Statutes | 9 GTBC ยง 357 | 2020
(a) A respondent may request a modification of an order of protection if the order either:
(1) Removes the respondent from a residence that he or she owns
(2) Requires the respondent to stay away from a specific residence, school, place of employment or other location
(3) Grants the petitioner possession and use of automobile and other essential personal items
(4) Grants the petitioner temporary custody of a child or children
(5) Provides or denies the respondent visitation with his or her minor child or children
(6) Requires the respondent to make payments to the petitioner, the court or another party.
(b) Upon receiving the respondent&rsquos request, the court shall set a hearing date as soon as practicable, but in no event later that fifteen (15) days after the next day on which court is in session following the filing of respondent&rsquos request. Notice of the request for modification and the hearing date shall be served on the petitioner in accordance with § 352(b) through (d).
(c) At the hearing, the court shall consider whether any less restrictive alternatives may be appropriate under the circumstances. The court may modify the order where the order works an unreasonable hardship upon the respondent, provided that the safety of the victim and any family or household member remains the primary consideration.
History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.