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U.S. Code as of:
01/19/04
Section 2265. Full faith and credit given to protection orders
(a) Full Faith and Credit. - Any protection order issued that is
consistent with subsection (b) of this section by the court of one
State or Indian tribe (the issuing State or Indian tribe) shall be
accorded full faith and credit by the court of another State or
Indian tribe (the enforcing State or Indian tribe) and enforced as
if it were the order of the enforcing State or tribe.
(b) Protection Order. - A protection order issued by a State or
tribal court is consistent with this subsection if -
(1) such court has jurisdiction over the parties and matter
under the law of such State or Indian tribe; and
(2) reasonable notice and opportunity to be heard is given to
the person against whom the order is sought sufficient to protect
that person's right to due process. In the case of ex parte
orders, notice and opportunity to be heard must be provided
within the time required by State or tribal law, and in any event
within a reasonable time after the order is issued, sufficient to
protect the respondent's due process rights.
(c) Cross or Counter Petition. - A protection order issued by a
State or tribal court against one who has petitioned, filed a
complaint, or otherwise filed a written pleading for protection
against abuse by a spouse or intimate partner is not entitled to
full faith and credit if -
(1) no cross or counter petition, complaint, or other written
pleading was filed seeking such a protection order; or
(2) a cross or counter petition has been filed and the court
did not make specific findings that each party was entitled to
such an order.
(d) Notification and Registration. -
(1) Notification. - A State or Indian tribe according full
faith and credit to an order by a court of another State or
Indian tribe shall not notify or require notification of the
party against whom a protection order has been issued that the
protection order has been registered or filed in that enforcing
State or tribal jurisdiction unless requested to do so by the
party protected under such order.
(2) No prior registration or filing as prerequisite for
enforcement. - Any protection order that is otherwise consistent
with this section shall be accorded full faith and credit,
notwithstanding failure to comply with any requirement that the
order be registered or filed in the enforcing State or tribal
jurisdiction.
(e) Tribal Court Jurisdiction. - For purposes of this section, a
tribal court shall have full civil jurisdiction to enforce
protection orders, including authority to enforce any orders
through civil contempt proceedings, exclusion of violators from
Indian lands, and other appropriate mechanisms, in matters arising
within the authority of the tribe.
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