§ 7. Jurisdiction.

Statutes | 4 HCC § 3 Chapter I § 7

a. General Jurisdiction.       (1) The Court shall have the authority to issue all Orders necessary to ensure the safety of children within the Hocak community. This grant of civil jurisdiction to the Court authorizes the Court to exercise its power to issue and enforce subpoenas,...

§ 9. Continuing Duty to Inform Court of Other Proceedings; Effect of Other Proceedings; Delay of Relief Prohibited; Omission of Petitioner's Address.

Statutes | 4 HCC § 5 Chapter III § 9

a.  An order for protection is in addition to and not in lieu of any other available civil or criminal proceeding.  A petitioner is not barred from seeking an order because of other pending proceedings.  The Court must not delay granting relief because of the existence of a pending...

§ 10. Emergency Order for Protection; Available Relief; Availability of Judge; Expiration of Order.

Statutes | 4 HCC § 5 Chapter III § 10

 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...

§ 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

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...

§ 12. Required hearings; Duty of the Court When an Ex Parte Order for Protection is Ordered.

Statutes | 4 HCC § 5 Chapter III § 12

  a.  If the Court issues an order for protection or a modification of an order for protection ex parte, the Court must set a date for a hearing on the petition upon a request by either party made within 30 days after service of the order or modification.  The hearing must be held...

§ 13. Extension of Final Order for Protection.

Statutes | 4 HCC § 5 Chapter III § 13

 a.  Prior to the expiration of a final order for protection, the petitioner may apply for a modification of the order for protection that will extend the time period that the order for protection is effective.   b.  The Court may, in its discretion, issue a final order for...

§ 14. Effect of Action by Petitioner and Respondent on Order.

Statutes | 4 HCC § 5 Chapter III § 14

If a respondent is excluded from the  domicile of a petitioner or ordered to stay away from the petitioner, an invitation by the petitioner to do an act prohibited by the order does not waive or nullify the order for protection.

§ 15. Denial of Relief Prohibited.

Statutes | 4 HCC § 5 Chapter III § 15

The Court must not deny a petitioner relief under a petition solely because of a lapse of time between an act of domestic abuse and the filing of the petition.  Previous reconciliation prior to filing the current action must not be grounds for denying or terminating an order for protection.

§ 16. Mutual Orders for Protection Prohibited.

Statutes | 4 HCC § 5 Chapter III § 16

 The Court must not issue a mutual order for protection to opposing parties.  Where opposing parties seek orders for protection against each other, or a party that is the respondent in an order for protection seeks an order against the petitioner, the Court must determine which party is the...

§ 17. Court-Ordered and Court-Referred Mediation, Marriage Counseling, or Reconciliation of Cases Involving Domestic Abuse.

Statutes | 4 HCC § 5 Chapter III § 17

The Court  may order or refer parties into mediation, marriage counseling, or reconciliation for resolution of the issues in a petition for protection.