- A person authorized by the law of the District to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of the District. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of the District would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of or for the benefit of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of the District for the enforcement of protection orders.
- Except for cases brought under § 16-1005(f) or (g), a tribunal of the District may not enforce a foreign protection order issued by a tribunal of a State that does not recognize the standing of a protected individual to seek enforcement of the order.
- A tribunal of the District shall enforce the provisions of a valid foreign protection order that governs custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing State.
- A foreign protection order is valid if it:
- Identifies the protected individual and the respondent;
- Is currently in effect or was in effect at the time of the violation;
- Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing State; and
- Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an ex parte order, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
- A foreign protection order valid on its face is prima facie evidence of its validity.
- Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
- A tribunal of the District may enforce provisions of a mutual foreign protection order which favor a respondent only if:
- The respondent filed a written pleading seeking a protection order from the tribunal of the issuing State; and
- The tribunal of the issuing State made specific findings in favor of the respondent.
Historical and Statutory
Legislative History of Laws
For Law 14-296, see notes following § 16-1041.
This section is based upon § 3 of the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. See 9, Pt. 1B, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
DC CODE § 16-1042
Current through December 11, 2012
(Apr. 11, 2003, D.C. Law 14-296, § 2(c), 50 DCR 320.)