2013 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 110A - DOMESTIC VIOLENCE AND STALKING (§§ 2261 - 2266)
Section 2265 - Full faith and credit given to protection orders
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 110A - DOMESTIC VIOLENCE AND STALKING Sec. 2265 - Full faith and credit given to protection orders |
Contains | section 2265 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
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. |
Statutes at Large References | 108 Stat. 1930 114 Stat. 1493 119 Stat. 2981 120 Stat. 754 127 Stat. 124, 126 |
Public Law References | Public Law 103-322, Public Law 106-386, Public Law 109-162, Public Law 109-271, Public Law 113-4 |
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(a)
(b)
(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)
(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)
(1)
(2)
(3)
(e)
(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.)
AMENDMENTS2013—Subsec. (e). Pub. L. 113–4 added 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) of Pub. L. 109–162 by 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) of Pub. 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. 106–386 added subsecs. (d) and (e).
SPECIAL RULE FOR THE STATE OF ALASKAPub. L. 113–4, title IX, §910, Mar. 7, 2013, 127 Stat. 126, provided that:
"(a)
"(b)
"(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)
1 So in original. Probably should not be capitalized.
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