Texas § FA.88.003 - JUDICIAL ENFORCEMENT OF ORDER

§ FA.88.003. JUDICIAL ENFORCEMENT OF ORDER

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.