Statutes | Hoopa Valley Tribal Code ยง 14D.2.05 | 2020

(a) Automatic Hearing
A hearing will be automatic on any petition for a protective order under this code.

(b) Scheduling of Hearing
The hearing will be set for 14 days from the date of the filing of the petition for a protective order, or as soon thereafter as available on the Courts calendar, absent good cause to extend the hearing date. The summons shall include the hearing date and time.

(c) Continuance of Hearing Date for Good Cause
The Court may continue the hearing date once for up to 14 days upon a finding of good cause.

(d) Burden of Proof
Unless specifically stated otherwise in any of the chapters, the burden of proof under this code rests with the Petitioner, who must prove by a preponderance of the evidence that the Respondent represents a threat of harm or harassment to the petitioner.

(e) Hearing Procedure

(1) Respondents Opportunity to Admit or Deny the Allegations

The respondent may either admit or deny the allegations contained in the petition. If the respondent denies the allegations, the court may then and there proceed to hear testimony and accept evidence unless the either of the parties request a further continuance, and the court is satisfied that such a continuance is reasonable and necessary under the circumstances.

(2) Presentation of Evidence
Both parties may call such witness and offer such evidence as is deemed by the court to be relevant to the proceedings, subject to the rules of evidence contained in Title 2 of the Hoopa Valley Tribal Code.

(3) Cross Examination
Each party has the right to cross examine any witnesses offered by the other party, including the right to cross examine the other party. The court may, on its own motion, limit or end the cross examination of one party by the other party, where it appears to the Court that the questions are being used to harass or intimidate the other party. The Court must make a factual statement on the record as to why it has made such a finding.

(4) Court Findings
Upon conclusion of the hearing the Court shall makes its findings and conclusions and enter its judgment either dismissing the proceedings or issuing an order for protection after noticed hearing. The Court must make reasonable efforts to insure that the order of protection is understood by the parties present at the hearing.