18 U.S.C. § 2265 — Full faith and credit given to protection orders

submitted 32 years ago by Pub. L. 103-322 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 644 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires jurisdictions to recognize and enforce qualifying protection orders issued by other states, tribes, and territories. It sets due-process, registration, internet-publication, and tribal-jurisdiction rules.

(a) Full faith and credit. A protection order consistent with subsection (b), issued by a state, Indian tribe, or territory, must receive full faith and credit in another state, tribe, or territory and be enforced by its courts and law enforcement as if it were its own order. (b) A state, tribal, or territorial court’s order qualifies if (1) the court had jurisdiction over the parties and subject under its law and (2) the person against whom it was sought received reasonable notice and a chance to be heard sufficient for due process. For an ex parte order, notice and a chance to be heard must be provided within the time required by local law and, in all events, within a reasonable time after issuance. (c) An order against a person who sought protection from abuse by a spouse or intimate partner is not entitled to full faith and credit if (1) no cross-petition or similar writing sought it or (2) one was filed but the court did not specifically find that each party was entitled to an order. (d) (1) The enforcing jurisdiction may not notify or require notice to the person against whom the order was issued that it was registered or filed unless the protected person asks. (2) Enforcement may not require prior registration or filing. (3) A jurisdiction may not publicly post internet information about registration, filing, or issuance of a protection order, restraining order, or injunction if doing so would likely reveal the protected person’s identity or location. It may share court- and law-enforcement information in secure government registries for enforcement. This ban covers orders protecting anyone residing in the jurisdiction, whether or not that jurisdiction issued the order. (e) For this section, an Indian tribal court has full civil jurisdiction to issue and enforce protection orders involving any person in matters arising anywhere in the tribe’s Indian country as defined in § 1151, or otherwise within the tribe’s authority. It may use civil contempt, exclude violators from Indian land, and use other suitable enforcement methods.

the actual law source: uscode.house.gov ↗public domain

(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, filing of a petition for, or issuance 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. The prohibition under this paragraph applies to all protection orders for the protection of a person residing within a State, territorial, or Tribal jurisdiction, whether or not the protection order was issued by that State, territory, or Tribe.

(e)Tribal Court Jurisdiction.—

For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders involving any person, including the authority to enforce any orders through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country of the Indian tribe (as defined in section 1151) or otherwise within the authority of the Indian tribe.

Source credit: (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; Pub. L. 109–162, title I, § 106(a)–(c), Jan. 5, 2006, 119 Stat. 2981, 2982; Pub. L. 109–271, § 2(n), Aug. 12, 2006, 120 Stat. 754; Pub. L. 113–4, title IX, § 905, Mar. 7, 2013, 127 Stat. 124; Pub. L. 117–103, div. W, title I, § 106, Mar. 15, 2022, 136 Stat. 851.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-322 · 108 Stat. 1930
2000Amended · Pub. L. 106-386 · 114 Stat. 1493
2006Amended · Pub. L. 109-162 · 119 Stat. 2981, 2982
2006Amended · Pub. L. 109-271 · 120 Stat. 754
2013Amended · Pub. L. 113-4 · 127 Stat. 124
2022Amended · Pub. L. 117-103 · 136 Stat. 851

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.

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