§ 15-15.1-3 - Judicial enforcement of order.
SECTION 15-15.1-3
§ 15-15.1-3 Judicial enforcement of order.– (a) A person authorized by the law of this state to seek enforcement of aprotection order may seek enforcement of a valid foreign protection order in atribunal of this state. The court shall enforce the terms of the order,including terms that provide relief that the court would lack power to providebut for this chapter. The court shall enforce the order, whether the order wasobtained by independent action or in another proceeding, if it is an orderissued in response to a complaint, petition, or motion filed by or on behalf ofan individual seeking protection. In a proceeding to enforce a foreignprotection order, the court shall follow the procedures of this state for theenforcement of protection orders.
(b) The court may not enforce a foreign protection orderissued by a tribunal of a state that does not recognize the standing of aprotected individual to seek enforcement of the order.
(c) The court shall enforce the provisions of a valid foreignprotection order which govern custody and visitation, if the order was issuedin accordance with the jurisdictional requirements governing the issuance ofcustody and visitation orders in the issuing 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 theparties and subject matter under the law of the issuing state; and
(4) Was issued after the respondent was given reasonablenotice and had an opportunity to be heard before the tribunal issued the orderor, in the case of an order ex parte, the respondent was given notice and hashad or will have an opportunity to be heard within a reasonable time after theorder was issued, in a manner consistent with the rights of the respondent todue process.
(e) A foreign protection order valid on its face is primafacie evidence of its validity.
(f) Absence of any of the criteria for validity of a foreignprotection order is an affirmative defense in an action seeking enforcement ofthe order.
(g) The court may enforce provisions of a mutual foreignprotection order which favor a respondent only if:
(1) The respondent filed a written pleading seeking aprotection order from the tribunal of the issuing state; and
(2) The tribunal of the issuing state made specific findingsin favor of the respondent.