Who has jurisdiction?

[AWorkOfArt]

No, the point is that all 50 states are supposed to recognize the court orders of all the other states.

Whether they can effectively be enforced depends on the particular circumstances. But an order does NOT have to be "domesticated" to be enforceable in most cases.

- Carl

NO. the question is if I walk into the court here in GA and file a restraining order on a person in California can I get one? Does Georgia have jurisdiction to issue the TRO?

I found this, "While a Judge may issue orders to control his court, he has no lawful authority to issue any order which violates the Supreme Law of the Land. The First Amendment to the U.S. Constitution states that all entities have the mandatory right of an adequate, complete, effective, fair, full meaningful and timely access to the court."

and this, "This principle of law was stated by the U.S. Supreme Court as “Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply VOID, AND THIS IS EVEN PRIOR TO REVERSAL.” [Emphasis added]. Vallely v. Northern Fire and Marine Ins. Co., 254 U.S. 348, 41 S. Ct. 116 (1920). See also Old Wayne Mut. I. Assoc. v. McDonough, 204 U.S. 8, 27 S.Ct. 236 (1907); Williamson v. Berry, 8 How. 495, 540, 12 L. Ed, 1170, 1189, (1850); Rose v. Himely, 4 Cranch 241, 269, 2 L.Ed. 608, 617 (1808)."
in 1991, the U.S. Supreme Court stated that, “Since such jurisdictional defect deprives not only the initial court but also the appellate court of its power over the case or controversy, to permit the appellate court to ignore it. …[Would be an] unlawful action by the appellate court itself.” Freytag v. Commissioner, 501 U.S. 868 (1991); Miller, supra. Following the same principle, it would be an unlawful action for a court to rely on an order issued by a judge who did not have subject-matter jurisdiction and therefore the order he issued was Void ab initio."

I read that Jurisdiction was over the people, property and territories of the state that the court is in.
And, "State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment, "...nor deny to any person within its jurisdiction the equal protection of the laws."

 

[AWorkOfArt]

CDwJava, you quoted,"In addition to enforcing protective orders issued within a state, law enforcement agencies and state courts also must recognize orders issued in another state or jurisdiction. The full faith and credit provisions of the 1994 Violence Against Women Act (VAWA) require that every temporary or final injunction, protective order, or restraining order properly issued by a state court be given full faith and credit by courts in every other state."

Notice that the validation process in some states say, "properly issued by a state court" WAS IT PROPERLY ISSUED is the question?

 

[JETX]

Notice that the validation process in some states say, "properly issued by a state court" WAS IT PROPERLY ISSUED is the question?

There is nothing to suggest the order isn't proper.... and we can't tell without looking at it.

 

[AWorkOfArt]

Hopefully this clears up the matter ... for good or ill .... and it appears that everyone can be right on this one (depending on their state) ...

From the OJP at the USDOJ (note it discusses a validation process in some states):

Full Faith and Credit Provisions

In addition to enforcing protective orders issued within a state, law enforcement agencies and state courts also must recognize orders issued in another state or jurisdiction. The full faith and credit provisions of the 1994 Violence Against Women Act (VAWA) require that every temporary or final injunction, protective order, or restraining order properly issued by a state court be given full faith and credit by courts in every other state.

Most states have passed their own full faith and credit laws. Under state provisions, the terms of a foreign protective order (i.e., an order issued in another state) must be enforced as though it were issued by the new state. This means that the new state’s remedies and sanctions apply, even if they differ from those of the issuing state. As the Colorado General Assembly recognized, “domestic violence is an issue of public safety. The risk of harm to victims of domestic violence is not limited by state boundaries. Victims have the right to travel safely from one state, tribe, or territory to another and be afforded the same protections as their home state would provide against a perpetrator.” The goal of these VAWA-required provisions is to ensure enforcement of civil and criminal protective orders nationwide, even when victims cross state lines to escape abuse.

In some states, such as Montana, foreign protective orders must be filed formally to be enforceable:

A certified copy of an order of protection from another state, along with proof of service, may be filed in a Montana court with jurisdiction over orders of protection in the county where the petitioner resides. If properly filed in Montana, an order of protection issued in another state must be enforced in the same manner as an order of protection issued in Montana.

In Kentucky, a victim filing a foreign protective order must file an affidavit along with the order certifying “the validity and status of the foreign protective order, and attest[ing] to the person’s belief that the order has not been amended, rescinded, or superseded by any orders from a court of competent jurisdiction. All foreign protective orders presented with a completed and signed affidavit shall be accepted and filed.” In addition, the circuit court clerk in Kentucky must validate each foreign protective order annually by contacting the original issuing court. If validation is not received from the foreign jurisdiction within 31 days of the request, the invalidated order shall be cleared from Kentucky’s registry.

In order to assist a court of another state in determining whether a protective order issued in [Kentucky] is entitled to full faith and credit, . . . all protective orders issued [in Kentucky] . . . shall include a Statement certifying that the issuing court had jurisdiction over the parties and the matter, and that reasonable notice and opportunity to be heard has been given to the person against whom the order is sought sufficiently to protect that person’s right to due process.

Requirements like this help streamline the validation process and ensure that protection of the victim is continued without interruption.

In other states, such as Colorado, filing a foreign protective order is voluntary:

Filing of the foreign protection order in the central registry or otherwise domesticating or registering the order . . . is not a prerequisite to enforcement of the foreign protection order. A peace officer shall presume the validity of, and enforce . . . a foreign protection order that appears to be an authentic court order that has been provided to the peace officer by any source.

Likewise, Arizona law enforcement officers may rely on a copy of a protection order issued by another state, a United States territory, or an Indian tribe. In addition, a “peace officer may . . . rely on the Statement of any person who is protected by the order that the order remains in effect.”

http://www.ojp.usdoj.gov/ovc/publications/bulletins/legalseries/bulletin4/2.html


- Carl

CdwJava, I know this thread is dead and gone but I just read something that I wanted to add. when a restraining order is issued by a court it has a CERTIFICATE OF COMPLIANCE noted on it that reads, "This protective order meets all Full Faith and Credit Requirements of the Violence Against Women ACT, 18 U.S.C. 2265 (1994) (VAWA). This court has jurisdiction over the parties and the subject matter; the restrained person has been afforded reasonable notice and an opportunity to be heard as provided by laws of this jurisdiction..."

 

[45Frank]

Since this thread is so far gone her it goes from my many trips to the court room.
I have a FRO in one county in NJ. two counties away only 50 miles I have an order from a superior court judge that says he will not honor a FRO from enother County for he has no Juristiction writtten in the order. The X knows this and broke it 20+ times and they let her walk everytime.
Yet i moved a thousand miles away and went to the majistrates office and was assured they have to by law honor an out of state FRO.
So too all of you with the nice legal advice GO FIGURE.

 

[CdwJava]

Since this thread is so far gone her it goes from my many trips to the court room.
I have a FRO in one county in NJ. two counties away only 50 miles I have an order from a superior court judge that says he will not honor a FRO from enother County for he has no Juristiction writtten in the order. The X knows this and broke it 20+ times and they let her walk everytime.
Yet i moved a thousand miles away and went to the majistrates office and was assured they have to by law honor an out of state FRO.
So too all of you with the nice legal advice GO FIGURE.

Even judges can be idiots with small minds and big egos.

- Carl

 

[seniorjudge]

Even judges can be idiots with small minds and big egos.

- Carl

I agree.....