37.05.050 Procedures for Issuance of Temporary and Permanent Protection Orders

(a) If the Court has a reasonable belief that the Petitioner or the person on whose behalf the petition is filed is the victim of an act of domestic violence committed by the Respondent, the Court shall immediately grant a Temporary Ex Parte Protection Order based upon the facts contained within the verified statement or Affidavit.

(b) Within fourteen (14) days of the issuance of a Temporary Ex Parte Protection Order, excluding holidays and weekends, a hearing shall be held to determine whether the Order should be extended for an additional period of time, made permanent or modified in any respect.

(c) Service must be made upon the Respondent at least five days prior to the hearing. If service cannot be made, the Court may set a new date.

(d) Service shall be pursuant to the procedure set forth in the Turtle Mountain Tribal Code.

(e) The Court may issue protection to both parties only if each party has completed a petition pursuant to Section 37.05.040 of this Code and the Court, after a hearing, has made specific written findings of fact that both parties committed acts of domestic violence and that neither party acted in self-defense. The Order must clearly define the responsibilities and restrictions placed upon each party so that a law enforcement officer may readily determine which party has violated the Order if a violation is alleged to have occurred.

(f) If the Court does not find sufficient reasonable cause to grant a Temporary Ex Parte Protection Order, the Court shall serve notice to appear upon both parties and hold a hearing on the petition for a Protection Order within five (5) days after the filing of the Petition, excluding holidays and weekends.

(g) Any Protection Order granted pursuant to this chapter shall be forwarded by the Court to the Police Department within 24 hours of issuance. In the case of a Temporary Emergency Ex-Parte Protection Order issued in accordance with Section 35.05.070 or a Temporary Ex-Parte Protection Order, it shall be filed immediately upon issuance. The Police Department shall make information available to each officer as to the existence and status of every Protection Order issued under this chapter.