13.20.030 Temporary order or preliminary injunction.
(a) Request for Temporary Order. In a proceeding for dissolution of marriage, legal separation, or declaration of invalidity, either party may move for temporary custody, child support, and spousal support. The motion shall be accompanied by a statement setting forth the factual basis for the motion and the relief requested.
(b) Preliminary Injunction. As a part of a motion for temporary spousal or child support or by independent motion accompanied by a party’s statement, either party may request that the Tribal Court issue a preliminary injunction granting any of the following relief:
(1) Restraining any person from transferring, encumbering, concealing or otherwise disposing of any property except in the usual course of business or for the necessities of life and, if so restrained, requiring him or her to notify the moving party of any proposed extraordinary expenditures made after the order is issued;
(2) Enjoining a party from harassing another party or any child;
(3) Enjoining a party from harassing any person who though not a party may be directly involved with the disputing spouses. A request for such relief must be accompanied by a statement setting out the facts of this involvement and the basis for the request;
(4) Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm may otherwise result;
(5) Enjoining a party from removing a child from the jurisdiction of the Tribal Court; and
(6) Providing other injunctive relief proper under the circumstances.
(c) Temporary Restraining Order. The Tribal Court may issue a temporary restraining order without requiring prior notice to the other party only if it finds on the basis of the moving party’s statement or other evidence that irreparable injury will result to the moving party if no order is issued until the time for responding has elapsed.
(d) Order for Temporary Support. On the basis of the showing made, and in conformity with the Schedule and guidelines for support under this Code, the Tribal Court may issue an order for temporary support in amounts and on terms just and proper under the circumstances. [Ord. 50 § 4.3, adopted, 3/23/2017.]