TITLE 15

Domestic Relations

CHAPTER 15-15.1

The Uniform Interstate Enforcement of Domestic Violence Protection Orders

Act

SECTION 15-15.1-4



   § 15-15.1-4  Nonjudicial enforcement of

order. –

(a) A law enforcement officer of this state, upon determining that there is

probable cause to believe that a valid foreign protection order exists and that

the order has been violated, shall enforce the order as if it were the order of

a tribunal of this state. Presentation of a protection order that identifies

both the protected individual and the respondent and on its face, is currently

in effect constitutes probable cause to believe that a valid foreign protection

order exists. For the purposes of this section, the protection order may be

inscribed on a tangible medium or may have been stored in an electronic or

other medium if it is retrievable in perceivable form. Presentation of a

certified copy of a protection order is not required for enforcement.



   (b) If a foreign protection order is not presented, a law

enforcement officer of this state may consider other information in determining

whether there is probable cause to believe that a valid foreign protection

order exists.



   (c) If a law enforcement officer of the state determines that

an otherwise valid foreign protection order cannot be enforced because the

respondent has not been notified or served with the order, the officer shall

inform the respondent of the order, make a reasonable effort to serve the order

upon the respondent, and allow the respondent a reasonable opportunity to

comply with the order before enforcing the order.



   (d) Registration or filing of an order in this state is not

required for the enforcement of a valid foreign protection order pursuant to

this chapter.



History of Section.

(P.L. 2006, ch. 259, § 2; P.L. 2006, ch. 284, § 2.)