(a) The Court may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of 1 of the following:
- (1) A person authorized by law of this State other than this part to seek enforcement of a domestic protection order.
- (2) A respondent.
- (b) In a proceeding under subsection (a) of this section, the Court 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 as described in § 1049H of this title.
(c) A Canadian domestic-violence protection order is enforceable under this section if all of the following apply:
- (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.
(4) The order was issued after 1 of the following:
- a. The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order.
- 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) of this section is an affirmative defense in a proceeding seeking enforcement of the order. If the Court determines that the order is not enforceable, the Court shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and § 1049I of this title and may not be registered under § 1049K of this title.
(f) This section applies to enforcement of a provision of a Canadian domestic-violence protection order against a party to the order in which each party is a protected individual and respondent only if both of the following apply:
- (1) The party seeking enforcement of the order filed a pleading requesting the order from the issuing court.
- (2) The issuing court made specific findings that entitled the party to the enforcement sought.
80 Del. Laws, c. 373, § 1