Statutes | 4 HCC § 5 Chapter III § 10 | 2020
a. The Court may issue a written or oral emergency order for protection ex parte when a community or law enforcement officer states to the Court in person or by telephone, and the Court finds reasonable grounds to believe, that the petitioner is in immediate danger of domestic or family violence by the respondent, or the respondent has recently threatened petitioner with additional bodily harm.
b. A community or law enforcement officer who receives an oral order for protection from the court must:
(1) Fill out the emergency order on the form required pursuant to paragraph 8a based on the Court&rsquos directive and sign the form in the space provided for officers
(2) Serve a copy on the respondent
(3) Immediately provide the petitioner with a copy of the order and copies of Section 2265 and 2266 of VAWA for the petitioner to carry along with the order
(4) Provide the order to the Court by the end of the next judicial day. The Court will sign the order, after reviewing its contents and making any necessary modifications.
(a) Ho-Chunk Nation Police Department shall be the first preference of service of process.
(b) Immediate initial hearing shall be issued upon issuance of Ex Parte order.
c. The Court may grant one or more of the following relief in an emergency order for protection.
(1) An emergency order barring the respondent from threatening to commit or committing acts of domestic abuse against the petitioner and any designated family or household member.
(2) An emergency order prohibiting the respondent from intimidating, harassing, menacing, annoying, telephoning, contacting, texting, or otherwise interfering or communicating with the petitioner, directly or indirectly including third party contact.
(3) An emergency order removing or excluding a party from the domicile of the other party and a reasonable area surrounding the domicile, regardless of ownership of the domicile.
(4) An emergency order requiring the parties to stay away from the domicile, school, place of employment, or any specified place frequented or temporarily occupied by the other party and any designated family or household member.
(5) An emergency order prohibiting the respondent from using or possessing a firearm or other weapon specified by the Court including the confiscation of such weapons or such weapons shall be surrendered.
(6) An emergency order granting possession and use of an automobile and other essential personal effects of the parties to the petitioner, and directing the appropriate community or law enforcement officer to accompany the petitioner to the domicile of the parties to ensure that the petitioner is safely restored to possession of the domicile, automobile, and other essential personal effects, or to supervise the petitioner&rsquos or respondent&rsquos removal of personal property to the parties.
(7) An emergency order granting immediate temporary custody of a minor child to the petitioner, including an order designating visitation, transfer and placement while the protection order is in place.
(8) An emergency order prohibiting the respondent from removing a minor child from the jurisdiction of the Court.
(9) An emergency order granting such relief as the Court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member.
d. A judge with authority to issue an order for protection must be available 24 hours a day to hear petitions for emergency orders for protection.
e. An emergency order for protection expires within 72 hours of service. f. Confidentiality of victims address or telephone number. The emergency order for protection shall not disclose the address or telephone number or similar identifying information and location of the petitioner.