[§586C-4] Enforcement of Canadian domestic-violence protection order by tribunal.

335 words·~2 min read·/hi/586c-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of:

(1)A person authorized by law of this State other than this chapter to seek enforcement of a domestic-protection order; or

(2)A respondent.

(b)In a proceeding under subsection (a), the 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.

(c)A Canadian domestic-violence protection order is enforceable under this section if:

(1)The order identifies a protected individual and a respondent;

(2)The order is valid and in effect;

(3)The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court; and

(4)The order was issued after:

(A)The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order; or

(B)In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process.

(d)A Canadian domestic-violence protection order valid on its face is prima facie evidence of its enforceability under this section.

(e)A claim that a Canadian domestic-violence protection order does not comply with subsection

(c)is an affirmative defense in a proceeding seeking enforcement of the order. If the tribunal determines that the order is not enforceable, the tribunal shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and section 586C-3 and may not be registered under section 586C-5.

(f)A person who violates a valid Canadian domestic-violence protection order shall be subject to the penalties provided in section 586-26. [L 2022, c 107, pt of §1]