N.Y. Family Court Act § 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

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.