§ 4. Scope.

Statutes | 4 HCC § 5 Chapter I § 4

This Act provides the victim of domestic abuse the maximum protection from further abuse which the law, and those who enforce the law, can provide. Furthermore, this Act eliminates barriers to meeting the safety, welfare, and other needs of the victim of family violence, holds batterers accountable...

§ 3. Purpose and Construction.

Statutes | 4 HCC § 5 Chapter I § 3

The purpose of this Act is to establish law prohibiting domestic abuse by or against any Tribal member within the jurisdiction of the Ho-Chunk Nation and to delegate to the Nation&rsquos Departments of Justice and Social Services the power to create and implement the administrative rules and...

§ 2. Findings.

Statutes | 4 HCC § 5 Chapter I § 2

a. Domestic violence is detrimental to the general welfare of the Ho-Chunk Nation as mandated in the preamble of the Constitution of the Ho-Chunk Nation.   b. Domestic abuse is a serious crime against the victim, family, and the Nation.   c. Rules and regulations against domestic abuse...

§ 1. Authority.

Statutes | 4 HCC § 5 Chapter I § 1

a. Article V, Section 2(a) of the Ho-Chunk Nation Constitution (&ldquoConstitution&rdquo) grants the Legislature the power to make laws, including codes, ordinances, resolutions, and statutes.   b. Article V, Section 2(b) of the Constitution grants the Legislature the power to establish...

§ 10. Medical Care.

Statutes | 4 HCC § 3 Chapter II § 10

a. At any time whether or not a child is under the authority of the Court, the Court may authorize medical or surgical care for the child when:       (1) Unavailability of Parent(s), Guardian(s), or Custodian(s). Parent(s), guardian(s), or custodian(s) are not immediately available...

§ 9. Children and Family Service Workers.

Statutes | 4 HCC § 3 Chapter II § 9

a. CFS Workers shall be employed by CFS and shall execute the duties and powers enumerated in this Act.   b. CFS may cooperate with such state and community agencies as necessary to achieve the purposes of this Act. CFS may negotiate working agreements with other jurisdictions. Such agreements...

§ 8. Program Participation and Funding.

Statutes | 4 HCC § 3 Chapter II § 8

a. The Court is authorized to participate in any approved federal, state, tribal, public or private agency programs to carry out the purposes of this Act. This authority is subject to the approval of the Legislature.   b. The Legislature shall provide adequate funding support, as determined by...

§ 6. Jurisdiction.

Statutes | 4 HCC § 5 Chapter III § 6

The Court has jurisdiction to hear a petition for an order for protection and to issue such an order if either the petitioner or the respondent resides, is found, or if the act occurs within territorial jurisdiction of the Court as defined in the Constitution of the Ho-Chunk Nation Article I of...

§ 7. Eligible Petitioners for and Order.

Statutes | 4 HCC § 5 Chapter III § 7

a.  A person who is or has been a victim of domestic abuse may file a petition for an order for protection against a family or household member who has committed an act of domestic abuse.   b.  A parent, guardian, or other representative may file a petition for protection on behalf...

§ 8. Standard Form and Required Statements for Petitions and Orders.

Statutes | 4 HCC § 5 Chapter III § 8

a.  The Ho-Chunk Trial Court must:    (1)  Develop and adopt standard forms for petitions and orders for protection,     including but not limited to such orders issued pursuant to divorce, custody, emancipation and other domestic relations hearings.  The...