18 U.S.C. § 2265 : US Code - Section 2265: Full faith and credit given to protection orders

Search 18 U.S.C. § 2265 : US Code - 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, Indian tribe, or territory (the issuing State, Indian tribe,
or territory) shall be accorded full faith and credit by the court
of another State, Indian tribe, or territory (the enforcing State,
Indian tribe, or territory) and enforced by the court and law
enforcement personnel of the other State, Indian tribal government
or Territory (!1) as if it were the order of the enforcing State or
tribe.
(b) Protection Order. - A protection order issued by a State,
tribal, or territorial court is consistent with this subsection if -

(1) such court has jurisdiction over the parties and matter
under the law of such State, Indian tribe, or territory; 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, tribal, or territorial 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, tribal, or territorial 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, Indian tribe, or territory
according full faith and credit to an order by a court of another
State, Indian tribe, or territory 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, tribal, or territorial
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, tribal, or
territorial jurisdiction.
(3) Limits on internet publication of registration information.
- A State, Indian tribe, or territory shall not make available
publicly on the Internet any information regarding the
registration or filing of a protection order, restraining order,
or injunction in either the issuing or enforcing State, tribal or
territorial jurisdiction, if such publication would be likely to
publicly reveal the identity or location of the party protected
under such order. A State, Indian tribe, or territory may share
court-generated and law enforcement-generated information
contained in secure, governmental registries for protection order
enforcement purposes.
(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.