When Is a Protection Order Entitled to Full Faith and Credit?
Under 18 U.S.C.§2265, a sister state or tribal protection order must be given full faith and credit if: 1) the issuing court had jurisdiction under the laws of its state or tribe; and, 2) the person subject to the order had notice and a reasonable opportunity to be heard. The statute provides: “(a) Any protection order issued that is consistent with [18 U.S.C.§2265(b)] 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) 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 t
