14-07.4 Uniform Interstate Enforcement of Protection Orders Act
Download pdf
Loading PDF...
<![CDATA[CHAPTER 14-07.4UNIFORM INTERSTATE ENFORCEMENT OF PROTECTION ORDERS ACT14-07.4-01. Definitions. In this chapter:1."Foreign protection order" means a protection order issued by a tribunal of another<br>state.2."Issuing state" means the state whose tribunal issues a protection order.3."Mutual foreign protection order" means a foreign protection order that includes<br>provisions issued in favor of both the protected individual seeking enforcement of the<br>order and the respondent.4."Protected individual" means an individual protected by a protection order.5."Protection order" means an injunction or other order, issued by a tribunal under the<br>domestic violence or family violence laws of the issuing state, to prevent an<br>individual from engaging in violent or threatening acts against, harassment of,<br>contact or communication with, or physical proximity to another individual. The term<br>includes an injunction or other order issued under the antistalking laws of the issuing<br>state.6."Respondent" means the individual against whom enforcement of a protection order<br>is sought.7."State" means a state of the United States, the District of Columbia, Puerto Rico, the<br>United States Virgin Islands, or any territory or insular possession subject to the<br>jurisdiction of the United States. The term includes an Indian tribe or band that has<br>jurisdiction to issue protection orders.8."Tribunal" means a court, agency, or other entity authorized by law to issue or<br>modify a protection order.14-07.4-02. Judicial enforcement of order.1.A tribunal of this state shall enforce the terms of a valid foreign protection order,<br>including terms that provide relief that a tribunal of this state would lack power to<br>provide but for this section. A tribunal of this state shall enforce a valid foreign<br>protection order issued by a tribunal, whether the order was obtained by<br>independent action or in another proceeding, if it is an order issued in response to a<br>complaint, petition, or motion filed by or on behalf of an individual seeking protection.<br>A tribunal of this state may not enforce an order issued by a tribunal that does not<br>recognize the standing of a protected individual to seek enforcement of the order.2.A tribunal of this state shall enforce the provisions of a valid foreign protection order<br>which governs custody and visitation. The custody and visitation provisions of the<br>order must have been issued in accordance with the jurisdictional requirements<br>governing the issuance of custody and visitation orders in the issuing state.3.A protection order is valid if it:a.Identifies the protected individual and the respondent;b.Is currently in effect;c.Was issued by a tribunal that had jurisdiction over the parties and matter under<br>the law of the issuing state; andPage No. 1d.Was issued after the respondent was provided with reasonable notice and had<br>an opportunity to be heard before the tribunal issued the order or, in the case of<br>an order ex parte, the respondent was given notice and has had or will have an<br>opportunity to be heard within a reasonable time after the issuing of the order,<br>in a manner consistent with the rights of the respondent to due process.4.A person authorized under the law of this state to seek enforcement of a foreign<br>protection order establishes a prima facie case for its validity by presenting an order<br>valid on its face.5.Absence of any of the criteria for validity of a foreign protection order is an<br>affirmative defense in an action seeking enforcement of the order.6.A tribunal of this state may enforce the provisions of a mutual foreign protection<br>order which favor a respondent only if:a.The respondent filed a written pleading seeking a protection order from the<br>tribunal of the issuing state; andb.The tribunal of the issuing state made specific findings in favor of the<br>respondent.14-07.4-03. Nonjudicial enforcement of order.1.A law enforcement officer of this state, upon determining that there is probable<br>cause to believe that a valid foreign protection order exists and that the order has<br>been violated, shall enforce the order as if it were the order of a tribunal of this state.<br>Presentation of a protection order that identifies both the protected individual and the<br>respondent and, on its face, is currently in effect constitutes probable cause to<br>believe that a valid foreign protection order exists. For the purposes of this section,<br>the protection order may be inscribed on a tangible medium or may have been<br>stored in an electronic or other medium if it is retrievable in perceivable form.<br>Presentation of a certified copy of a protection order is not required for enforcement.2.If the protection order is not presented, the officer may consider other information in<br>determining whether there is probable cause to believe that a valid foreign protection<br>order exists.3.If a law enforcement officer of this state determines that an otherwise valid foreign<br>protection order cannot be enforced because the respondent has not been notified<br>or served with the order, the officer shall inform the respondent of the order and<br>make a reasonable effort to serve the order upon the respondent. After informing<br>the respondent and serving the order, the officer shall allow the respondent a<br>reasonable opportunity to comply with the order before enforcing the order.4.Registration or filing of an order in this state is not required for the enforcement of a<br>valid foreign protection order under this chapter.14-07.4-04. Registration of order.1.Any individual may register a foreign protection order in this state. To register a<br>foreign protection order, an individual shall present a certified copy of the order to<br>any clerk of district court in this state.2.Upon receipt of a protection order, the clerk of district court shall register the order in<br>accordance with this section. After the order is registered, the clerk of district court<br>shall furnish to the individual registering the order a certified copy of the registered<br>order. If a foreign order is registered, the clerk of district court shall transmit a copy<br>of the order to the appropriate law enforcement agency.Page No. 23.The clerk of district court shall register an order upon presentation of a copy of a<br>protection order which has been certified by the issuing state. A registered foreign<br>protection order which is inaccurate or is not currently in effect shall be corrected or<br>removed from the registry in accordance with the law of this state.4.An individual registering a foreign protection order shall file an affidavit by the<br>protected individual that, to the best of the individual's knowledge, the order is<br>currently in effect.5.A foreign protection order registered under this chapter may be entered in any<br>existing state or federal registries of protection orders, in accordance with state or<br>federal law.6.A fee may not be charged for the registration of a foreign protection order or the<br>correction or removal of a foreign protection order.14-07.4-05. Immunity. This state or a local governmental agency, or a law enforcementofficer, prosecuting attorney, clerk of district court, or any state or local governmental official<br>acting in an official capacity, is immune from civil and criminal liability for an act or omission<br>arising out of the registration or enforcement of a foreign protection order or the detention or<br>arrest of an alleged violator of a foreign protection order if the act or omission is done in good<br>faith in an effort to comply with this chapter.14-07.4-06. Other remedies. Pursuing remedies under this chapter does not preclude aprotected individual from pursuing other legal or equitable remedies against the respondent.14-07.4-07.Penalty.Violation of a protection order under this chapter is a class Amisdemeanor. A second or subsequent violation of such an order is a class C felony.Page No. 3Document Outlinechapter 14-07.4 uniform interstate enforcement of protection orders act]]>