18 U.S. Code § 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, filing of a petition for, or issuance of a protection order, restraining order or injunction, 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 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.


[1]  So in original. Probably should not be capitalized.

Source

(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.)
Amendments

2013—Subsec. (e). Pub. L. 113–4added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “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.”
2006—Subsec. (a). Pub. L. 109–162, § 106(a)(1), (b), substituted “, Indian tribe, or territory” for “or Indian tribe” wherever appearing and “and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were” for “and enforced as if it were”.
Subsec. (b). Pub. L. 109–162, § 106(a)(2), substituted “State, tribal, or territorial” for “State or tribal” in introductory provisions.
Subsec. (b)(1). Pub. L. 109–162, § 106(a)(1), substituted “, Indian tribe, or territory” for “or Indian tribe”.
Subsec. (b)(2). Pub. L. 109–162, § 106(a)(2), substituted “State, tribal, or territorial” for “State or tribal”.
Subsec. (c). Pub. L. 109–162, § 106(a)(2), substituted “State, tribal, or territorial” for “State or tribal” in introductory provisions.
Subsec. (d)(1). Pub. L. 109–162, § 106(a), substituted “, Indian tribe, or territory” for “or Indian tribe” in two places and “State, tribal, or territorial” for “State or tribal”.
Subsec. (d)(2). Pub. L. 109–162, § 106(a)(2), substituted “State, tribal, or territorial” for “State or tribal”.
Subsec. (d)(3). Pub. L. 109–271, which directed amendment of section 106(c) ofPub. L. 109–162by substituting “the registration, filing of a petition for, or issuance of a protection order, restraining order or injunction” for “the registration or filing of a protection order”, was executed by making the substitution in par. (3), which was added by section 106(c) ofPub. L. 109–162, to reflect the probable intent of Congress.
Pub. L. 109–162, § 106(c), added par. (3).
2000—Subsecs. (d), (e). Pub. L. 106–386added subsecs. (d) and (e).
Special Rule for the State of Alaska

Pub. L. 113–4, title IX, § 910,Mar. 7, 2013, 127 Stat. 126, provided that:
“(a) Expanded Jurisdiction.—In the State of Alaska, the amendments made by sections 904 and 905 [enacting section 1304 of Title 25, Indians, and amending this section, respectively] shall only apply to the Indian country (as defined in section 1151 of title 18, United States Code) of the Metlakatla Indian Community, Annette Island Reserve.
“(b) Retained Jurisdiction.—The jurisdiction and authority of each Indian tribe in the State of Alaska under section 2265 (e) of title 18, United States Code (as in effect on the day before the date of enactment of this Act [Mar. 7, 2013])—
“(1) shall remain in full force and effect; and
“(2) are not limited or diminished by this Act [see Tables for classification] or any amendment made by this Act.
“(c) Savings Provision.—Nothing in this Act or an amendment made by this Act limits or diminishes the jurisdiction of the State of Alaska, any subdivision of the State of Alaska, or any Indian tribe in the State of Alaska.”

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.