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.