# Title 14 — Domestic Relations and Persons

## Chapter 14-07.4 — Uniform Interstate Enforcement of Protection Orders Act

### § 14-07.4-01. Definitions.

In this chapter:
1. "Foreign protection order" means a protection order issued by a tribunal of another
state.
2. "Issuing state" means the state whose tribunal issues a protection order.
3. "Mutual foreign protection order" means a foreign protection order that includes
provisions issued in favor of both the protected individual seeking enforcement of the
order and the respondent.
4. "Protected individual" means an individual protected by a protection order.
5. "Protection order" means an injunction or other order, issued by a tribunal under the
domestic violence or family violence laws of the issuing state, to prevent an individual
from engaging in violent or threatening acts against, harassment of, contact or
communication with, or physical proximity to another individual. The term includes an
injunction or other order issued under the antistalking laws of the issuing state.
6. "Respondent" means the individual against whom enforcement of a protection order is
sought.
7. "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes an Indian tribe or band that has
jurisdiction to issue protection orders.
8. "Tribunal" means a court, agency, or other entity authorized by law to issue or modify a
protection order.
### § 14-07.4-02. 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.
### § 14-07.4-03. Nonjudicial enforcement of order.

1. 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.
2. If the protection order is not presented, the officer may consider other information in
determining whether there is probable cause to believe that a valid foreign protection
order exists.
3. If a law enforcement officer of this 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 and make a
reasonable effort to serve the order upon 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. Registration or filing of an order in this state is not required for the enforcement of a
valid foreign protection order under this chapter.
### § 14-07.4-04. Registration of order.

1. Any individual may register a foreign protection order in this state. To register a foreign
protection order, an individual shall present a certified copy of the order to any clerk of
district court in this state.
2. Upon receipt of a protection order, the clerk of district court shall register the order in
accordance with this section. After the order is registered, the clerk of district court
shall furnish to the individual registering the order a certified copy of the registered
order. If a foreign order is registered, the clerk of district court shall transmit a copy of
the order to the appropriate law enforcement agency.
3. The clerk of district court shall register an order upon presentation of a copy of a
protection order which has been certified by the issuing state. A registered foreign
protection order which is inaccurate or is not currently in effect shall be corrected or
removed from the registry in accordance with the law of this state.
4. An individual registering a foreign protection order shall file an affidavit by the
protected individual that, to the best of the individual's knowledge, the order is
currently in effect.
5. A foreign protection order registered under this chapter may be entered in any existing
state or federal registries of protection orders, in accordance with state or federal law.
6. A fee may not be charged for the registration of a foreign protection order or the
correction or removal of a foreign protection order.
### § 14-07.4-05. Immunity.

This state or a local governmental agency, or a law enforcement officer, prosecuting
attorney, clerk of district court, or any state or local governmental official acting in an official
capacity, is immune from civil and criminal liability for an act or omission arising out of the
registration or enforcement of a foreign protection order or the detention or arrest of an alleged
violator of a foreign protection order if the act or omission is done in good faith in an effort to
comply with this chapter.

### § 14-07.4-06. Other remedies.

Pursuing remedies under this chapter does not preclude a protected individual from
pursuing other legal or equitable remedies against the respondent.
### § 14-07.4-07. Penalty.

Violation of a protection order under this chapter is a class A misdemeanor. A second or
subsequent violation of such an order is a class C felony.
