Chapter 4.90
FULL FAITH AND CREDIT, AND FOREIGN ORDERS

Sections:

4.90.010    Full faith and credit.

4.90.020    Exclusion from full faith and credit.

4.90.030    Filing of foreign protection orders.

4.90.040    Law enforcement.

4.90.010 Full faith and credit.

A. Orders issued by the Chehalis Tribal Court under this title will be enforceable throughout the State of Washington pursuant to RCW 13.34.240, if pertaining to a child under 18, or Washington Civil Rule 82.5(c), provided it does not violate policy.

B. To ensure that orders issued by the Chehalis Tribal Court are enforced outside of the boundaries of the Reservation, harassment protection orders issued in the courts of the State of Washington will be enforced within the boundaries of the Chehalis Reservation and all Tribal Lands.

C. Notice of reciprocal enforcement pursuant to this section shall be printed on all orders issued by the Court under this title. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.13.010. Formerly 4.90.170.]

4.90.020 Exclusion from full faith and credit.

A foreign order of protection entered against both a petitioner and respondent shall not be enforceable against the petitioner unless:

A. The respondent filed a cross or counter petition, complaint or other written pleading seeking such a protection order; and

B. The issuing court made specific findings of domestic or family violence against both the petitioner and the respondent and determined that each party was entitled to such an order. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.13.020. Formerly 4.90.180.]

4.90.030 Filing of foreign protection orders.

A. A petitioner who obtains a valid order of protection from another Indian tribe, state or U.S. territory may file that order by presenting a certified copy of the foreign order to the Clerk of the Tribal Court.

B. There shall be a presumption in favor of validity where a foreign order of protection appears authentic on its face.

C. Filing of a foreign order of protection shall be without fee or cost.

D. Upon receipt of a foreign order of protection, the Court Clerk shall:

1. Forward a copy of the order to Tribal law enforcement.

2. Provide the petitioner with a copy bearing proof of filing with the Court.

E. Filing of a valid foreign order of protection in the Tribal Court shall not be a prerequisite for enforcement of the order. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.13.030. Formerly 4.90.190.]

4.90.040 Law enforcement.

A law enforcement officer may rely upon a copy of any foreign order of protection that has been provided to the officer by any source and may also rely upon the statement of any person protected by a foreign order that the order remains in effect. A law enforcement officer acting in good faith shall be immune from civil or criminal liability in any action arising in connection with a court’s finding that the foreign order was not enforceable. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.13.040. Formerly 4.90.200.]