Dear Justice, can I file an order of protection in NY against someone who does not live in NY? I got into an unsafe situation with someone in Connecticut and I moved to New York after the altercation. The person I want to file the order of protection against still lives in Connecticut. Can I still get an order of protection against him?
Dear Justice Seeker,
Personal Jurisdiction
A court needs to have personal jurisdiction over someone in order to make a ruling affecting the person. One way a court has personal jurisdiction over someone is when the person lives in the state where the court is located. [Read: Ways a NY court obtains personal jurisdiction over someone who does not live in NY]. Whether a person can file an order of protection in NY against someone who does not live in NY depends on if the court can obtain personal jurisdiction over the out-of-state person.
Two Conditions to File Order of Protection in NY Against Someone Who Does Not Live in NY
If the court does not have personal jurisdiction over the out-of-state aggressor then there is another way. New York law allows a person to file an order of protection against her or his aggressor who does not live in New York under two conditions. First, the conduct that led to the protection order must have occurred in New York. And, second, the person who files the order of protection lives in New York or has her permanent home in New York. Anyone can file an order of protection against an out-of-state resident if these two conditions are met.
Good Luck!
Signed Justice
Find it in the New York Consolidated Laws, Family Court Act § 154.
Word of Caution — This post is for educational purposes. It explains what the law states about how to serve someone who does not live in New York with an order of protection. This post does not seek to advice what necessarily will happen to the anonymous Justice Seeker. The law and its processes may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.
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