Statutes | Hoopa Valley Tribal Code ยง 14D.2.04 | 2020
(a) Basis for Issuance
The Court shall immediately grant an ex-parte Emergency Order for Protection if, based on the specific facts stated in the Petition, or at the ex parte hearing, there is probable cause to believe that the Petitioner is in immediate danger of violence or some other significant physical, emotional, or financial harm occurring prior to a hearing on the Petition.
(b) Record Relied upon for Issuance
The court may grant such an order based solely on the papers filed by the Petitioner, or based upon the papers and testimony of the Petitioner at an ex parte hearing. If an aggrieved party acting pro se requests ex parte relief, the Clerk of Court shall schedule an ex parte hearing with the Court by the end of the next day on which the Court is in session. If the Court is not in session, the clerk shall arrange for a pro tem judge to hear the motion for ex parte relief within 24 hours.
(c) Denial of Emergency Order for Protection
If the Court denies a petition for an emergency order, Court staff must inform the Petitioner of his or her right to request a hearing upon notice to the Respondent.