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Abuse Laws
Texas

CHAPTER 88.
PROTECTIVE ORDER FROM ANOTHER JURISDICTION

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CHAPTER 88.
PROTECTIVE ORDER FROM ANOTHER JURISDICTION

• § 88.001. Full Faith and Credit of Protective Order From Another Jurisdiction

• § 88.002. Presumption of Validity

• § 88.003. Affirmative Defense

• § 88.004. Enforcement of an Order

§ 88.001. Full Faith and Credit of Protective Order From Another Jurisdiction

     (a) Except as provided by Subsection (b), a protective order from another jurisdiction shall be accorded full faith and credit by the courts of this state and enforced as if the order were rendered by a court in this state.

     (b) A protective order from another jurisdiction rendered against both the applicant and respondent is not enforceable against the applicant in this state unless:

     (1) the respondent filed a cross or counter petition, complaint, or other written pleading seeking a protective order against the applicant; and

     (2) the issuing court determined that each party was entitled to a protective order.

Added by Acts 1997, 75th Leg., ch. 1193, § 19, eff. Sept. 1, 1997.

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§ 88.002. Presumption of Validity

     A protective order from another jurisdiction is presumed to be valid if the order appears authentic on the order's face.

Added by Acts 1997, 75th Leg., ch. 1193, § 19, eff. Sept. 1, 1997.

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§ 88.003. Affirmative Defense

     It is an affirmative defense in any action seeking enforcement of a protective order rendered in another jurisdiction that the respondent was not given reasonable notice and an opportunity to be heard consistent with due process either:

     (1) before the date the order was rendered; or

     (2) in the case of an ex parte order, within the time required by the jurisdiction rendering the order after the date the order was rendered, but not later than a reasonable time.

Added by Acts 1997, 75th Leg., ch. 1193, § 19, eff. Sept. 1, 1997.

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§ 88.004. Enforcement of an Order

     A protective order from another jurisdiction may be enforced even if the order is not entered into the state law enforcement information system maintained by the Department of Public Safety.

Added by Acts 1997, 75th Leg., ch. 1193, § 19, eff. Sept. 1, 1997.

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