Is it possible to get a restraining order if the abuser lives in a different state?
Generally speaking, it is not possible to get a restraining order if the abuser lives in a different state. In South Carolina, restraining orders are issued through the family court system and the family court generally does not have jurisdiction over people in other states. For a restraining order to be effective, it must be served on the abuser in the same state in which it was issued, and this cannot be done in another state. However, if the domestic abuser travels to South Carolina, or if the victim will be traveling to a different state where the abuser lives, then they may be able to seek a restraining order from the family court in that state. This is known as a “long arm” restraining order, which allows the court to have jurisdiction over the abuser if they are from out of state. Additionally, if the domestic abuser has committed a federal crime, then a federal restraining order can be enforced nationwide. This kind of restraining order can be issued by the federal court system and will be binding on all states. In any case, if you are a victim of domestic abuse, it is important to seek the advice of an experienced lawyer who can help you determine the best course of action.
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