U.S. Code, Title 18, Crimes and Criminal Procedure

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 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, § 40221(a), Sept. 13, 1994, 108 Stat. 1930; amended Pub. L. 106–386, div. B, title I, § 1101(b)(4), Oct. 28, 2000, 114 Stat. 1493.)

Amendments

     2000—Subsecs. (d), (e). Pub. L. 106–386 added subsecs. (d) and (e).

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 2265. Full Faith and Credit Given to Protection Orders," U.S. Code, Title 18, Crimes and Criminal Procedure in U.S. Code, Title 18, Crimes and Criminal Procedure (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed August 7, 2022, http://www.originalsources.com/Document.aspx?DocID=4TBPZUIB6ZJYWIL.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 2265. Full Faith and Credit Given to Protection Orders." U.S. Code, Title 18, Crimes and Criminal Procedure, in U.S. Code, Title 18, Crimes and Criminal Procedure, Washington, D.C., Government Printing Office, 2002, Original Sources. 7 Aug. 2022. http://www.originalsources.com/Document.aspx?DocID=4TBPZUIB6ZJYWIL.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 2265. Full Faith and Credit Given to Protection Orders' in U.S. Code, Title 18, Crimes and Criminal Procedure. cited in 2002, U.S. Code, Title 18, Crimes and Criminal Procedure, Government Printing Office, Washington, D.C.. Original Sources, retrieved 7 August 2022, from http://www.originalsources.com/Document.aspx?DocID=4TBPZUIB6ZJYWIL.