§ 402. Definitions

Statutes | 10 GTBC § 402

(a) For purposes of this Code, the following definitions shall apply:   (1) Adult--A person eighteen (18) years of age or older.   (2) Advocate--A lay person permitted to represent a juvenile offender by the Tribal Court who has received training provided by the Tribal Court. ...

§ 401. Purpose of the Code

Statutes | 10 GTBC § 401

The Grand Traverse Band of Ottawa and Chippewa Indians, referred to in this Code as &ldquothe Tribe,&rdquo has determined that children are the Tribes most valuable resource, and that the welfare of Tribal children is a vital concern of the Tribe   (a) It is essential that Tribal resources,...

§ 359. HIV Testing Provision for Victims of Domestic Violence; HIV Testing

Statutes | 9 GTBC § 359

(a) Victims of sexual assault or abuse (1) A victim of sexual assault or abuse may request Grand Traverse Band Tribal Court to order HIV/AIDS testing of the person who has allegedly committed the offense of sexual assault or abuse providing the victim can demonstrate the following: (a) Victims of...

§ 358. Tribal Domestic Violence Full Faith and Credit; Purpose

Statutes | 9 GTBC § 358

It is the purpose of this chapter to ensure that domestic violence protection offers issued by other jurisdictions, including tribal, federal and state courts, be honored and enforced by the courts of the Grand Traverse Band as well as Tribal Law Enforcement. Chapter X of the Tribal Court Rules...

§ 357. Request to Modify Order by Respondent

Statutes | 9 GTBC § 357

(a) A respondent may request a modification of an order of protection if the order either:   (1) Removes the respondent from a residence that he or she owns   (2) Requires the respondent to stay away from a specific residence, school, place of employment or other location...

§ 356. Request to Terminate or Modify Order by Petitioner

Statutes | 9 GTBC § 356

A temporary modification may be made ex-parte upon a showing of immediate danger to the petitioner or a member of the petitioner&rsquos family or household. However, an order of protection shall not be dismissed until the following have been completed:  (a) The petitioner will attend a...

§ 355. Duration of Order/Motion to Renew

Statutes | 9 GTBC § 355

(a) An order of protection shall remain in effect for a period of two (2) years unless it is terminated or modified by the court prior to that time. The court may make an order of protection for a longer period of time or may make a permanent order of protection if the court determines that it is...

§ 354. Service of Order of Protection

Statutes | 9 GTBC § 354

(a) All orders of protection not received in court shall be served by law enforcement on the respondent by delivering a copy personally to the respondent.  (b) The clerk of the court shall have a copy of any order issued under this chapter forwarded on or before the next judicial day to law...

§ 353. Order of Protection

Statutes | 9 GTBC § 353

§ 353 - Order of Protection  Upon and after hearing, if the court finds, by a preponderance of the evidence, that domestic violence or stalking has occurred or is likely to occur in the future, the court may issue an order of protection containing provisions:  (a) Prohibiting the...

§ 352. Service of Process

Statutes | Grand Traverse Band Code tit. 9, § 352

(a) A petition, notice of hearing, and temporary order of protection issued pursuant to section § 351 shall be served on the respondent at least seventy-two (72) hours before the hearing. If service has not been made within seventy-two (72) hours of the hearing, the court may set a new hearing...