Statutes | 9 GTBC ยง 353 | 2020
§ 353 - Order of Protection
Upon and after hearing, if the court finds, by a preponderance of the evidence, that domestic violence or stalking has occurred or is likely to occur in the future, the court may issue an order of protection containing provisions:
(a) Prohibiting the respondent from committing or threatening to commit acts of domestic violence against the petitioner or the petitioner&rsquos family or household members.
(b) Prohibiting the respondent from contacting, harassing, annoying, telephoning, or otherwise communicating with the petitioner, the petitioner&rsquos family or household members, directly or indirectly, through friends, relatives or co-workers.
(c) Requiring the respondent to vacate, or stay away from, the petitioner&rsquos residence, even if it is a shared residence or principally owned by the respondent.
(d) Requiring the respondent to stay away from any well-defined geographic area, including, but not limited to, a residence, workplace, school or daycare of the petitioner or the petitioner&rsquos family or household members.
(e) Prohibiting the respondent from possessing or using any firearm or other weapon specified by the court, and ordering the respondent to turn such weapons over to law enforcement for safekeeping. In exercising its discretion, the court shall give due consideration to Title 14, Chapter 7.
(f) Establishing possession of the parties&rsquo residence and use of vehicles or other essential personal effects, regardless of ownership, and directing law enforcement to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the residence, vehicle, and other personal effects or to supervise the petitioner&rsquos or respondent&rsquos removal of personal belongings.
(g) Prohibiting the destruction, liquidation or disposal of any and all joint assets or property and any and all specific assets and property of the petitioner.
(h) Granting temporary custody of any minor children to the petitioner and/or establishing visitation rights. Any temporary custody order shall provide for child support and temporary support of the person having custody of the children in amounts deemed proper by the court.
(i) Ordering the respondent to timely pay any exiting debts of the respondent, including mortgage or rental payment necessary to maintain the petitioner in his/her residence.
(j) Ordering the respondent to pay for the support of the petitioner and any minor children if the respondent is found to have a duty to support the petitioner or minor children.
(k) Ordering the respondent to reimburse the petitioner for any expenses associated with the domestic violence incident, including, but not limited to, medical expenses, counseling, shelter, repair or replacement of damaged property, court costs and attorney fees.
(l) Ordering the respondent to attend and successfully complete one (1) or more programs, including, but not limited to, a domestic violence perpetrator program, mental health counseling, substance abuse treatment, and parenting classes, and to execute all forms and releases that are necessary for the court to be kept apprised of the defendant&rsquos compliance with the court&rsquos order.
(m) Any other order the court believes is reasonably necessary to protect and ensure the safety of the alleged victim or family or household member.
History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.