36.07.040 Relief by the Court

Upon notice and hearing, the court may provide protection as follows:

(a) Restrain the abusing party from committing acts of Elder abuse.

(b) Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner.

(c) Award temporary use and possession of property and restrain both parties from transferring, encumbering, concealing, or disposing of property except in the usual course of business or for the necessities of life, and to account to the court for all such transfers, encumbrances, dispositions, and expenditures made after the order is served or communicated to the party restrained in open court.

(d) Order other lawful relief as the Court deems necessary for the protection of the victim of Elder abuse, including orders or directives to Law Enforcement Officials or other appropriate departments and programs.

(e) A person's right to apply for protection shall not be affected by his/her leaving the residence or household to avoid abuse.

(f) Upon application notice to all parties, and hearing, the court may modify the terms of an existing order for protection.

(g) An order for protection granted pursuant to the ordinance shall be forwarded by the clerk of court within twenty-four (24) hours to the Tribal Police or Law Enforcement with jurisdiction over the residence of the applicant.

(h) When an order for protection is used, upon request of the petitioner, the court shall order a Law Enforcement Official to accompany the petitioner and to assist in placing the petitioner in possession of the dwelling or residence or otherwise assist in execution or service of the order of protection.