(a)
(b)
(1) such court has jurisdiction over the parties and matter under the law of such State, Indian tribe, or territory; and
(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent's due process rights.
(c)
(1) no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order; or
(2) a cross or counter petition has been filed and the court did not make specific findings that each party was entitled to such an order.
(d)
(1)
(2)
(3)
(e)
Amendments
2013—Subsec. (e). Pub. L. 113–4 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: "For purposes of this section, a tribal court shall have full civil jurisdiction to enforce protection orders, including authority to enforce any orders through civil contempt proceedings, exclusion of violators from Indian lands, and other appropriate mechanisms, in matters arising within the authority of the tribe."
2006—Subsec. (a). Pub. L. 109–162, §106(a)(1), (b), substituted ", Indian tribe, or territory" for "or Indian tribe" wherever appearing and "and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were" for "and enforced as if it were".
Subsec. (b). Pub. L. 109–162, §106(a)(2), substituted "State, tribal, or territorial" for "State or tribal" in introductory provisions.
Subsec. (b)(1). Pub. L. 109–162, §106(a)(1), substituted ", Indian tribe, or territory" for "or Indian tribe".
Subsec. (b)(2). Pub. L. 109–162, §106(a)(2), substituted "State, tribal, or territorial" for "State or tribal".
Subsec. (c). Pub. L. 109–162, §106(a)(2), substituted "State, tribal, or territorial" for "State or tribal" in introductory provisions.
Subsec. (d)(1). Pub. L. 109–162, §106(a), substituted ", Indian tribe, or territory" for "or Indian tribe" in two places and "State, tribal, or territorial" for "State or tribal".
Subsec. (d)(2). Pub. L. 109–162, §106(a)(2), substituted "State, tribal, or territorial" for "State or tribal".
Subsec. (d)(3). Pub. L. 109–271, which directed amendment of section 106(c) of Pub. L. 109–162 by substituting "the registration, filing of a petition for, or issuance of a protection order, restraining order or injunction" for "the registration or filing of a protection order", was executed by making the substitution in par. (3), which was added by section 106(c) of Pub. L. 109–162, to reflect the probable intent of Congress.
Pub. L. 109–162, §106(c), added par. (3).
2000—Subsecs. (d), (e). Pub. L. 106–386 added subsecs. (d) and (e).
Special Rule for the State of Alaska
Pub. L. 113–4, title IX, §910, Mar. 7, 2013, 127 Stat. 126, which provided that, in the State of Alaska, the amendments made by sections 904 and 905 of Pub. L. 113–4, which related to tribal jurisdiction over crimes of domestic violence and over issuance of protection orders, applied only to the Indian country of the Metlakatla Indian Community, Annette Island Reserve, was repealed by Pub. L. 113–275, Dec. 18, 2014, 128 Stat. 2988.
1 So in original. Probably should not be capitalized.