House Journal: Page 851: Tuesday, March 21, 2000
30 1. As used in this section, "foreign protective
31 order" means a protective order entered in a state
32 other than Iowa which by a court of another state,
33 Indian tribe, or United States territory that would be
34 an order or court-approved consent agreement entered
35 under this chapter, a temporary or permanent
36 protective order or order to vacate the homestead
37 under chapter 598, or an order that establishes
38 conditions of release or is a protective order or
39 sentencing order in a criminal prosecution arising
40 from a domestic abuse assault if it had been entered
41 in Iowa.
42 2. a certified or authenticated copy of a
43 permanent foreign protective order authenticated in
44 accordance with the statutes of this state may be
45 filed with the clerk of the district court in any
46 county that would have venue if the original action
47 was being commenced in this state or in which the
48 person in whose favor the order was entered may be
49 present.
50 a. The clerk shall file foreign protective orders
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1 that are not certified or authenticated, if supported
2 by an affidavit of a person with personal knowledge,
3 subject to the penalties for perjury. The person
4 protected by the order may provide this affidavit.
5 b. The clerk shall provide copies of the order as
6 required by section 236.5, except that notice shall
7 not be provided to the respondent without the express
8 written direction of the person in whose favor the
9 order was entered.
10 3. a. a valid foreign protective order so filed
11 has the same effect and shall be enforced in the same
12 manner as a protective order issued in this state
13 whether or not filed with a clerk of court or
14 otherwise placed in a registry of protective orders.
15 b. a foreign protective order is valid if it meets
16 all of the following:
17 (1) The order states the name of the protected
18 individual and the individual against whom enforcement
19 is sought.
20 (2) The order has not expired.
21 (3) The order was issued by a court or tribunal
22 that had jurisdiction over the parties and subject
23 matter under the law of the foreign jurisdiction.
24 (4) The order was issued in accordance with
25 respondent's due process rights, either after the
26 respondent was provided with reasonable notice and an
27 opportunity to be heard before the court or tribunal
28 that issued the order, or in the case of an ex parte
© 2000 Cornell College and
League of Women Voters of Iowa
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