Texas Family Code - Section 88.003. Judicial Enforcement Of Order
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§ 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, § 2, eff. Sept. 1, 2001.
Section: 86.005 87.001 87.002 87.003 87.004 88.001 88.002 88.003 88.004 88.005 88.006 88.007 88.008 91.001 91.002
Last modified: August 11, 2007
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