§ 11. Order for Protection: Modification of Order; Relief Available after Ex Parte; Relief Available after Hearing; Duties of the Court; Duration of Order.

Statutes | 4 HCC § 5 Chapter III § 11 | 2020

a.  If it appears from a petition for an order for protection or a petition to modify an order for protection that domestic abuse has occurred or a modification of an order for protection is required, the Court may:
 
  (1)  Without notice or hearing, immediately issue an order for protection ex parte or modify an order for protection ex parte as it deems necessary to protect the petitioner 
 
  (2)   Hold an immediate initial hearing within 72 hours
 
  (3)  Upon notice, issue an order for protection or modify an order after a hearing whether or not the respondent appears.
 
 b.  The Court may grant sua sponte any relief available in accordance with paragraph 10c without notice and hearing in an order for protection or a modification issued ex parte.
 
 c.  The Court may grant the following relief in an order for protection, or a modification of an order, after notice and hearing, whether or not the respondent appears:
 
  (1)  The court may issue any relief available in accordance with paragraph 10c
 
  (2)  The court may issue an order specifying arrangements for visitation with any minor child by the parties and requiring supervision of that visitation by a third party or deny visitation if necessary to protect the safety of the petitioner or the minor child.  Visitation arrangements must not compromise any other remedy provided by the Court by requiring or encouraging contact between the petitioner and the parties
 
  (3)  The court may issue an order prohibiting the parties from transferring, encumbering or otherwise disposing of specified property mutually owned or leased by the parties
 
  (4)  The court may issue an order requiring the parties to pay attorney&rsquos fees
 
  (5)  The court may issue an order requiring the parties to:
 
   (a)  Pay rent or make payment on a mortgage on the parties&rsquo  domicile and pay for the support of the party
 
   (b) Provide financial assistance for the minor child if the party is found to have a duty to support the party or minor child
 
   (c)  Reimburse the petitioner for any expenses associated with the domestic abuse, including but not limited to loss of earnings or other support, out-of-pocket losses for injuries sustained, cost of counseling, shelter expenses, moving or other travel expenses, and cost of repairs or replacement of property damaged or taken, cost of child care, and any other reasonable expenses

 

(d)  Pay the cost and fees incurred  in bringing the action as a debt to the HoChunk Nation
 
   (e)  Pay an award for emergency monetary relief to the petitioner and other dependents, if any, as a debt to the Ho-Chunk Nation
 
   (f)  Pay compensation for pain and suffering, and punitive damages where appropriate as a debt to the Ho-Chunk Nation
 
 d.  Confidentiality of victims address or telephone number.  The court order shall not disclose the address or telephone number similar identifying information of the petitioner.
 
 e.  The Court must:
 
  (1)  Cause the order to be delivered for service     (2)  Make reasonable efforts to ensure that the respondent and the petitioner, if present, understand the order for protection
 
  (3)  Transmit, by the end of the next business day after the order is issued, a copy of the order for protection to any non-tribal law enforcement agencies designated by the Court or the petitioner    (4)  Transmit a copy of the order to the state registry
 
  (5) Confirm that prior to releasing an order that the address or telephone number or similar identifying information of the alleged victim is not on the order.
 
 f.  An order for protection will be binding upon the parties to the action, their officers, agents, servants, employees, attorneys, and any other person in active concert or participation with them except, where treatment for domestic violence issues is voluntarily sought by the parties.