CHAPTER 88. UNIFORM INTERSTATE ENFORCEMENT OF PROTECTIVE ORDERS ACT

FAMILY CODE

TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE

SUBTITLE B. PROTECTIVE ORDERS

CHAPTER 88. UNIFORM INTERSTATE ENFORCEMENT OF PROTECTIVE ORDERS

ACT

Sec. 88.001. SHORT TITLE. This chapter may be cited as the

Uniform Interstate Enforcement of Domestic Violence Protection

Orders Act.

Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1,

2001.

Sec. 88.002. DEFINITIONS. In this chapter:

(1) "Foreign protective order" means a protective order issued

by a tribunal of another state.

(2) "Issuing state" means the state in which a tribunal issues a

protective order.

(3) "Mutual foreign protective order" means a foreign protective

order that includes provisions issued in favor of both the

protected individual seeking enforcement of the order and the

respondent.

(4) "Protected individual" means an individual protected by a

protective order.

(5) "Protective order" means an injunction or other order,

issued by a tribunal under the domestic violence or family

violence laws or another law of the issuing state, to prevent an

individual from engaging in violent or threatening acts against,

harassing, contacting or communicating with, or being in physical

proximity to another individual.

(6) "Respondent" means the individual against whom enforcement

of a protective order is sought.

(7) "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the United States

Virgin Islands, or a territory or insular possession subject to

the jurisdiction of the United States. The term includes a

military tribunal of the United States, an Indian tribe or band,

and an Alaskan native village that has jurisdiction to issue

protective orders.

(8) "Tribunal" means a court, agency, or other entity authorized

by law to issue or modify a protective order.

Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1,

2001.

Sec. 88.003. JUDICIAL ENFORCEMENT OF ORDER. (a) A tribunal of

this state shall enforce the terms of a foreign protective order,

including a term that provides relief that a tribunal of this

state would not have power to provide but for this section. The

tribunal shall enforce the order regardless of whether the order

was obtained by independent action or in another proceeding, if

the order is an order issued in response to a complaint,

petition, or motion filed by or on behalf of an individual

seeking protection. In a proceeding to enforce a foreign

protective order, the tribunal shall follow the procedures of

this state for the enforcement of protective orders.

(b) A tribunal of this state shall enforce the provisions of the

foreign protective order that govern the possession of and access

to a child if the provisions were issued in accordance with the

jurisdictional requirements governing the issuance of possession

and access orders in the issuing state.

(c) A tribunal of this state may enforce a provision of the

foreign protective order relating to child support if the order

was issued in accordance with the jurisdictional requirements of

Chapter 159 and the federal Full Faith and Credit for Child

Support Orders Act, 28 U.S.C. Section 1738B, as amended.

(d) A foreign protective order is valid if the order:

(1) names the protected individual and the respondent;

(2) is currently in effect;

(3) was rendered by a tribunal that had jurisdiction over the

parties and the subject matter under the law of the issuing

state; and

(4) was rendered after the respondent was given reasonable

notice and an opportunity to be heard consistent with the right

to due process, either:

(A) before the tribunal issued the order; or

(B) in the case of an ex parte order, within a reasonable time

after the order was rendered.

(e) A protected individual seeking enforcement of a foreign

protective order establishes a prima facie case for its validity

by presenting an order that is valid on its face.

(f) It is an affirmative defense in an action seeking

enforcement of a foreign protective order that the order does not

meet the requirements for a valid order under Subsection (d).

(g) A tribunal of this state may enforce the provisions of a

mutual foreign protective order that favor a respondent only if:

(1) the respondent filed a written pleading seeking a protective

order from the tribunal of the issuing state; and

(2) the tribunal of the issuing state made specific findings in

favor of the respondent.

Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1,

2001.

Sec. 88.004. NONJUDICIAL ENFORCEMENT OF ORDER. (a) A law

enforcement officer of this state, on determining that there is

probable cause to believe that a valid foreign protective order

exists and that the order has been violated, shall enforce the

foreign protective order as if it were an order of a tribunal of

this state. A law enforcement officer has probable cause to

believe that a foreign protective order exists if the protected

individual presents a foreign protective order that identifies

both the protected individual and the respondent and on its face,

is currently in effect.

(b) For the purposes of this section, a foreign protective order

may be inscribed on a tangible medium or may be stored in an

electronic or other medium if it is retrievable in a perceivable

form. Presentation of a certified copy of a protective order is

not required for enforcement.

(c) If a protected individual does not present a foreign

protective order, a law enforcement officer may determine that

there is probable cause to believe that a valid foreign

protective order exists by relying on any relevant information.

(d) A law enforcement officer of this state who determines that

an otherwise valid foreign protective order cannot be enforced

because the respondent has not been notified or served with the

order shall inform the respondent of the order and make a

reasonable effort to serve the order on the respondent. After

informing the respondent and attempting to serve the order, the

officer shall allow the respondent a reasonable opportunity to

comply with the order before enforcing the order.

(e) The registration or filing of an order in this state is not

required for the enforcement of a valid foreign protective order

under this chapter.

Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1,

2001.

Sec. 88.005. REGISTRATION OF ORDER. (a) An individual may

register a foreign protective order in this state. To register a

foreign protective order, an individual shall:

(1) present a certified copy of the order to a sheriff,

constable, or chief of police responsible for the registration of

orders in the local computer records and in the statewide law

enforcement system maintained by the Texas Department of Public

Safety; or

(2) present a certified copy of the order to the Department of

Public Safety and request that the order be registered in the

statewide law enforcement system maintained by the Department of

Public Safety.

(b) On receipt of a foreign protective order, the agency

responsible for the registration of protective orders shall

register the order in accordance with this section and furnish to

the individual registering the order a certified copy of the

registered order.

(c) The agency responsible for the registration of protective

orders shall register a foreign protective order on presentation

of a copy of a protective order that has been certified by the

issuing state. A registered foreign protective order that is

inaccurate or not currently in effect shall be corrected or

removed from the registry in accordance with the law of this

state.

(d) An individual registering a foreign protective order shall

file an affidavit made by the protected individual that, to the

best of the protected individual's knowledge, the order is in

effect.

(e) A foreign protective order registered under this section may

be entered in any existing state or federal registry of

protective orders, in accordance with state or federal law.

(f) A fee may not be charged for the registration of a foreign

protective order.

Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1,

2001.

Sec. 88.006. IMMUNITY. A state or local governmental agency,

law enforcement officer, prosecuting attorney, clerk of court, or

any state or local governmental official acting in an official

capacity is immune from civil and criminal liability for an act

or omission arising from the registration or enforcement of a

foreign protective order or the detention or arrest of a person

alleged to have violated a foreign protective order if the act or

omission was done in good faith in an effort to comply with this

chapter.

Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1,

2001.

Sec. 88.007. OTHER REMEDIES. A protected individual who pursues

a remedy under this chapter is not precluded from pursuing other

legal or equitable remedies against the respondent.

Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1,

2001.

Sec. 88.008. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In

applying and construing this chapter, consideration shall be

given to the need to promote uniformity of the law with respect

to its subject matter among the states that enact the Uniform

Interstate Enforcement of Domestic Violence Protection Orders

Act.

Added by Acts 2001, 77th Leg., ch. 48, Sec. 2, eff. Sept. 1,

2001.