26.13.170 Restraining Order

Any person who conducts himself or herself in violation of Turtle Mountain Tribal Code Title 26 provisions 26.13.120 Disorderly Conduct, 26.13.160 Threat or Intimidation or Title 37 Domestic Violence Code shall be subject to a Temporary Restraining Order. Relief may be sought and granted by the Turtle Mountain Tribal Court irrespective of whether or not the person sought to be restrained has been charged and convicted of the previously enumerated offense. A person who is a victim of any of the previously identified conduct or the parent or guardian of a minor who is a victim of any of the aforementioned conduct may seek a Restraining Order from the Turtle Mountain Tribal Court in the manner provided in this section.

(a) The petitioner for relief must allege facts sufficient to show the name of the alleged victim, the name of the individual engaging in the threatening intimidating or disorderly conduct, and allegations sufficient to support the claim that the individual engaged in such conduct. An affidavit made under oath stating the specific facts and circumstances supporting the relief sought must accompany the petition. A Temporary Restraining Order may be entered only against the individual named in the petition. The Turtle Mountain Tribal Court may issue the Temporary Restraining Order without giving notice to the respondent. Unless otherwise terminated by the Turtle Mountain Tribal Court, the Temporary Restraining Order shall remain in effect for thirty (30) days or until the Restraining Order is terminated by order of the Turtle Mountain Tribal Court or made permanent upon conclusion of the mandatory hearing.

(b) A copy of the Temporary Restraining Order must be served upon the Respondent in the manner provided in this code. A notice of the time, place and date of hearing must accompany the Temporary Restraining Order at the time of service. The Court may grant a restraining order ordering the respondent to cease or avoid the behavior or to have no contact with the applicant. The Tribal Court must schedule a hearing within [30] thirty calendar days of issuance of the Temporary Restraining Order.

(c) A restraining order must contain a conspicuous notice to the respondent providing the penalty for violation of the restraining order. The Penalty for violation of a Restraining Order (Temporary or Permanent) is a Class I offense if the Restraining Order is based on violations of Section 26.13.120 or Title 37 Domestic Violence Code and is a Class 2 Offense if based on a violation of 26.1311 Threat or Intimidation. For second and subsequent violations of the same restraining order, violation based upon Section 26.13.120, Disorderly Conduct and Title 37 Domestic Violence, Chapter 3 Criminal and Civil Penalties; other Sanctions is a Class 2 Offense. Second and subsequent violations of a restraining order (Temporary or Permanent) is a Class 3 offense if based upon a violation of 26.1311 Threat or Intimidation.

The Court is authorized to provide other equitable relief available under the Tribal Code as necessary to accomplish the purpose(s) of the Restraining Order.