Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

37.05.060 Contents of a Protection Order in General

(a) A Petition shall briefly describe the incident(s) of domestic violence and shall be a verified petition or supported by an affidavit made under oath stating the facts and circumstances justifying the requested order.

(b) In addition to any other required information, the petition for a Protection Order must contain a statement listing each civil or criminal action involving both parties.

(c) Protection Order shall include provisions:

(1) Restraining the Respondent from committing any acts of domestic violence;

(2) Restraining the Respondent from harassing, stalking, threatening telephoning or otherwise contacting the Petitioner directly or indirectly, or engaging in any other conduct that would place any named family or household members in reasonable fear of bodily injury;

(3) Prohibiting the use, attempted use or threatened use of physical force that would reasonably be expected to cause bodily injury;

(4) Requiring the respondent to surrender for safekeeping any firearm or other specified dangerous weapon in the Respondent's immediate possession or control or subject to the respondent's immediate control, if the Court has probable cause to believe that the Respondent is likely to use, display or threaten to use the firearm or other dangerous weapon in any further acts of violence. If so ordered, the Respondent shall surrender the firearm or other dangerous weapon to Law Enforcement;

(5) Restraining one or both parties from transferring, removing, encumbering, mortgaging, concealing, disposing or altering property except as authorized by the Court;

(6) Requiring that an accounting be made to the Court for all authorized transfers, encumbrances, dispositions and expenditures; and

(7) Notifying the parties involved that the knowing violation of any provision of the order may constitute contempt of court punishable by fines, imprisonment or both.

(d) A Protection Order may include any other relief the Court deems appropriate, including but not limited to:

(1) Excluding the Respondent from the residence of the victim (whether or not the Respondent and the victim share the residence), school, place

of employment or a specified place frequented by the Petitioner and any named family or household member;

(2) Awarding temporary child custody and/or establishing temporary visitation rights with regard to the minor children of the parties;

(3) If visitation is granted there shall be set rules for the exchange of the children for visitation. These rules may include, but are not limited to times, places and persons allowed to visit;

(4) Ordering temporary use and possession of personal property, including motor vehicles, to either party;

(5) Ordering the Respondent to make timely payments on existing debts of the Respondent including, but not limited to, mortgage or rental payments and necessary utilities in order to maintain the Petitioner in their residence;

(6) Ordering the Respondent to pay child support in accordance with the Turtle Mountain Band of Chippewa Indian's Child Support Guidelines;

(7) Ordering the Respondent to pay such support as may be necessary for the support of a party and any minor children of the parties and reasonable attorney's fees and costs.

(8) Ordering the Respondent to surrender all firearms and weapons to the custody of Law Enforcement while the Protection Order is in effect; and

(9) Ordering other lawful relief as the Court deems necessary for the protection of the victim of domestic violence, including orders or directives to Law Enforcement or other appropriate departments and programs; and

(e) No order or agreement under this section affects title to any real property in any manner.