37.05.100 Foreign Domestic Violence Protection Orders; Full Faith and Credit Recognition and Enforcement

(a) Subject to Section 37.05.110, a domestic violence Protection Order issued by a court of competent jurisdiction of another state, Indian tribe, the District of Columbia or a commonwealth, territory or possession of the United States must be accorded full faith and credit by the Court of Turtle Mountain Band of Chippewa Indians and enforced as if the Order was issued by a Turtle Mountain Tribal Court.

(1) A foreign domestic violence Protection Order is enforceable on the Turtle Mountain Reservation if all of the following are satisfied:

(A) The Respondent received notice of the Protection Order in compliance with requirements of the issuing jurisdiction;

(B) The Protection Order is in effect in the issuing jurisdiction;

(C) The issuing court had jurisdiction over the parties and the subject matter;

(D) The Respondent was afforded reasonable notice and opportunity to be heard sufficient to protect that person's right to due process. In the case of Ex Parte Protection Orders, notice and opportunity to be heard must have been provided within the time required by the law of the issuing jurisdiction and in any event within a reasonable time after the Protection Order was issued, sufficient to protect the Respondent's due process rights. Failure to provide reasonable notice and opportunity to be heard is an affirmative defense to any prosecution for violation of the foreign Protection Order or any process filed seeking enforcement of the Protection Order; and

(E) If the Protection Order also provides protection for the Respondent, a petition, application or other written pleading must have been filed with the issuing court seeking such a Protection Order and the issuing court must have made specific findings that the Respondent was entitled to the Protection Order.

(b) A person entitled to protection under a foreign domestic violence Protection Order may file the foreign Protection Order in the Tribal Clerk of Court's Office. The person filing the Protection Order shall also file an affidavit with the Clerk of Court certifying the validity and status of the foreign Protection Order and attesting to the person's belief that the Protection Order has not been amended, rescinded or superseded by any other Orders from a court of competent jurisdiction. If a foreign Protection Order is filed under this section, the Clerk of Court shall transmit a copy of the Protection Order to the appropriate local law enforcement agency. Filing of a foreign Protection Order under this section is not a prerequisite to the Order's enforcement by this Tribe. A fee for filing the foreign Protection Order shall not be assessed.

(c) A law enforcement officer may rely upon any foreign domestic violence Protection Order that has been provided to the officer by any source. The officer may make arrests for violation of the Protection Order in the same manner as for violation of a Protection Order issued by this Tribe. A law enforcement officer may rely on the statement of the person protected by

the Protection Order that the Protection Order is in effect and that the Respondent was personally served with a copy of the Protection Order. A law enforcement officer acting in good faith and without malice in enforcing a foreign Protection Order under this section is immune from civil or criminal liability for any action arising in connection with the enforcement of the Protection Order.

(d) Any person who intentionally provides a law enforcement officer with a copy of a foreign domestic violence Protection Order known by that person to be false or invalid or who denies having been served with a Protection Order when that person has been served with such an Order is guilty of a class 2 misdemeanor.