“Attorney/advocate” means a person practicing as an advocate or attorney who is a member in good standing of the Yurok Bar Association and includes any other person allowed to represent a party at the discretion of a hearing judge. Either party may appear on his or her own behalf.

“Domestic violence” means the commission of one or more of the following acts upon an aggrieved party or upon a member of the aggrieved party’s family or household by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense or actions taken in defense of a minor child or persons deemed unable to defend themselves by virtue of age or incapacitation:

“Enforcing court” means a tribal, state, or federal court that recognizes and enforces an ex parte or permanent order of protection against a person issued by another tribal, state, or federal court.

“Ex parte protection order” means a temporary or emergency order restraining any person from harassing, annoying, stalking, contacting, or coming within a certain proximity to another person that is issued by a tribal, state, or federal court with jurisdiction over the person restrained and subject matter jurisdiction. The order shall also provide for an opportunity for a restrained person to be heard before the issuance of a permanent order of protection.

“Family or household member” means spouses, former spouses, common-law spouses, domestic partners, parents, grandparents, children, siblings, half siblings, cousins, aunts, uncles, and adult persons or emancipated minors presently residing together or who have a child in common regardless of whether they have been married at any time.

“Full faith and credit” requires enforcing an ex parte or permanent order of protection from another court as if it were an order of the Yurok Tribal Court. In enforcing said order of protection, the court and its law enforcement agencies shall apply all laws and ordinances, including mandatory arrest for violations of protection orders, that the Court has in existence at the time enforcement of the foreign protection order is sought. Registration of the protection order is not a prerequisite to enforcement under this definition.

“Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful pattern of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress. Harassment does not include acts of self-defense or actions taken in defense of a minor child or persons deemed unable to defend themselves by virtue of age or incapacitation.

“Indian” means any person who is a member of a tribe recognized by federal or state government. To the extent allowed by state and federal law, persons may be considered to be Indian under this chapter even if not formally enrolled in a tribe, so long as they are recognized as Indian by a tribe.

“Issuing court” means a tribal, state, or federal court that issues an ex parte or permanent order of protection against a person.

“Mutual protection order” means an order issued by a tribal, state, or federal court which restrains both parties to a proceeding from harassing, annoying, stalking, contacting or coming within a certain proximity to another person. In order to be enforced by the Yurok Tribal Court, a mutual protection order must be the result of both parties to a proceeding filing separate protection order petitions and the issuing Court finding that each of the persons to a mutual protection order have committed an act of domestic violence or harassment under the laws of the issuing jurisdiction.

“Permanent order of protection” means an order restraining any person for a specified period of time from harassing, annoying, stalking, contacting, or coming within a certain proximity to another person issued by a tribal, state, or federal court with jurisdiction over the person restrained and subject matter jurisdiction. The order may be the result of a civil protection order proceeding or the result of an order arising from a criminal prosecution against a person. Civil orders for protection granted by the Yurok Tribal Court may be in effect for a period of time not to exceed one year, and upon request may be amended, modified, or renewed for up to three years.

“Personal relationship” means a relationship wherein the parties involved:

“Protected person” means any person who is protected by a protection order, whether that person personally filed or joined in the request for protection, or is a minor child or adult, claimed to be in need of protection, who is in the requesting party’s care and consents to be represented or is found to be lacking in the immediate capacity to consent based upon the declaration of the requesting party.

“Registration” is the act of either (1) filing a protection order issued by another court with the Yurok Tribal Court or with the Yurok Tribal Police, or (2) filing a protection order issued by the Yurok Tribal Court with another tribal, state, or federal court or law enforcement agency.

“Tribal Court” means the Yurok Tribal Court. [Ord. 62A § 1007, amended, 11/7/2019.]