If I have a Restraining Order against my girlfriend here in
California, U.S.A. is it good or will it work while I'm a student in
Paris, France this upcoming academic year?  What if she comes to visit
me in France?  Do the same laws apply there - am I protected under the
California restraining order while residing in a foreign country?

Dear jjt123-ga;

Thank you for allowing me an opportunity to answer your interesting question.

Unfortunately, for you, the answer is NO. A US restraining order
issued by a state Judge in California is not enforceable outside that
jurisdiction. In other words, a judge cannot order someone in another
state to refrain from contacting another party when neither party is
in his or her legal jurisdiction. Once you remove yourself from the
protection of California state laws (or court orders) you and the
other party are both subject to the laws in whatever state or federal
jurisdiction you find yourself in (whether it is in the US or abroad).

That of course is not to say that the authorities in Paris won?t take
it into consideration that you have a active US restraining order
against this woman should she show up at your school and harass you
while you are in Paris ? but neither does it guarantee that they WILL
take it into consideration either. The fact is, a foreign authority is
not required to enjoin or enforce the injunction (or bond) established
by the US court.

A perfect example of a situation where foreign countries do not
enforce State (US) court orders would be those involving child custody
 - which, I? sure you will agree, are much more serious that an
annoying girlfriend, yet they still do not recognize the courts order
and will not enforce it.

Your best bet is to prosecute her in Paris if she shows up on your
doorstep. If she is violating the law there you should have no problem
explaining to the local law enforcement that she is harassing you. If
you are planning to be there a significant period of time, it might
even be prudent to obtain an injunction against her in Paris so you
can put al this behind you and get back to your studies.

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher

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Request for Answer Clarification by jjt123-ga on 10 Jul 2005 15:01 PDT

Thank you for the information.  If she does indeed confront me in
Paris (I will be there this entire upcoming academic year) can I then
return home to California and bring her to court and explain that she
harassed me in Paris while I was there?  Would the California court
take this into consideration and consider this a violation of the
order?  Could she be convicted at a later time for confronting me in
Paris?

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Clarification of Answer by tutuzdad-ga on 10 Jul 2005 15:31 PDT

The answer is NO on all counts. French law is French law and US law is
US law. Neither has legal jurisdiction over what occurs on the other's
soil.

tutuzdad-ga

Thanks for the time.  Great answer!

I would ask your student law office, but I would think not.  You could
bring a copy, but the authorities most probably won't recognise it. 
However, ask your school law office.  If they let Roman Polanski in,
then I'm sure France will allow your gf to visit.

good luck

I wou;d highly doubt this. The French have a very different law system
from the USA as we have Federalism and so on. The best thing to do
would be to ask either the immigration service or the Justice ministry
of the country you are residing in right now and I hope that youre
girlfriend won't be able to find you in a sprawling metropolis like
Paris.

jjt123,

You sound as if you have your plans ready, but this is great:
Legal Living in France
http://www.transitionsabroad.com/publications/magazine/0111/legal_living_in_france.shtml

Note paragraph #3 & #4:

..." The next step is to go to the French consulate in your state of
residence with all the necessary papers. The documents you will need
vary from state to state, so check your local consulate web site.

Once in France, the first thing you need to do is get your Carte de
Sejour at the police prefecture. Take with you to the prefecture: your
final registration at the school of your choice (which you receive
after taking your placement test), proof of payment of tuition, and
proof of health insurance..."


This is when you will ultimately find out how to deal with the
restraining order.  Be sure to take lots of certified copies.

~~Cynthia

You mean "ex-"girlfriend, no?

Within the United States, you get the benefit of "full faith and
credit", for enforcing the restraining order in other jurisdictions -
although you may have to register the order with a court in the other
state, and provide notice to the other party and opportunity to
challenge the registration, before it may be enforced. With regard to
personal protection orders, some states now have statutes which
automatically recognize such orders issued by other states. Any person
who is the recipient of a PPO should keep a copy on their person at
all times. (It is helpful to keep a certified copy which, if not
provided when the order was issued, can be obtained from the Clerk of
the Court in the county which issued the order.)

If you do believe that you will need to rely upon the protection order
while you are in France, you should consult the French Embassy about
France's requirements for recognizing a foreign order. It may be
necessary to obtain a translation through a certified translator, for
example, in order for a French court to even consider its existence.
It would be helpful to know any such requirements (and to take
appropriate actions) in advance.

If the subject of the order is a serious threat, you may wish to see
if you can get the court which issued the order to also issue an order
that she surrender her passport during the time you are in France.