§ 15-15.1-4 - Nonjudicial enforcement of order.

SECTION 15-15.1-4

   § 15-15.1-4  Nonjudicial enforcement oforder. – (a) A law enforcement officer of this state, upon determining that there isprobable cause to believe that a valid foreign protection order exists and thatthe order has been violated, shall enforce the order as if it were the order ofa tribunal of this state. Presentation of a protection order that identifiesboth the protected individual and the respondent and on its face, is currentlyin effect constitutes probable cause to believe that a valid foreign protectionorder exists. For the purposes of this section, the protection order may beinscribed on a tangible medium or may have been stored in an electronic orother medium if it is retrievable in perceivable form. Presentation of acertified copy of a protection order is not required for enforcement.

   (b) If a foreign protection order is not presented, a lawenforcement officer of this state may consider other information in determiningwhether there is probable cause to believe that a valid foreign protectionorder exists.

   (c) If a law enforcement officer of the state determines thatan otherwise valid foreign protection order cannot be enforced because therespondent has not been notified or served with the order, the officer shallinform the respondent of the order, make a reasonable effort to serve the orderupon the respondent, and allow the respondent a reasonable opportunity tocomply with the order before enforcing the order.

   (d) Registration or filing of an order in this state is notrequired for the enforcement of a valid foreign protection order pursuant tothis chapter.