18 U.S.C. sec. 2265

 

UNITED STATES CODE ANNOTATED

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 110A - - DOMESTIC VIOLENCE AND STALKING

 

 

§ 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.