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(a) Enforcement of Foreign Protection Orders. Whenever any law enforcement officer of the Yurok Tribe or the Yurok Tribal Court is presented with an order, either ex parte or permanent, or verifies the existence of such an order with the court or law enforcement of the issuing jurisdiction, which restrains any person from harassing, annoying, stalking, contacting or coming within a certain proximity to another person that was issued by another tribal, state, or federal court, the provisions of such order shall be enforced as if it were issued by the Yurok Tribal Court.

(b) Role of Law Enforcement. If a law enforcement officer of the Yurok Tribe is presented with such an order, verifies the existence of such an order with the court or law enforcement of the issuing jurisdiction, or is told by an allegedly protected person of the existence of such an order and reasonably believes a violation may occur, the officer shall enforce such order as if it had been entered by the Yurok Tribal Court. This may include arresting a person without the necessity of a warrant, if the officer has probable cause to believe the person has violated the protection order, and taking all necessary steps to assure the safety of the protected person. If an arrest occurs based on an oral representation of the existence of a protection order, confirmation must occur as soon as possible; if confirmation of the order cannot be made within 48 hours the arrested person must be released.

(c) Immunity for Good Faith Enforcement. An officer or any other law enforcement official of the Yurok Tribe who acts in good faith in enforcing a foreign protection order and its terms shall be immune from suit for wrongful arrest or any other civil or criminal action. This immunity shall extend to a Tribal officer who effects the arrest of a non-Indian for violation of a protection order.

(d) Role of Tribal Court. The Yurok Tribal Court shall enforce a protection order and all provisions of that protection order, including child custody and property awards, if all the following are satisfied:

(1) The respondent received notice of the order in compliance with the requirements of the issuing jurisdiction;

(2) The order remains in effect in the issuing jurisdiction;

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

(4) The respondent was afforded reasonable notice and the opportunity to be heard prior to the issuance of a permanent protection order or in the case of an ex parte order it appears from the face of the order that a hearing will be conducted within reasonable time to allow the respondent to raise any defenses he or she may have to the issuance of a permanent protection order.

(e) Registration of Foreign Protection Order with the Tribal Court. Any person who has received a protection order from another tribal, state, or federal court may file it with the Clerk of the Yurok Tribal Court and request that the Court grant it full faith and credit. Immediately upon the filing of that protection order with the Court, a Tribal Judge shall review such filing and, if it appears from the face of the order it meets the requirements of subsection (d) of this section, shall enter an order recognizing the protection order. Said order shall immediately be forwarded to Tribal law enforcement. A person shall be not charged a fee for the filing of a foreign protection order. A person protected by a protection order issued by another court need not file that protection order with the Yurok Tribal Court in order to receive law enforcement protection under this chapter.

(f) Violation of Foreign Protection Order.

(1) Persons who violate a foreign protection order issued by any Tribal, state or federal court within the jurisdiction of the Yurok Tribe are subject to the same civil and criminal penalties otherwise imposed for violations of protection orders under this chapter.

(2) It is not a defense to this article that a protected person had not registered the protection order with the Yurok Tribal Court prior to the violation. [Ord. 62A § 1304, amended, 11/7/2019.]