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

Statutes | 4 HCC § 1 Chapter VII § 31

a. The respondent may request modification of an Elder 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 Elder Protective Restraining Order.   b. Upon receiving the respondent&rsquos...

§ 30. Elder Protective Restraining Order.

Statutes | 4 HCC § 1 Chapter VII § 30

a. An Elder 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 Elder has...

§ 29. Temporary Elder Protective Restraining Order.

Statutes | 4 HCC § 1 Chapter VII § 29

a. An Elder 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 Elder Protective Restraining Order without notice to an alleged...

§ 28. Petition.

Statutes | 4 HCC § 1 Chapter VII § 28

a. A Petition for an Elder Protective Restraining Order shall include:             (1) The name of the Elder             (2) An allegation that:...

§ 89. Motions to Terminate Guardian.

Statutes | 4 HCC § 3 Chapter III § 89

a. Termination is the process whereby the entire guardianship is terminated. This can occur upon the child reaching the age of majority, the child becoming emancipated by Court Order, or a motion to terminate is granted.   b. An Order vesting legal custody of a child to an individual shall be...

§ 27. General Procedure.

Statutes | 4 HCC § 1 Chapter VII § 27

a. No complaint need be filed and summons served in order to obtain an Elder 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 Elder Protective Restraining Order.   c. The...

§ 26. Purpose of Elder Protective Civil Restraining Orders.

Statutes | 4 HCC § 1 Chapter VII § 26

a. The purpose of authorizing Elder Protective Restraining Orders is to provide Elders with a process for obtaining restraining orders independent of contacting law enforcement officers to report a crime. Individuals applying for an Elder Protective Restraining Order should be referred to law...

§ 25. Violation of Protection Orders.

Statutes | 4 HCC § 1 Chapter I § 25

Violation of Court Protection Orders by a respondent may be punished by a fine of not more than $2,000. Said debt shall be a debt owed to the Nation and shall be collected as such pursuant to the Claims Against Per Capita Ordinance, 2 HCC § 8, or by a general garnishment Order.

§ 24. Modification or Termination.

Statutes | 4 HCC § 1 Chapter VI § 24

a. If modification or termination of the Order is needed a Motion shall be filed by a party seeking the modification or termination.   b. Notice shall then be provided for the Motion Hearing. At the Motion Hearing the burden of proof will be on the motioning party to prove by clear and...

§ 23. Elder Protection Order.

Statutes | 4 HCC § 1 Chapter VI § 23

a. If the Court determines that an Elder has been abused, neglected, self-neglected, or exploited, the Court shall issue an Elder Protection Order which provides appropriate protection for the Elder. Such protection may include, but is not limited to the following:   (1) Removing the...