(b) A court of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
(c) A court of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state or under federal law and with the requirements set out in subsection (d) of this section.
(d) A foreign protection order is valid if it:
(1) Identifies the protected individual and the respondent;
(2) Is currently in effect;
(3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
(4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued in a manner consistent with the respondent's rights to due process of law.
(e) A foreign protection order which appears authentic on its face is presumed to be valid.
(f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
(g) A court of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if:
(1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and
(2) The tribunal of the issuing state made specific findings in favor of the respondent.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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