Statutes | Fond Du Lac Band, Ord. # 04/07 Chapter 3 ยง 301 | 2019

a. Full Faith and Credit. Whenever any law enforcement officer of the Fond du Lac Band or the 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 or state court, that officer and court shall enforce such order and all provisions of such order, including the award of custody and property in such protection order, as if it were issued by the Fond du Lac Tribal Court.

b. Role of Law Enforcement in Enforcing this Section. If a law enforcement officer of the Fond du Lac Band is presented with a protection order, either ex parte or permanent, or verifies the existence of such an order with the court or law enforcement of the issuing jurisdiction, the officer shall enforce such order as if it had been entered by the Fond du Lac Tribal Court. This shall include arresting a person violating such order 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 protection of the protected person.

c. Immunity for Good Faith Enforcement of Foreiqn Protection Order. An officer or any other law enforcement official of the Fond du Lac Band 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 in Enforcinq This Section. The Fond du Lac Tribal Court shall enforce a protection order, either ex parte or permanent, 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 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 and

     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 may have to the issuance of a permanent protection order.
of a permanent protection order.