5.05.90 Civil Action.
There shall exist an action known as a Petition for an Order for Protection in cases of domestic violence.
(a) Petition for an Order for Protection.
(1) Any person may seek relief under this title by filing a petition with the Court alleging that the person has been the victim of domestic violence committed by the respondent. The person may petition for relief on behalf of himself or herself and on behalf of minor family or household members.
(2) The petition shall allege the existence of domestic violence and shall be accompanied by a declaration made under penalty of perjury stating the specific facts and circumstances from which relief is sought.
(3) The petitioner may request, and the Court may issue, a temporary restraining/protection order. Such order shall be for no more than fourteen (14) business days from the date of its issuance and shall be personally served on the respondent by a tribal law enforcement officer, the Tribal Domestic Violence Coordinator, or a designee of the Tribal Court. The Tribal Court Clerk shall forward a copy of the order to an appropriate person designated by the Court no later than the next business day following the issuance of the order.
(4) The Tribal Court Clerk shall make available simplified forms and instructions. Any assistance or information provided by the Clerk under this section does not constitute the practice of law and the Clerk is not responsible for incorrect information contained in a petition.
(5) The filing fee set by the Court may be waived if:
(i) The petitioner is indigent; or
(ii) The petition is filed in an existing action or under an existing case number under this title or under an existing action for divorce, child custody, or child support.
(6) A petition may be made regardless of whether or not there is a pending lawsuit, complaint, petition, criminal action, or other action between the parties.
(7) A person’s right to petition for relief under this title is not affected by the person leaving a residence or household to avoid abuse. [2008 Code § 5.1.9; Res. 2007-20]