Check whether a protection order is entitled to full faith and credit in another state or tribe
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Extract from the order the court, the parties, whether it was ex parte, and whether a cross-petition and findings appear on the face of the order. Do not say the order is enforceable.
- What the lawyer must review
- 18 USC section 2265 requires a state, tribal or territorial court and law enforcement to enforce a protection order of another state, tribe or territory that meets subsection (b), as if it were a local order. Subsection (b) requires jurisdiction over the parties and the matter under the issuing law, and reasonable notice and an opportunity to be heard. For an ex parte order, notice and a hearing must come within the time state, tribal or territorial law requires and in any event within a reasonable time. Registration is not a condition of enforcement. An order against a person who sought protection is not entitled to full faith and credit if no cross or counter petition was filed, or if one was filed and the court did not find that each party was entitled to an order. Section 2266 defines a protection order to include a civil or criminal injunction or restraining order issued to prevent violent or threatening acts, harassment, sexual violence, or contact, communication or proximity, including temporary and pendente lite orders. You make the call. Opinion 512 and Model Rule 1.6: the order shows a protected person's address and the facts of abuse.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes extracting and organising information. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.