236.19 - FOREIGN PROTECTIVE ORDERS -- REGISTRATION -- ENFORCEMENT.

        236.19  FOREIGN PROTECTIVE ORDERS -- REGISTRATION --
      ENFORCEMENT.
         1.  As used in this section, "foreign protective order" means
      a protective order entered by a court of another state, Indian tribe,
      or United States territory that would be an order or court-approved
      consent agreement entered under this chapter, a temporary or
      permanent protective order or order to vacate the homestead under
      chapter 598, or an order that establishes conditions of release or is
      a protective order or sentencing order in a criminal prosecution
      arising from a domestic abuse assault if it had been entered in Iowa.

         2.  A certified or authenticated copy of a permanent foreign
      protective order may be filed with the clerk of the district court in
      any county that would have venue if the original action was being
      commenced in this state or in which the person in whose favor the
      order was entered may be present.
         a.  The clerk shall file foreign protective orders that are
      not certified or authenticated, if supported by an affidavit of a
      person with personal knowledge, subject to the penalties for perjury.
      The person protected by the order may provide this affidavit.
         b.  The clerk shall provide copies of the order as required by
      section 236.5, except that notice shall not be provided to the
      respondent without the express written direction of the person in
      whose favor the order was entered.
         3. a.  A valid foreign protective order has the same effect
      and shall be enforced in the same manner as a protective order issued
      in this state whether or not filed with a clerk of court or otherwise
      placed in a registry of protective orders.
         b.  A foreign protective order is valid if it meets all of the
      following:
         (1)  The order states the name of the protected individual and the
      individual against whom enforcement is sought.
         (2)  The order has not expired.
         (3)  The order was issued by a court or tribunal that had
      jurisdiction over the parties and subject matter under the law of the
      foreign jurisdiction.
         (4)  The order was issued in accordance with the respondent's due
      process rights, either after the respondent was provided with
      reasonable notice and an opportunity to be heard before the court or
      tribunal that issued the order, or in the case of an ex parte order,
      the respondent was granted notice and opportunity to be heard within
      a reasonable time after the order was issued.
         c.  Proof that a foreign protective order failed to meet all
      of the factors listed in paragraph "b" shall be an affirmative
      defense in any action seeking enforcement of the order.
         4.  A peace officer shall treat a foreign protective order as a
      valid legal document and shall make an arrest for a violation of the
      foreign protective order in the same manner that a peace officer
      would make an arrest for a violation of a protective order issued
      within this state.
         a.  The fact that a foreign protective order has not been
      filed with the clerk of court or otherwise placed in a registry shall
      not be grounds to refuse to enforce the terms of the order unless it
      is apparent to the officer that the order is invalid on its face.
         b.  A peace officer acting reasonably and in good faith in
      connection with the enforcement of a foreign protective order shall
      be immune from civil and criminal liability in any action arising in
      connection with such enforcement.
         5.  Filing and service costs in connection with foreign protective
      orders are waived as provided in section 236.3.  
         Section History: Recent Form
         95 Acts, ch 180, §13; 99 Acts, ch 57, §2; 2000 Acts, ch 1132, §2;
      2001 Acts, ch 43, §2
         Referred to in § 664A.1