basis???
If one a non-threatening phone call... it was likely issued as a 'warm fuzzy' feel-good TRO.
That is one without any real benefit... since the court saw that it unlikely for the TRO to be violated.

 

[AWorkOfArt]

On what basis???
If one a non-threatening phone call... it was likely issued as a 'warm fuzzy' feel-good TRO.
That is one without any real benefit... since the court saw that it unlikely for the TRO to be violated.

To be honest I feel the order was issued because judges feel like they better be safe than sorry. The order was issued and I think the court failed to recognize that they had no jurisdiction to grant either the TRO or otherwise. is there any reprecautions for the judge or court system that went beyound their authority even if it was in error?

 

[CdwJava]

To be honest I feel the order was issued because judges feel like they better be safe than sorry. The order was issued and I think the court failed to recognize that they had no jurisdiction to grant either the TRO or otherwise. is there any reprecautions for the judge or court system that went beyound their authority even if it was in error?

If the court had sufficient cause to issue the TRO, they can issue it. The court can issue a TRO against another individual even in another state ... service would be an issue, and arresting the subject of the TRO if he continued to call would be unlikely. Since TROs issued by a court in any state are generally enforceable in all 50 states, legality isn't an issue ... practicality is.

So, my recommendation would be do not call the protected party any more, and just leave it alone.

- Carl

 

[JETX]

Since TROs issued by a court in any state are generally enforceable in all 50 states, legality isn't an issue ... practicality is.

Sorry, but wrong. A TRO does NOT extend beyond the courts jurisdiction.

"The scope of a state's criminal jurisdiction is generally restricted to its territory."
See LEA BRILMAYER, AN INTRODUCTION TO JURISDICTION IN THE AMERICAN FEDERAL SYSTEM 321 (1986). See also B.J. George, Jr., Extraterritorial Application of Penal Legislation, 64 MICH. L. REV. 609, 626 (1966)

"A State cannot punish a defendant for conduct that may have been lawful where it occurred....Nor, as a general rule, does a State have a legitimate concern in imposing punitive damages to punish a defendant for unlawful acts committed outside of the State’s jurisdiction."
State Farm Mutual Automobile Insurance Co. v. Campbell_ (2003) 538 U.S. 408, 425

"Acts done outside a jurisdiction, but intended to produce and producing detrimental effects within it, justify a state in punishing the cause of the harm as if he had been present at the effect, if the state should succeed in getting him within its power." Strassheim v. Daily_ (1911) 221 U.S. 280, 285

Bottom line... the restraining order issued in Georgia has NO effect on a subject who is not IN Georgia.

 

[CdwJava]

Sorry, but wrong. A TRO does NOT extend beyond the courts jurisdiction.

That will come as news to law enforcement. State law in at least two states - CA and OR - REQUIRES us to honor court orders from other states. And, as I was recently told by representatives of CA DOJ and the FBI, all 50 states supposedly have such statutes as well.

But, if the crime occurred in GA and a restraining order were issued, GA would have to issue a warrant on the matter. The other state would not be involved unless the protected party were actually within the state. If the TRO violation occurred in my state and it involved a GA TRO, then we would be REQUIRED to honor GA's TRO and make the arrest.

"A State cannot punish a defendant for conduct that may have been lawful where it occurred....Nor, as a general rule, does a State have a legitimate concern in imposing punitive damages to punish a defendant for unlawful acts committed outside of the State’s jurisdiction."

However, the crime here is occurring within the jurisdiction of the court. The crime is complete when it is received ... thus it is occuring in GA, and thus the GA courts have jurisdiction.

It is not uncommon out here for subjects in my part of the state to have restraining orders issued against parties in Oregon and vice-versa. The only difficulty WE have is that OR has a strange two level TRO system that sometimes requires the local sheriff's department there to confirm a TRO for criminal enforcement.

Bottom line... the restraining order issued in Georgia has NO effect on a subject who is not IN Georgia.

Until he violates it in which case a crime has occurred in GA.

I do not know the legalities of service outside the state, but I know that it happens with some regularity on this coast. I also agree that this is not an issue for a TRO as it probably could have been better handled as a criminal complaint for whatever GA's equivalent is for "annoying and harassing phone calls". But, I doubt that the court did anything unlawful in issuing a TRO to a subject who had arguably committed an offense or an act covered under their laws within the confines of their state.

- Carl