§ 154-E — Orders of protection; filing and enforcement of out-of-state orders

§ 154-e. Orders of protection; filing and enforcement of out-of-state\norders. A valid order of protection or temporary order of protection\nissued by a court of competent jurisdiction in another state,\nterritorial or tribal jurisdiction shall be accorded full faith and\ncredit and enforced under article eight of this act as if it were issued\nby a court within the state for as long as the order remains in effect\nin the issuing jurisdiction in accordance with sections two thousand two\nhundred sixty-five and two thousand two hundred sixty-six of title\neighteen of the United States Code.\n 1. An order issued by a court of competent jurisdiction in another\nstate, territorial or tribal jurisdiction shall be deemed valid if:\n a. the issuing court had personal jurisdiction over the parties and\nover the subject matter under the law of the issuing jurisdiction;\n b. the person against whom the order was issued had reasonable notice\nand an opportunity to be heard prior to issuance of the order; provided,\nhowever, that if the order was a temporary order of protection issued in\nthe absence of such person, that notice had been given and that an\nopportunity to be heard had been provided within a reasonable period of\ntime after the issuance of the order; and\n c. in the case of orders of protection or temporary orders of\nprotection issued against both a petitioner and respondent, the order or\nportion thereof sought to be enforced was supported by: (i) a pleading\nrequesting such order, including, but not limited to, a petition,\ncross-petition or counterclaim; and (ii) a judicial finding that the\nrequesting party is entitled to the issuance of the order which may\nresult from a judicial finding of fact, judicial acceptance of an\nadmission by the party against whom the order was issued or judicial\nfinding that the party against whom the order was issued had given\nknowing, intelligent and voluntary consent to its issuance.\n 2. Notwithstanding the provisions of article fifty-four of the civil\npractice law and rules, an order of protection or temporary order of\nprotection issued by a court of competent jurisdiction in another state,\nterritorial or tribal jurisdiction, accompanied by a sworn affidavit\nthat upon information and belief such order is in effect as written and\nhas not been vacated or modified, may be filed without fee with the\nclerk of the family court, who shall transmit information regarding such\norder to the statewide registry of orders of protection and warrants\nestablished pursuant to section two hundred twenty-one-a of the\nexecutive law; provided, however, that such filing and registry entry\nshall not be required for enforcement of the order.\n