Arkansas Law

§ 9-15-302. Full faith and credit.

(a) Any protection order issued that is consistent with subsection (b) of this section by the issuing court of one state or Indian tribe shall be afforded full faith and credit by the courts of this state, and upon registration as provided in § 9-15-301, shall be enforced by law enforcement as if it were issued in this state.

(b) A protection order issued by a state or tribal court is consistent with this section if:

          (1) Such court had jurisdiction over the parties and matters under the laws of such state or Indian tribe; and

          (2)(A) Reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person's right to due process.

               (B) In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by state or tribal law and, in any event, within a reasonable time after the order is issued sufficient to protect the respondent's due process rights.

 (c) A protection order issued by a state or tribal court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a spouse or intimate partner is not entitled to full faith and credit i

         (1) No cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or

         (2)(A) A cross or counter petition has been filed; and

              (B) The court did not make specific findings that each party was entitled to such an order.

(d)(1) After submission of an order of protection to the chancery clerk, the chancellor shall review the order to determine whether it complies with subsection (b) of this section.

    (2) If it does, then the clerk shall register it and forward it to law enforcement as provided in § 12-12-215(b)(1).

    (3) Furthermore, protection orders issued by a court of this state shall only be forwarded to law enforcement as provided in § 12-12-215(b)(1) if the protection orders are consistent with subsection (b) of this section.

History. Acts 1995, No. 995, § 3.