60-31b03. Judicial enforcement of order.
60-31b03
60-31b03. Judicial enforcement of order.(a) A person authorized by the law of this state to seekenforcementof a protectionorder may seek enforcement of a valid protection order in a court of thisstate. Thecourt shall enforce the terms of the protection order, including terms thatprovide reliefthat a court of this state would lack power to provide but for this section.The courtshall enforce the order, whether the order was obtained by independent actionor in anotherproceeding, if it is an order issued in response to a complaint, petition ormotion filed by oron behalf of an individual seeking protection. In a proceeding to enforce aforeignprotection order, the court shall follow the procedures of this state forthe enforcement ofprotection orders.
(b) A court of this state may not enforce a foreign protection orderissued by atribunal of a state that does not recognize the standing of a protectedindividual to seekenforcement of that order.
(c) A court of this state shall enforce the provisions of a valid foreignprotectionorder which govern custody and visitation, if the order was issued inaccordance with thejurisdictional requirements governing the issuance of custody and visitationorders in theissuing state.
(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 andsubject matterunder the law of the issuing state; and
(4) was issued after the respondent was given reasonable notice and had anopportunity to be heard before the tribunal issued the order or, in the case ofan ex parteorder, the respondent was given notice and has had or will have an opportunityto be heardwithin a reasonable time after the order was issued in a manner consistent withthe rights ofthe respondent to due process.
(e) A foreign protection order valid on its face is prima facie evidence ofits validity.
(f) Absence of any of the criteria for validity of a foreign protection orderis anaffirmative defense in an action seeking enforcement of the order.
(g) A court of this state may enforce provisions of a mutual foreignprotectionorder which favor a respondent only if:
(1) The respondent filed a written pleading seeking a protection order fromthetribunal of the issuing state; and
(2) the tribunal of the issuing state made specific findings in favor of therespondent.
History: L. 2005, ch. 146, § 3; July 1.