Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

To contact the Turtle Mountain Band of Chippewa, visit the tribe's website. The tribe also publishes their laws through the law library on their website.

Turtle Mountain Band of Chippewa Indians Tribal Code.

36.07.020 Temporary Emergency Ex Parte Protection Orders

(a) Where an application under this section alleges an immediate and present danger of Elder abuse, the court may grant an order for protection, pending a full hearing, and granting protection as the court deems proper, including an order:

(1) Restraining the abusing party from committing acts of abuse.

(2) Excluding the abusing party from the dwelling they share or from the residence of the party seeking protection, and from any contact with the alleged victim except by further order of the court.

(b) A temporary order for protection shall be effective for a period not to exceed fourteen (14) days, except for good cause as provided under paragraph (3) below. A full hearing, as provided by this section, shall be set for no later than fourteen (14) days from the issuance of the temporary order along with a copy of the petition and notice of the date set for the hearing.

(c) When service is made by published notice, as provided under Section 36.07.030(b) below, the petitioner may apply for an extension of the period of an order at the same time the petitioner files the affidavit required under that section.

(d) The period shall not exceed fourteen (14) days. The respondent shall be served forthwith a copy of the modified temporary order along with a copy of the notice of the new date set for the hearing.

Original url: /us/nsn/tmchippewa/council/code/36.07.020

Powered by the non-profit Open Law Library.