Statutes | Hoopa Valley Tribal Code ยง 14D.5.12 | 2020

(a) Grounds
An Order for Protection may be modified or dismissed following notice and hearing, on the Courts own motion or upon the request of either Petitioner or Respondent if
(1) assessments or treatments ordered by the Court have been completed,

(2) Respondent demonstrates behavioral changes which eliminate the risk of a recurrence of acts of domestic and family violence as verified by treatment providers or other independent sources identified by the Court, or
(3) the Court determines that a less restrictive alternative may be appropriate under the circumstances. The court may modify an order pursuant to this section where the order works an unreasonable hardship upon the Respondent, provided that the safety of the victim or any family or household member protected by the order remains the primary consideration.

(b) Invitation of Petitioner to Respondent

If Respondent is excluded from Petitioners residence or ordered to stay away from Petitioner, an invitation by the Petitioner to do so does not waive or nullify an Order for Protection.

(c) Finding that Petitioners Dismissal or Modification Request Voluntary and Knowing

The Court may not dismiss or modify a protective order at the request of the Petitioner unless the Court is convinced that the request is voluntary, and made with full knowledge of the potential danger that may result from the modification or dismissal of the order.

(1) Hearing
The court must hold a hearing and ask the Petitioner at the hearing sufficient questions to determine whether or not the request is voluntary and knowing.

(2) Requirement that Petitioner Meet with Professional to Discuss Dangers of Domestic Violence.
The court may continue the hearing and order the petitioner to meet with a domestic violence advocate, a mental health counselor, or other trained professional to discuss the pattern of domestic violence, the warning signs of violence within a relationship, a safety plan and any other relevant safety concerns prior to ruling on the request for modification
or dismissal.