Statutes | Title III, Section 632, C.C.C.J. | 2019
(a) Full faith and credit. Pursuant to 18 U.S.C. § 2265, the Chitimacha Tribal Court shall accord full faith and credit to an order for protection against domestic violence issued by a court of competent jurisdiction, provided that:
(1) the court had jurisdiction over the parties and the matter and
(2) reasonable notice and opportunity to be heard was given to the person subject to the order, sufficient to protect that person&rsquos right to due process, to the extent required under 18 U.S.C. § 2265.
(b) Foreign ex parte orders. Ex parte foreign injunctions for protection are not eligible for enforcement under this Section unless notice and opportunity to be heard have been provided within the time required by the foreign state or tribal laws and, in any event, within a reasonable time after the order is issued, sufficient to protect the respondent&rsquos due process rights.
(c) Domestication. Persons protected by a foreign protection order may domesticate the order according to the following procedures:
(1) A protected person who has a valid foreign protection order may file that order by presenting a certified or otherwise authenticated copy of the foreign protection order with a Clerk of Court. Any out-of-state department, agency, or court responsible for maintaining protection order records may by facsimile or electronic transmission send a reproduction of the foreign protection order to the Clerk of Court as long as it contains a facsimile or digital signature by any person authorized to make such transmission.
(2) There shall be a presumption in favor of validity where a protection order appears authentic on its face.
(3) Filing of a protection order with a court and entry of the foreign protection order into any computer-based criminal intelligence information system available in the United States used by law enforcement agencies to list outstanding warrants are not prerequisites for enforcement of the foreign protection order.
(4) The Chitimacha Tribal Court shall accept the filing of a foreign protection order without a fee or cost.
(5) The Clerk of Court shall provide information to a person entitled to protection of the availability of domestic violence or other abuse services to victims.
(6) The Clerk of Court shall assist the person entitled to protection in providing and committing to writing the information necessary to enforce the foreign protection order, including:
(i) The name of the person entitled to protection and any other protected parties
(ii) The name and address of the person who is subject to the restrain provisions of the foreign protection order
(iii) The date the foreign protection order was entered
(iv) The date the foreign protection order expires
(v) The source of law for the relief granted, including citations
(vi) The judicial district and contact information of the court administration for the court in which the foreign protection order as originally entered
(vii) The date of birth and description of the person subject to the restraint provisions of the foreign protection order
(viii) Whether the person who is subject to the restraint provisions of the foreign protection order is believed to be armed and dangerous
(ix) Whether the person who is subject to the restraint provisions of the foreign protection order was served by that order, and if so, the method used to serve the order
(x) The type and location of any other legal proceedings between the person who is subject to the restraint provisions and the person entitled to protection
(xi) An inability to answer any of the above questions does not preclude the filing or enforcement of the foreign protection order.
(7) The Clerk of Court shall provide the person entitled to protection with a copy bearing proof of filing with the Chitimacha Tribal Court.
(8) The Tribal Court judge shall review all foreign protection orders filed with the Chitimacha Tribal Court and, upon review, may order a hearing for the sole purpose of ascertaining the validity of the foreign protection order.
(9) Any assistance provided by the Clerk of Court under this Section does not constitute the practice of law. The Clerk of Court is not liable for any incomplete or incorrect information that he or she is provided.
(d) Transmittal of filed foreign protection orders to law enforcement. The Clerk of Court shall forward a copy of the foreign protection order that is filed under this Chapter on or before the next judicial day to the Chitimacha Tribal Police Department and surrounding Parish law enforcement agencies.
(e) Enforcement.
(1) Subject to Subsection (b) and the limitations herein, law enforcement shall enforce a foreign order for protection against domestic violence as if they were entered by the Chitimacha Tribal Court, irrespective of the respondent&rsquos residence or the failure to domesticate the foreign order. Upon presentation of a foreign protection order by a protected person, the law enforcement officer shall assist in enforcing all of its terms, except matters related to child custody, visitation, and support. A foreign protection order that includes terms regarding child custody, visitation, and/or support must be domesticated before those terms can be enforced.
(2) Before enforcing a foreign order for protection, a law enforcement officer should, to the best of the officer&rsquos ability, confirm the identity of the parties present and review the order to determine that, on its face, it has not expired or is not otherwise inoperative. Enforcement shall not be a condition on the presentation of a certified or true copy of the protection order, provided that a conflicting certified copy is not presented by the respondent or the individual subject to the order.
(3) A law enforcement officer shall use reasonable efforts to verify service of process.
(Added by Ordinance #03-17 Adopted: January 12, 2017 Effective: February 1, 2017)