Title 8, Family Law & Probate

Jurisdiction; Venue; Residency Not Required to Petition. (a) The Commonwealth Superior Court has jurisdiction to issue orders for protections. (b) A petition for an order for protection may be filed in the Commonwealth Superior Court: (1) Where the petitioner currently or tempora…

Continuing Duty to Inform Court of Other Proceedings; Effect of Other Proceedings; Delay of Relief Prohibited; Omission of Petitioner’s Address. (a) At any hearing in a proceeding to obtain an order for protection, each party has a continuing duty to inform the court of each proc…

Emergency Order for Protection; Available Relief; Availability of Judge; Expiration of Order. (a) The Superior Court may issue a written or oral emergency order for protection, ex parte, when a police officer, who is investigating an allegation of domestic or family violence stat…

Order for Protection; Modification of Orders; Relief Available Ex Parte; Relief Available After Hearing; Duties of the Court; Duration of Order. (a) If it appears from a petition for an order for protection or a petition to modify an order for protection that domestic or family v…

Required Hearings; Duty of Court When Order for Protection Denied. (a) Except as otherwise provided in subsection (b), if a court issues an order for protection ex parte or a modification of an order for protection ex parte and the court provides relief pursuant to subsection (b)…

Effect of Action By Petitioner or Respondent on Order. If a respondent is excluded from the residence of a petitioner or ordered to stay away from the petitioner, an invitation by the petitioner to do so does not waive or nullify an order for protection. Source: PL 12-19, § 2 (20…

Denial of Relief Prohibited. The court shall not deny a petition for relief requested pursuant to Section 1915 or 1916 solely because of a lapse of time between an act of domestic or family violence and the filing of the petition. Source: PL 12-19, § 2 (209), modified.

Mutual Orders for Protection. A court may grant mutual orders for protection to opposing parties where the court deems it in the best interest of the parties. Source: PL 12-19, § 2 (210); amended by PL 12-30, § 2 (3); section title amended by PL 15-64, § 3(g). Commission Comment:…

Court-Ordered and Court-Referred Mediation of Cases Involving Domestic or Family Violence Prohibited. Upon consent of the parties only may a court order parties into mediation or refer them to mediation for resolution of the issues in a petition for an order for protection. Sourc…

Court Costs and Fees. Court cost and fees shall be in accordance and pursuant to 7 CMC § 3201 and 1 CMC § 3403. Source: PL 12-19, § 2 (212); amended by PL 12-30, § 2 (4). Commission Comment: See comment to 8 CMC § 1912 regarding PL 1230.

Victim’s Advocate: Assistance to Victims of Domestic or Family Violence. (a) There is hereby established within the Office of the Attorney General the Office of the Victim’s Advocate which shall provide assistance to victims of domestic or family violence. The Victim’s Advocate m…

Registration and Enforcement of Foreign Orders for Protection; Duties of Court Clerk. (a) A certified copy of an order for protection issued in another state may be filed in the office of the Clerk of the Superior Court. The clerk shall act upon the order in the same manner that …

Commonwealth Registry for Orders for Protection. (a) The Clerk of the Superior Court, and the Department of Public Safety shall maintain a registry of all orders for protection issued by a court of this Commonwealth or registered in this Commonwealth. The order must be included i…

Penalties. (a) Whenever an order for protection is issued pursuant to this Chapter, and the respondent has been served with, or otherwise notified of the order, violation of the order shall constitute contempt of court, punishable by up to six months in jail, a $100 fine, or both…

Presumptions Concerning Custody. In every proceeding where there is at issue a dispute as to the custody of a child a determination by the court that domestic or family violence has occurred raises a rebuttable presumption that it is detrimental to the child and not in the best i…

Factors in Determining Custody and Visitation. (a) In addition to other factors that the Superior Court must consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of domestic or family violence: (1…

Presumption Concerning Residence of Child. In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the Superior Court that domestic or family violence has occurred raises a rebuttable presumption that is in the best interest of the c…

Change of Circumstances. In every proceeding in which there is at issue the modification of an order for custody or visitation of a child, the finding that domestic or family violence has occurred since the last custody determination constitutes a finding of a change of circumsta…

Conditions of Visitation in Cases Involving Domestic and Family Violence. (a) The Superior Court may award visitation to a parent who committed domestic or family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim o…

Duty of Mediator to Screen for Domestic Violence During Mediation Referred or Ordered By the Court. (a) A mediator who, in a proceeding brought outside of this Chapter, receives a referral or order from the court to conduct mediation shall screen for the occurrence of domestic or…

Mediation in Cases Involving Domestic or Family Violence. (a) In a proceeding concerning the custody or visitation of a child, if an order for protection is in effect the court shall not order mediation or refer either party to mediation except upon consent of the parties. (b) In…

Duties of the Child Protection Services. (a) The Department of Community and Cultural Affairs, Division of Youth Services, shall develop written procedures for screening each referral for abuse or neglect of a child to assess whether abuse of another family or household member is…

Counseling for Victims. The court may refer but shall not order an adult who is a victim of domestic or family violence to attend counseling relating to the victim’s status or behavior as a victim. Source: PL 12-19, § 2 (309).

Creation of Commonwealth Task Force on Domestic or Family Violence; Purpose; Required Report. (a) There is hereby created the Family Violence Task Force. (b) The purpose of this Task Force is to increase the awareness and understanding of domestic or family violence and its conse…

Commonwealth Public Health Plan for Reducing Domestic and Family Violence. (a) The Department of Public Health, Division of Mental Health, shall: (1) Assess the impact of domestic or family violence on public health; and (2) Write a Commonwealth Public Health Plan for reducing th…

Standards for Healthcare Facilities, Practitioners, and Personnel; Specialized Procedures and Curricula Concerning Domestic or Family Violence. (a) The Department of Public Health shall promulgate standards for healthcare facilities, practitioners, and personnel in the facilities…

Notice of Rights of Victims and Remedies and Services Available; Required Information. (a) The Department of Public Health shall make available to practitioners and health care facilities a written notice of the right of victims and remedies and services available to victims of d…

Hospitals Required to Provide Certain Information to Parents. Hospitals shall provide information concerning domestic or family violence to parents of newborn infants and to parents of hospitalized minors. The information must include but is not limited to the effect of domestic …

Regulation of Programs of Intervention for Perpetrators; Required Provisions; Duties of Providers. (a) The Department of Public Health shall promulgate rules or regulations for programs of intervention for perpetrators of domestic or family violence. The rules or regulations must…

Continuing Education for Law Enforcement Officers Concerning Domestic or Family Violence; Content of Course. (a) The Department of Public Safety shall provide at least two hours of continuing education concerning domestic or family violence to law enforcement officers each year. …

Continuing Education of Judges and Court Personnel; Content of Course. (a) The Supreme Court shall develop and present courses of continuing education concerning domestic or family violence for judicial officers and court personnel. (b) The courses must be prepared and presented …

Continuing Education for Commonwealth Employees Who Work with Domestic or Family Violence Cases and Who are Required to Report Abuse and Neglect of Children. (a) The Department of Community and Cultural Affairs shall provide courses of continuing education concerning domestic and…

Required Curricula for Commonwealth Education System. (a) The Commonwealth Public School System shall select or develop: (1) Curricula for students concerning domestic or family violence that are appropriate for various ages; and (2) Curricula for school counselors, health-care p…

Continuing Education for School Personnel Who are Required to Report Abuse and Neglect of Children. (a) The Commonwealth Public School System shall provide courses of continuing education concerning domestic or family violence for employees who are required by law to report abuse…

Intestate Estate. Any property of the estate of a decedent not effectively disposed by the decedent’s will passes to his heirs as prescribed in the following sections of this chapter. Source: PL 3-106, ch. 9, § 1.

Chamorro Custom: Ancestors’ Land. Ancestors’ land passes in intestacy in the following manner: (a) The surviving spouse obtains a life estate, with the issue obtaining a vested remainder in fee simple by representation. (b) If there is no surviving spouse, the surviving issue of …

Chamorro Custom: Other Properties. (a) The surviving spouse obtains one-half of all properties, other than those listed in 8 CMC § 2902. (b) The issue of the decedent obtain one-half of all properties, other than those listed in 8 CMC § 2902, by representation. (c) If there is no…

Carolinian Custom: Family Land. (a) Unless the family consents or agrees otherwise, family land passes to a new customary trustee in the following manner: (1) Upon the death of the customary trustee, title passes to the oldest surviving sister of the decedent; (2) If there is no …

Carolinian Custom: All Other Lands. (a) Unless the family consents or agrees otherwise, or unless indicated by a will, if the father predeceases the mother, or if the mother predeceases the father, all of the lands brought into the family by him or her pass to a customary trustee…

Carolinian Custom: Personal Properties. Unless the family consents or agrees otherwise: (a) If the father predeceases the mother, the personal properties of the decedent pass to the mother in fee simple. (b) If the mother predeceases the father, the personal properties of the dec…

Carolinian Custom: Permanent Structures on Family Land. No person shall construct, have constructed, or occupy a permanent structure on land held by a customary trustee without receiving prior approval to do so. Unless the family consents or agrees otherwise, prior approval shall…

Carolinian Custom: Effect of Adoptions. Unless the family consents or agrees otherwise, a person adopted by law or custom into a Carolinian family shall be treated under this law as if he were born into the Carolinian family. Source: PL 3-106, ch. 9, § 8. Commission Comment: See …

Carolinian Custom: Procedures for Granting Consent. Unless the family consents or agrees otherwise, the requirement in this law that all of the members of the family with title to or use rights in the land consent is met if the customary trustee and his surviving brothers and sis…

Carolinian Custom: Rights and Duties of Customary Trustee. Unless the family consents or agrees otherwise, a customary trustee holds title to land only as a guardian of the land for the benefit of all other individuals in a lineal descent from the original land holder. The indivi…

Carolinian Custom: Outside Trustees. Unless the family consents or agrees otherwise, upon the death of a customary trustee who is unrelated to the family whose land he holds, title passes to the family whose land it is in accordance with the provisions of this law. The members of…

Intestacy for Those Not of Northern Marianas Descent. The properties of decedents who are not persons of Northern Marianas descent as defined in N.M.I. Const. art. XII, § 4 pass in intestacy in the following manner: (a) The surviving spouse obtains the entire intestate estate if …