Statutes | Hoopa Valley Tribal Code ยง 14D.2.12 | 2020
(a) Ex Parte Modification or Extension
(1) Grounds
The Court my immediately modify an order of protection ex parte, without notice or a hearing, as deemed necessary to protect the Petitioner where:
(A) Respondent has violated a prior or existing order of protection or has engaged in other acts of Violence, harassment, threatening behavior, exploitation, or elder abuse or
(B) There is probable cause to believe that the Petitioner is in danger of violence or some other significant physical, emotional, or financial harm occurring prior to a hearing on the Motion for Modification.
(2) Setting of Noticed Hearing
Where an order is modified ex parte, a noticed hearing must be set within fourteen (14) days of the filing of the modification petition. The hearing date and time must be included in the Modified Protective Order.
(3) Service of Modified Protective Order
The Respondent must be served with the Modified or Extended Protective Order, within 5 days of the hearing date, or the hearing may be continued.
(b) Noticed Hearing Prior to Modification
(1) Grounds
A Motion to Modify or Extend a Protective Order will be granted when the moving party proves either that
(A) circumstance have changed and the protective order is no longer needed or
(B) circumstances have changed and a new term of the protective order is needed to ensure the Respondents safety.
(2) Setting of Noticed Hearing
When an Motion to Modify does not quaiify for an ex parte order, the Hearing date must be set within 14 days of the filing of the Motion, where the other party is personally served with a copy of the Motion, or within 19 days of the filing of the motion where the other party is served by mail with a copy of the Motion.