26-124. Foreign harassment or sexual assault protection order; enforcement.

253 words·~1 min read·/ne/chapter-26/26-124

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A valid foreign harassment or sexual assault protection order or an order similar to a harassment or sexual assault protection order issued by a court of another state, territory, possession, or tribe shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state.

(2)A foreign harassment or sexual assault protection order issued by a court of another state, territory, possession, or tribe shall be valid if:

(a)The issuing court had jurisdiction over the parties and matter under the law of such state, territory, possession, or tribe;

(b)The respondent was given reasonable notice and an opportunity to be heard sufficient to protect the respondent's right to due process before the order was issued; and

(c)The harassment or sexual assault protection order from another jurisdiction has not been rendered against both the petitioner and the respondent, unless:

(i)The respondent filed a cross or counter petition, complaint, or other written pleading seeking such an order; and

(ii)the issuing court made specific findings of harassment or sexual assault offenses against both the petitioner and respondent and determined that each party was entitled to such an order.

(3)There is a presumption of the validity of the foreign protection order when the order appears authentic on its face.

(4)A peace officer may rely upon a copy of any putative valid foreign harassment or sexual assault protection order which has been provided to the peace officer by any source.