2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 61 - Protection from Abuse
6104 - Full faith and credit and foreign protection orders.

     § 6104.  Full faith and credit and foreign protection orders.
        (a)  General rule.--A court shall recognize and enforce a
     valid foreign protection order issued by a comparable court. The
     validity of a foreign protection order shall only be determined
     by a court.
        (b)  Affirmative defense.--Failure by a comparable court to
     provide reasonable notice and opportunity to be heard shall be
     an affirmative defense to any charge or process filed seeking
     enforcement of a foreign protection order. A comparable court
     shall have complied with that court's notice requirements and
     shall have given the defendant the opportunity to be heard
     before the foreign order was issued. In the case of ex parte
     orders, the comparable court shall have complied with that
     court's notice requirements and have given the defendant an
     opportunity to be heard within a reasonable period of time after
     the order was issued, consistent with due process.
        (c)  Invalid orders.--A foreign protection order issued by a
     comparable court against a party who has filed a petition,
     complaint or other written pleading for a protection order is
     not valid and not entitled to full faith and credit if:
            (1)  no cross or counter petition, complaint or other
        written pleading was filed seeking the protection order; or
            (2)  a cross or counter petition, complaint or other
        written pleading was filed and the court did not make a
        specific finding that each party was entitled to a protection
        order.
        (d)  Filing a foreign protection order.--A plaintiff may file
     a certified copy of a foreign protection order with the
     prothonotary in any county within this Commonwealth where the
     plaintiff believes enforcement may be necessary. The following
     provisions shall apply:
            (1)  No costs or fees associated with filing a foreign
        protection order shall be assigned to the plaintiff,
        including the cost of obtaining certified copies of the
        order. Costs and fees associated with filing a foreign
        protection order may be assessed against the defendant.
            (2)  Upon filing of a foreign protection order, a
        prothonotary shall transmit, in a manner prescribed by the
        Pennsylvania State Police, a copy of the order to the
        Pennsylvania State Police registry of protection orders.
            (3)  Filing of a foreign protection order shall not be a
        prerequisite for service and enforcement.
        (e)  Orders issued in another judicial district within this
     Commonwealth.--The filing of an order issued in another judicial
     district within this Commonwealth is not required for
     enforcement purposes.
     (Oct. 6, 1994, P.L.574, No.85, eff. 60 days; June 22, 2001,
     P.L.576, No.39, eff. 60 days; Nov. 10, 2005, P.L.335, No.66,
     eff. 180 days)

        2005 Amendment.  Act 66 amended subsec. (d).
        Cross References.  Section 6104 is referred to in section
     6105 of this title.