Section 154-E. Orders of protection; filing and enforcement of out-of-state orders  


Latest version.
  • 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.