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Moving to a new state with a violence protective order

In some cases, those who have a violence protective order against another person may wish to move out of the state. However, many do not know if their protective order will protect them once they establish residence in another state. The short answer is that, if the parent has a valid Georgia protective order, the parent is protected as long as the order meets federal requirements.

In order to be valid under federal law, the order must meet three specific requirements. The first of these requirements is that the order was issued in order to prevent violence and threats of sexual abuse or harassment. Additionally, the order must keep the other person from contact. Second, the court that issued the violence protective order must have had the authority to hear the case. Third and finally, the alleged abuser must have knowledge of the order against them and they must have had the opportunity to give their testimony in court.

Temporary ex parte orders can also protect individuals who move to other states. However, the alleged abuser must have received notification of the order and must have had the opportunity to appear in court on their own behalf. It should be noted that the order can only usually be extended in the state where the order was issued. A person can apply for a new order, but this will alert the alleged abuser to where the person is living.

When someone needs domestic violence protection from someone else, it can be difficult to determine the best route for seeking that protection. A family law attorney can assist those who need immediate protection from threats of sexual harassment, stalking and emotional or physical violence. They may also offer advice regarding enforcing the order if needed.

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