Current through the 2023 Legislative Sessions
Section 14-07.5-02 - Nonjudicial enforcement of order1. A law enforcement officer of this state, upon determining there is probable cause to believe a valid Canadian domestic violence protection order exists and that the order has been violated, shall enforce the Canadian domestic violence protection order as if it were the order of a tribunal of this state. Presentation of a record of a Canadian domestic violence protection order that identifies both a protected individual and a respondent and, on its face, is currently in effect, constitutes probable cause to believe that a valid 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.2. If a record of a Canadian domestic violence protection order is not presented, the officer may consider other information in determining whether there is probable cause to believe a valid Canadian domestic violence protection order exists.3. If a law enforcement officer of this state determines an otherwise valid Canadian domestic violence protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the protected individual that the officer will make reasonable efforts to contact the respondent. After informing the respondent and serving the order, the officer shall allow the respondent a reasonable opportunity to comply with the order before enforcing the order.4. If a law enforcement officer determines an individual is a protected individual, the officer shall inform the individual of available local victim services.5. Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order under this chapter.Added by S.L. 2017, ch. 118 (SB 2170),§ 1, eff. 8/1/2017. See S.L. 2017, ch. 118 (SB 2170), § 2.