10.10.130 Procedure for obtaining an order of protection.
(a) Who May Petition. A petition to obtain an order of protection under this article may be filed with the Clerk of the Yurok Tribal Court by:
(1) Any person claiming to be the victim of domestic violence or harassment; or
(2) Any family or household member of a minor child or adult who is claimed to be in need of protection, 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; or
(3) Office of Tribal Attorney on behalf of the Tribe, a Tribal entity, or any employee of the Tribe suffering harassment at the workplace.
(b) Forms. A petition for an order of protection should be made on the forms adopted for that purpose by the Yurok Tribal Court and provided on request by the Clerk of the Court:
(1) A request for an order to stop harassment should be made on request for a restraining order civil harassment; and
(2) A request for an order to prevent domestic violence should be made on request for domestic violence restraining order.
(c) Protecting Others. If the petitioner requests protection for other persons over 18 years of age who have capacity, each such person must sign the petition confirming that they are joining in the request or a declaration must be provided stating why such persons are not signing.
(d) No Fees. Fees for filing and service of process shall not be charged for any proceeding seeking only the relief provided in this chapter.
(e) Service. Upon the filing of a petition under this article, the petitioner or the Clerk of the Court shall as soon as possible have served upon the respondent a copy of the petition, any temporary protection order, and notice of hearing of the petition.
(f) Hearing. A hearing to determine whether a permanent order for protection should be issued shall be held at the next calendared court date, unless the next court date is within 10 days of filing the petition.
(g) Continuance.
(1) At the time of the permanent order for protection hearing, a continuance may be granted when:
(A) A party requests a continuance and shows that there is good cause for the request; or
(B) Respondent is represented by an attorney or advocate and the aggrieved party is not, and the aggrieved party requests a continuance in order to retain an attorney or advocate.
(2) During the time of any continuance, any temporary order will remain in effect unless there is good cause for modification. [Ord. 62A § 1202, amended, 11/7/2019.]