2006 New York Code - Orders Of Protection; Filing And Enforcement Of Out-of-state Orders.

 
    §  154-e. Orders of protection; filing and enforcement of out-of-state
  orders. A valid order of protection or  temporary  order  of  protection
  issued   by   a  court  of  competent  jurisdiction  in  another  state,
  territorial or tribal jurisdiction shall  be  accorded  full  faith  and
  credit and enforced under article eight of this act as if it were issued
  by  a  court within the state for as long as the order remains in effect
  in the issuing jurisdiction in accordance with sections two thousand two
  hundred sixty-five and two  thousand  two  hundred  sixty-six  of  title
  eighteen of the United States Code.
    1.  An  order  issued  by a court of competent jurisdiction in another
  state, territorial or tribal jurisdiction shall be deemed valid if:
    a. the issuing court had personal jurisdiction over  the  parties  and
  over the subject matter under the law of the issuing jurisdiction;
    b.  the person against whom the order was issued had reasonable notice
  and an opportunity to be heard prior to issuance of the order; provided,
  however, that if the order was a temporary order of protection issued in
  the absence of such person, that notice  had  been  given  and  that  an
  opportunity  to be heard had been provided within a reasonable period of
  time after the issuance of the order; and
    c. in the  case  of  orders  of  protection  or  temporary  orders  of
  protection issued against both a petitioner and respondent, the order or
  portion  thereof  sought to be enforced was supported by: (i) a pleading
  requesting such order,  including,  but  not  limited  to,  a  petition,
  cross-petition  or  counterclaim;  and  (ii) a judicial finding that the
  requesting party is entitled to the issuance  of  the  order  which  may
  result  from  a  judicial  finding  of  fact,  judicial acceptance of an
  admission by the party against whom the order  was  issued  or  judicial
  finding  that  the  party  against  whom  the order was issued had given
  knowing, intelligent and voluntary consent to its issuance.
    2. Notwithstanding the provisions of article fifty-four of  the  civil
  practice  law  and  rules,  an order of protection or temporary order of
  protection issued by a court of competent jurisdiction in another state,
  territorial or tribal jurisdiction, accompanied  by  a  sworn  affidavit
  that  upon information and belief such order is in effect as written and
  has not been vacated or modified, may be  filed  without  fee  with  the
  clerk of the family court, who shall transmit information regarding such
  order  to  the  statewide  registry of orders of protection and warrants
  established  pursuant  to  section  two  hundred  twenty-one-a  of   the
  executive  law;  provided,  however, that such filing and registry entry
  shall not be required for enforcement of the order.