North Dakota Code 14-07.5-03 – Judicial enforcement of order
1. A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic violence protection order on application of:
Terms Used In North Dakota Code 14-07.5-03
- Individual: means a human being. See North Dakota Code 1-01-49
- 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.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. A person authorized by the law of this state other than this chapter to seek enforcement of a domestic protection order; or b. A respondent.
2. A tribunal 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 provided in this chapter.
3. A Canadian domestic violence protection order is valid if it:
a. Identifies a protected individual and a 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 court; 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. An individual authorized under the law of this state to seek enforcement of a Canadian domestic violence 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 Canadian domestic violence 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 Canadian domestic violence protection order against a party to the order in which each party is a protected individual and respondent if:
a. The party seeking enforcement of the order filed a pleading requesting the order from the issuing court; and
b. The tribunal made specific findings that entitled the party to the enforcement sought.