Legislation
SECTION 154-E
Orders of protection; filing and enforcement of out-of-state orders
Family Court Act (FCT) CHAPTER 686, ARTICLE 1, PART 5
§ 154-e. Orders of protection; filing and enforcement of out-of-state
orders. 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.
orders. 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.