§ 2265. — Full faith and credit given to protection orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC2265]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING
Sec. 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.
(Added Pub. L. 103-322, title IV, Sec. 40221(a), Sept. 13, 1994, 108
Stat. 1930; amended Pub. L. 106-386, div. B, title I, Sec. 1101(b)(4),
Oct. 28, 2000, 114 Stat. 1493.)
Amendments
2000--Subsecs. (d), (e). Pub. L. 106-386 added subsecs. (d) and (e).
