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Legal Statutes: North Dakota

UPDATED December 17, 2015

North Dakota Statutes

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Chapter14-07.4 Uniform Interstate Enforcement of Protection Orders Act

back to top14-07.4-02. Judicial enforcement of order

1. A tribunal of this state shall enforce the terms of a valid foreign protection order,
including terms that provide relief that a tribunal of this state would lack power to
provide but for this section. A tribunal of this state shall enforce a valid foreign
protection order issued by a tribunal, whether the order was obtained by
independent action or in another proceeding, if it is an order issued in response to a
complaint, petition, or motion filed by or on behalf of an individual seeking protection. A tribunal of this state may not enforce an order issued by a tribunal that does not 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 which governs custody and visitation. The custody and visitation provisions of the order must have been issued in accordance with the jurisdictional requirements
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 the law of the issuing state; and

d. Was issued after the respondent was provided with 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 issuing of the order, 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
protection order establishes a prima facie case for its validity by presenting an order
valid on its face.

5. 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.

6. A tribunal of this state may enforce the provisions of a mutual foreign protection
order which favor a respondent only if:

a. The respondent filed a written pleading seeking a protection order from the
tribunal of the issuing state; and

b. The tribunal of the issuing state made specific findings in favor of the
respondent.
S.L. 2003, ch. 123, § 2.