§ 26. Purpose of Adult-at-Risk Protective Restraining Orders.

Statutes | 4 HCC § 12 Chapter VII § 26

a. The purpose of authorizing Adult-at-Risk Protective Restraining Orders is to provide Adult-at-Risk with a process for obtaining restraining orders independent of contacting law enforcement officers to report a crime. Individuals applying for an Adult-at-Risk Protective Restraining Order should...

§ 27. General Procedure.

Statutes | 4 HCC § 12 Chapter VII § 27

a. No complaint need be filed and summons served in order to obtain an Adult-at-Risk Protective Restraining Order. An action under this section may be commenced only by a Petition being served on the respondent.     b. No filing fees are required for an Adult-at-Risk Protective...

§ 28. Petition.

Statutes | 4 HCC § 12 Chapter VII § 28

a. A Petition for an Adult-at-Risk Protective Restraining Order shall include:   (1) The name of the Adult-at-Risk   (2) An allegation that:  (a) The respondent has abused, neglected, or exploited an Adult-at-Risk or  (b) The respondent has threatened to engage in abuse,...

§ 29. Temporary Adult-at-Risk Protective Restraining Order.

Statutes | 4 HCC § 12 Chapter VII § 29

a. An Adult-at-Risk Protective Restraining Order Petition shall be filed and served pursuant to Sections 27 and 28 above.  b. The Court may issue, upon its own motion or the motion of a party, a written, oral, or telephonic Temporary Adult-at-Risk Protective Restraining Order without notice to...

§ 33. Disobedience-Contempt.

Statutes | 4 HCC § 12 Chapter VIII § 33

a. Any person summoned as herein provided, whom, without reasonable cause fails to appear may be proceeded against for contempt of court pursuant to the Ho-Chunk Nation Contempt Ordinance and the Court may cause a bench warrant to be issued to produce such a person in Court.  b. No one...

§ 32. Motion to Extend/Terminate/Modify Order.

Statutes | 4 HCC § 12 Chapter VII § 32

a. A Motion to extend, terminate, or modify an Adult-at-Risk Protective Restraining Order shall include:        (1) The name of the Adult-at-Risk        (2) An allegation that:          (a) the respondent has abused,...

§ 31. Request to Modify Order by Respondent Due to Lack of Notice.

Statutes | 4 HCC § 12 Chapter VII § 31

a. The respondent may request modification of an Adult-at-Risk Protective Restraining Order where he or she can show by a preponderance of the evidence that he or she did not receive adequate notice of the hearing for an Adult-at-Risk Protective Restraining Order.   b. Upon receiving the...

§ 30. Adult-at-Risk Protective Restraining Order.

Statutes | 4 HCC § 12 Chapter VII § 30

a. An Adult-at-Risk Protective Restraining Order Petition shall be filed and served pursuant to Sections 27 and 28 above.  b. After the hearing on the Petition, whether or not the respondent appears, if the judge finds reasonable cause to believe that neglect, abuse, or exploitation of an...

§ 34. Severability.

Statutes | 4 HCC § 12 Chapter VIII § 34

If any part or parts, or application of any part of this Act is held invalid, such holding shall not affect the validity of the remaining parts of this Act.

§ 5. Definitions.

Statutes | 4 HCC § 5 Chapter II § 5

Unless context otherwise requires, terms used in the Ho-Chunk Nation Domestic Abuse Act of 2000 have the following meaning:   a. &ldquoAdvocate&rdquo means an employee of a program that provides services to victims of domestic violence, includes legal advocates.   b. &ldquoBodily...