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Where individuals seek issuance of a child protection restraining order under this section, the following shall apply:

(a) Definitions.

(1) “Family violence” means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

(A) Attempting to cause or causing physical harm to another family or household member;

(B) Placing a family or household member in fear of physical harm; or

(C) Causing a family or household member to engage involuntarily in sexual activity by force, threat of force, or duress.

(2) “Family or household members” means:

(A) Adults or minors who are current or former spouses;

(B) Adults or minors who live together or who have lived together;

(C) Adults or minors who are related by blood or adoption;

(D) Adults or minors who are related or formerly related by marriage;

(E) Persons who have a child in common; or

(F) Minor child of a person in a relationship that is described in subsections (A) through (D) of this subsection.

(b) Eligible Petitioners for Order.

(1) The following persons may file a petition for a temporary emergency child protection restraining order against a family or household member who commits an act of family violence:

(A) A child who allegedly is or has been a victim of family violence;

(B) The parent, guardian, caretaker, or other representative of the alleged victim of family violence; or

(C) An agency, or its representative, designated by Yurok Tribal law to file such a petition.

(c) Uniform Form Required for Petitions and Orders – Required Statements in Petitions and Orders – Duty of Clerk to Provide Petitions and Clerical Assistance.

(1) The Court shall:

(A) Develop and adopt uniform forms for petitions and orders for temporary emergency child protection restraining orders; and

(B) Provide the forms to the clerk of the court authorized to issue such orders.

(2) The petition for a temporary emergency child protection restraining order must contain the following information:

(A) A statement listing each civil or criminal action involving both respondent and petitioner;

(B) The statement, “Violation of this order is punishable by confinement in jail for as long as one year and/or a fine not to exceed $5,000.00”; and

(C) Any other information the Tribal Court deems necessary.

(3) The clerk of the Court shall provide to a person requesting an order for protection:

(A) The forms adopted pursuant to subsection (c)(1) of this section;

(B) All other forms required to petition for a temporary emergency child protection restraining order, including but not limited to, forms for service and forms required by the Uniform Child Custody Jurisdiction Act; and

(C) Clerical assistance in filling out the forms and filing the petition.

(4) Temporary Emergency Child Protection Restraining Order – Available Relief – Availability of Judge or Court Officer.

(A) The Court may issue a written or oral emergency order for protection ex parte when a Yurok Public Safety Officer, or other authorized Tribal agent, states to the court, in person or by telephone, facts giving rise to a reasonable belief that the petitioner is in immediate danger of family violence.

(B) A Yurok Public Safety Officer who receives an oral order of protection from a court shall:

(i) Write and sign the order on the form required pursuant to subsection (c) of this section;

(ii) Serve a copy on the respondent;

(iii) Immediately provide the petitioner with a copy of the order; and

(iv) Provide the order to the court by the end of the next judicial day.

(C) The court may grant the following relief in an emergency order for protection:

(i) Enjoin the respondent from threatening to commit or committing acts of domestic or family violence against the petitioner and any designated family or household member; or

(ii) Prohibit the respondent from harassing, annoying, telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly;

(iii) Remove and exclude the respondent from the residence of the petitioner, regardless of ownership of the residence;

(iv) Order the respondent to stay away from the residence, school, place of employment of the petitioner, or any specified place frequented by the petitioner and any designated family or household member; and

(v) Order such other relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member.

(D) A judge or other court officer with authority to issue a temporary child protection restraining order must be available 24 hours a day to hear such petitions.

(5) Effect of Action by Petitioner or Respondent on Order. If a respondent is excluded from the residence of a petitioner or ordered to stay away from the petitioner, an invitation by the petitioner to do so does not waive or nullify an order for protection.

(6) Court Costs and Fees. Fees for filing a petition for a temporary child protection restraining order and service of process shall not be charged for any proceeding seeking only the relief provided in this chapter.

(7) Penalty for Violation of a Temporary Child Protection Restraining Order. Violation of a temporary child protection restraining order is punishable by confinement in jail not to exceed one year and/or a fine not to exceed $5,000.00.

(8) Temporary Child Protection Restraining Order Hearing.

(A) A hearing to determine whether the petitioner-child is in immediate danger of family violence shall be held within three Court days of the filing of a temporary emergency child protection restraining order with the Tribal Court. The three Court day period excludes weekends and court holidays.

(B) The Court shall direct Yurok Public Safety to notify both the petitioner and respondent as to the date, time, and location of the hearing at least 24 hours before the hearing is scheduled.

(C) Both petitioner and respondent must be present at the hearing.

(D) The hearing shall be informal in nature. Concerned parties may present evidence or testimony relating to the situation. Hearsay evidence will not be excluded so long as it is otherwise admissible. The general public shall be excluded from the proceedings. Only the parties, legal counsel, witnesses, the child’s extended family, and other persons determined to be appropriate by the court shall be admitted.

(E) During the hearing, the court shall advise the parties of the reason for the hearing and of their basic rights as provided by this statute.

(F) After hearing all the evidence presented, the Tribal Court shall make a finding as to whether the petitioner-child is in immediate danger of family violence.

(i) If the Court finds that the petitioner-child is not in immediate danger of family violence, the temporary emergency child protection restraining order shall be dismissed. The dismissal of the notice of removal shall not serve as a bar to further investigation of this matter by the Tribe. The court shall order a family conference, as defined by this Statute, to help resolve the issues leading to the issuance of the temporary child protection restraining order.

(ii) If the Court finds that the petitioner-child is in immediate danger of family violence, the temporary emergency child protection restraining order may be extended for up to three years from the date of the hearing and shall be renewable for up to 20 years or otherwise modified to protect the child. The court shall order a family conference, as defined by this Statute, to help resolve the issues leading to the issuance of the temporary child protection restraining order. [Ord. 46A § 1402, adopted, 3/24/2016.]