18 U.S.C. § 2265 — Full faith and credit given to protection

Page 554 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2265 1 So in original. Probably should not be capitalized. Subsec. (c). Pub. L. 104–132, § 205(d)(3), (4), added sub- sec. (c) and struck out former subsec. (c) which read as follows: ‘‘AFFIDAVIT.—Within 60 days after conviction and, in any event, not later than 10 days before sen- tencing, the United States Attorney (or such Attor- ney’s delegate), after consulting with the victim, shall prepare and file an affidavit with the court listing the amounts subject to restitution under this section. The affidavit shall be signed by the United States Attorney (or the delegate) and the victim. Should the victim ob- ject to any of the information included in the affidavit, the United States Attorney (or the delegate) shall ad- vise the victim that the victim may file a separate affi- davit and assist the victim in the preparation of the af- fidavit.’’ Subsecs. (d) to (g). Pub. L. 104–132, § 205(d)(3), struck out subsecs. (d) to (g), which related, respectively, to objection, additional documentation and testimony, final determination of losses, and restitution in addi- tion to punishment. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–132 effective, to extent constitutionally permissible, for sentencing pro- ceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title. § 2265. Full faith and credit given to protection orders (a) FULL FAITH AND CREDIT.—Any protection order issued that is consistent with subsection (b) of this section by the court of one State, In- dian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory 1 as if it were the order of the enforcing State or tribe. (b) PROTECTION ORDER.—A protection order issued by a State, tribal, or territorial court is consistent with this subsection if— (1) such court has jurisdiction over the par- ties and matter under the law of such State, Indian tribe, or territory; and (2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that per- son’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time re- quired by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the re- spondent’s due process rights. (c) CROSS OR COUNTER PETITION.—A protection order issued by a State, tribal, or territorial court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or inti- mate partner is not entitled to full faith and credit if— (1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or (2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order. (d) NOTIFICATION AND REGISTRATION.— (1) NOTIFICATION.—A State, Indian tribe, or territory according full faith and credit to an order by a court of another State, Indian tribe, or territory shall not notify or require notifi- cation of the party against whom a protection order has been issued that the protection order has been registered or filed in that enforcing State, tribal, or territorial jurisdiction unless requested to do so by the party protected under such order. (2) NO PRIOR REGISTRATION OR FILING AS PRE- REQUISITE FOR ENFORCEMENT.—Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or terri- torial jurisdiction. (3) LIMITS ON INTERNET PUBLICATION OF REG- ISTRATION INFORMATION.—A State, Indian tribe, or territory shall not make available publicly on the Internet any information re- garding the registration, filing of a petition for, or issuance of a protection order, restrain- ing order, or injunction in either the issuing or enforcing State, tribal or territorial juris- diction, if such publication would be likely to publicly reveal the identity or location of the party protected under such order. A State, In- dian tribe, or territory may share court-gen- erated and law enforcement-generated infor- mation contained in secure, governmental reg- istries for protection order enforcement pur- poses. The prohibition under this paragraph applies to all protection orders for the protec- tion of a person residing within a State, terri- torial, or Tribal jurisdiction, whether or not the protection order was issued by that State, territory, or Tribe. (e) TRIBAL COURT JURISDICTION.—For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders involving any person, includ- ing the authority to enforce any orders through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country of the Indian tribe (as defined in section 1151) or otherwise within the authority of the Indian tribe. (Added Pub. L. 103–322, title IV, § 40221(a), Sept. 13, 1994, 108 Stat. 1930; amended Pub. L. 106–386, div. B, title I, § 1101(b)(4), Oct. 28, 2000, 114 Stat. 1493; Pub. L. 109–162, title I, § 106(a)–(c), Jan. 5, 2006, 119 Stat. 2981, 2982; Pub. L. 109–271, § 2(n), Aug. 12, 2006, 120 Stat. 754; Pub. L. 113–4, title IX, § 905, Mar. 7, 2013, 127 Stat. 124; Pub. L. 117–103, div. W, title I, § 106, Mar. 15, 2022, 136 Stat. 851.) Editorial Notes AMENDMENTS 2022—Subsec. (d)(3). Pub. L. 117–103 struck out ‘‘re- straining order or injunction,’’ after ‘‘a protection order,’’ and inserted at end ‘‘The prohibition under this paragraph applies to all protection orders for the pro- tection of a person residing within a State, territorial, or Tribal jurisdiction, whether or not the protection order was issued by that State, territory, or Tribe.’’ 2013—Subsec. (e). Pub. L. 113–4 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text Page 555 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2266 read as follows: ‘‘For purposes of this section, a tribal court shall have full civil jurisdiction to enforce pro- tection orders, including authority to enforce any or- ders through civil contempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the authority of the tribe.’’ 2006—Subsec. (a). Pub. L. 109–162, § 106(a)(1), (b), sub- stituted ‘‘, Indian tribe, or territory’’ for ‘‘or Indian tribe’’ wherever appearing and ‘‘and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were’’ for ‘‘and enforced as if it were’’. Subsec. (b). Pub. L. 109–162, § 106(a)(2), substituted ‘‘State, tribal, or territorial’’ for ‘‘State or tribal’’ in introductory provisions. Subsec. (b)(1). Pub. L. 109–162, § 106(a)(1), substituted ‘‘, Indian tribe, or territory’’ for ‘‘or Indian tribe’’. Subsec. (b)(2). Pub. L. 109–162, § 106(a)(2), substituted ‘‘State, tribal, or territorial’’ for ‘‘State or tribal’’. Subsec. (c). Pub. L. 109–162, § 106(a)(2), substituted ‘‘State, tribal, or territorial’’ for ‘‘State or tribal’’ in introductory provisions. Subsec. (d)(1). Pub. L. 109–162, § 106(a), substituted ‘‘, Indian tribe, or territory’’ for ‘‘or Indian tribe’’ in two places and ‘‘State, tribal, or territorial’’ for ‘‘State or tribal’’. Subsec. (d)(2). Pub. L. 109–162, § 106(a)(2), substituted ‘‘State, tribal, or territorial’’ for ‘‘State or tribal’’. Subsec. (d)(3). Pub. L. 109–271, which directed amend- ment of section 106(c) of Pub. L. 109–162 by substituting ‘‘the registration, filing of a petition for, or issuance of a protection order, restraining order or injunction’’ for ‘‘the registration or filing of a protection order’’, was executed by making the substitution in par. (3), which was added by section 106(c) of Pub. L. 109–162, to reflect the probable intent of Congress. Pub. L. 109–162, § 106(c), added par. (3). 2000—Subsecs. (d), (e). Pub. L. 106–386 added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries SPECIAL RULE FOR THE STATE OF ALASKA Pub. L. 113–4, title IX, § 910, Mar. 7, 2013, 127 Stat. 126, which provided that, in the State of Alaska, the amend- ments made by sections 904 and 905 of Pub. L. 113–4, which related to tribal jurisdiction over crimes of do- mestic violence and over issuance of protection orders, applied only to the Indian country of the Metlakatla Indian Community, Annette Island Reserve, was re- pealed by Pub. L. 113–275, Dec. 18, 2014, 128 Stat. 2988. § 2265A. Repeat offenders (a) MAXIMUM TERM OF IMPRISONMENT.—The maximum term of imprisonment for a violation of this chapter after a prior domestic violence or stalking offense shall be twice the term other- wise provided under this chapter. (b) DEFINITION.—For purposes of this section— (1) the term ‘‘prior domestic violence or stalking offense’’ means a conviction for an of- fense— (A) under section 2261, 2261A, or 2262 of this chapter; or (B) under State or tribal law for an offense consisting of conduct that would have been an offense under a section referred to in sub- paragraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, or in inter- state or foreign commerce; and (2) the term ‘‘State’’ means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States. (Added Pub. L. 109–162, title I, § 115, Jan. 5, 2006, 119 Stat. 2988; amended Pub. L. 113–4, title IX, § 906(c), Mar. 7, 2013, 127 Stat. 125.) Editorial Notes AMENDMENTS 2013—Subsec. (b)(1)(B). Pub. L. 113–4 inserted ‘‘or trib- al’’ after ‘‘State’’. § 2266. Definitions In this chapter: (1) BODILY INJURY.—The term ‘‘bodily in- jury’’ means any act, except one done in self- defense, that results in physical injury or sex- ual abuse. (2) COURSE OF CONDUCT.—The term ‘‘course of conduct’’ means a pattern of conduct com- posed of 2 or more acts, evidencing a con- tinuity of purpose. (3) ENTER OR LEAVE INDIAN COUNTRY.—The term ‘‘enter or leave Indian country’’ includes leaving the jurisdiction of 1 tribal government and entering the jurisdiction of another tribal government. (4) INDIAN COUNTRY.—The term ‘‘Indian coun- try’’ has the meaning stated in section 1151 of this title. (5) PROTECTION ORDER.—The term ‘‘protec- tion order’’ includes— (A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communica- tion with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (B) any support, child custody or visita- tion provisions, orders, remedies or relief issued as part of a protection order, restrain- ing order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restrain- ing orders, or injunctions for the protection of victims of domestic violence, sexual as- sault, dating violence, or stalking. (6) SERIOUS BODILY INJURY.—The term ‘‘seri- ous bodily injury’’ has the meaning stated in section 2119(2). (7) SPOUSE OR INTIMATE PARTNER.—The term ‘‘spouse or intimate partner’’ includes— (A) for purposes of— (i) sections other than 2261A— (I) a spouse or former spouse of the abuser, a person who shares a child in common with the abuser, and a person who cohabits or has cohabited as a spouse with the abuser; or (II) a person who is or has been in a so- cial relationship of a romantic or inti- mate nature with the abuser, as deter- mined by the length of the relationship, the type of relationship, and the fre-