Delaware Code Title 10 Sec. 1049J – Enforcement of Canadian domestic-violence protection order by the …
(a) The Court may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of 1 of the following:
(1) A person authorized by law of this State other than this part to seek enforcement of a domestic protection order.
(2) A respondent.
Terms Used In Delaware Code Title 10 Sec. 1049J
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) In a proceeding under subsection (a) of this section, the Court shall follow the procedures of this State for enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic-violence protection order as described in § 1049H of this title.
(c) A Canadian domestic-violence protection order is enforceable under this section if all of the following apply:
(1) The order identifies a protected individual and a respondent.
(2) The order is valid and in effect.
(3) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court.
(4) The order was issued after 1 of the following:
a. The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order.
b. In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.
(d) A Canadian domestic-violence protection order valid on its face is prima facie evidence of its enforceability under this section.
(e) A claim that a Canadian domestic-violence protection order does not comply with subsection (c) of this section is an affirmative defense in a proceeding seeking enforcement of the order. If the Court determines that the order is not enforceable, the Court shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and § 1049I of this title and may not be registered under § 1049K of this title.
(f) This section applies to enforcement of a provision of a Canadian domestic-violence protection order against a party to the order in which each party is a protected individual and respondent only if both of the following apply:
(1) The party seeking enforcement of the order filed a pleading requesting the order from the issuing court.
(2) The issuing court made specific findings that entitled the party to the enforcement sought.