CHAPTER 7-3
CIVIL DOMESTIC PROTECTION ORDERS
§ 7-3-1 Eligible petitioners for order.
(a) A person who is or has been a victim of domestic violence may file a petition for a domestic protection order against a domestic partner who commits an act of domestic violence.
(b) A parent, guardian, or other legal representative may file a petition for a domestic protection order on behalf of a child against a domestic partner who commits an act of domestic violence.
§ 7-3-2 Action for protection.
(a) There shall exist an action known as a "petition for a domestic protection order" in cases of domestic violence.
(b) A person may seek relief from domestic violence by filing a petition based on a sworn affidavit with the Nez Perce Tribal Court, alleging that they are a victim of domestic violence. Any petition properly filed under this chapter may seek protection for any additional persons covered by this chapter.
(c) A person’s right to petition for relief under this chapter shall not be affected by that person’s having left the residence or household to avoid abuse.
(d) The petition shall disclose the existence of any custody or any marital annulment, dissolution, or separation proceedings pending between the parties, the existence of any other custody order affecting the children of the parties, and the existence of child protection, or adoption proceedings affecting the children of any of the parties.
(e) When the petitioner requests custody of any child, the petition shall disclose:
(1) The county and state where the child has resided for six months immediately prior to filing of the petition;
(2) The party or other responsible person with whom the child is presently residing; and
(3) The party or other responsible person with whom the child has resided for six (6) months immediately prior to the filing of the petition.
(f) A petition shall be filed:
(1) Where the petitioner currently or temporarily resides;
(2) Where the respondent resides; or
(3) Where the act of domestic violence occurred.
(g) There is no minimum requirement of residency to petition for a domestic protection order.
(h) The petition shall not be a matter of public record.
§ 7-3-3 Fees waived.
No filing fee, hearing fee, or bond shall be charged for proceedings seeking only the relief under this chapter.
§ 7-3-4 Ex parte temporary domestic protection order.
(a) The Court may grant an ex parte temporary protection order pending a full hearing, granting such relief as the Court deems proper, where a petition under this section alleges that irreparable injury could result from domestic violence if an order is not issued immediately without prior notice to the respondent. The temporary order may include an order:
(1) Restraining the respondent from contacting the petitioner, either directly or indirectly;
(2) Restraining the respondent from committing or threatening to commit acts of domestic violence upon the petitioner;
(3) Excluding the respondent from the dwelling which the parties shared or from the residence of the petitioner until further ordered by the Court;
(4) Awarding temporary custody and/or establishing temporary visitation rights with regard to the minor children;
(5) Restraining any party from interfering with the other’s custody of the children or from removing the children from the jurisdiction of the Court;
(6) Ordering other relief as the Court deems necessary for the protection of a domestic partner, including orders or directives to peace officers as allowed under this code;
(7) Restraining the respondent from contacting, molesting, interfering with or menacing the minor children whose custody is awarded to the petitioner;
(8) Restraining the respondent from entering any premises when it appears to the Court that such restraint is necessary to prevent the respondent from contacting, molesting, interfering with or menacing the minor children whose custody is awarded to the petitioner;
(b) An ex parte temporary domestic protection order shall remain in effect for 10 days from the date of issuance.
(c) A full hearing shall be held no more than 10 days from the date of issuance of a ex parte temporary domestic protection order. The respondent shall be personally served with a copy of the temporary order and notice of hearing, in accordance with the Rules of Civil Procedure of the Nez Perce Tribal Code.
(d) If the respondent is not personally served with a copy of the temporary order and notice of hearing, the existing temporary order may be extended for 10 days from the date originally set for hearing, and a new hearing date set. The respondent must be personally served with the new notice of hearing.
§ 7-3-5 Domestic protection order.
(a) A Court may grant the following relief, if requested, in a domestic protection order after notice and hearing, whether or not the respondent appears:
(1) Temporary custody of the minor children of the petitioner or of the parties be awarded to the petitioner or respondent if the exercise of such jurisdiction is consistent with the provisions of this code, or consistent with prior custody orders entered by a Court of competent jurisdiction.
(2) Restraining the respondent from committing or threatening to commit acts of domestic violence upon the petitioner;
(3) Restraining the respondent from contacting, harassing, telephoning, or otherwise communicating with the petitioner, either directly or indirectly;
(4) Excluding the respondent from the dwelling which the parties shared or from the residence of the petitioner;
(5) Other relief as the Court deems necessary for the protection of the petitioner, including orders or directives to peace officers as allowed under this code;
(6) Restraining the respondent from contacting, molesting, interfering with or menacing the minor children whose custody is awarded to the petitioner;
(7) Restraining the respondent from entering any premises when it appears to the Court that such restraint is necessary to prevent the respondent from contacting, molesting, interfering with or menacing the minor children whose custody is awarded to the petitioner;
(8) Prohibiting the respondent from having in their possession any firearm and/or ammunition whether working or not.
(9) Suspending or revoking the respondent’s privilege to hunt with a firearm for as long as the domestic protection order is in effect. The authority to revoke or suspend privileges extends tot he rights of tribal members to hunt pursuant to the provisions of the Treaty of June 11, 1855, 12 Stat. 957 and subsequent treaties and agreements
(b) No protection order under this section shall in any manner affect title to real property.
(c) Relief shall not be denied because the petitioner used reasonable force in self-defense against the respondent, or because the petitioner or respondent was a minor at the time of the incident of domestic violence.
(d) Any relief granted by the domestic protection order shall be for a fixed period not to exceed 90 days; provided that an order obtained pursuant to this chapter may, upon written motion and upon good cause shown, be renewed for additional terms not to exceed one (1) year each if the requirements of this chapter are met. The motion to renew an order may be granted without a hearing, if not timely objected to by the party against whom the order is entered.
(e) In providing relief under this chapter, the Court may realign the designation of the parties as "petitioner" and "respondent" where the Court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence.
§ 7-3-6 Full Faith and Credit Given to Domestic Protection Orders.
(a) Any domestic protection order issued that is consistent with subsection (b) of this section by one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the Nez Perce Tribe and enforced as if it were the order of the Nez Perce Tribe.
(b) A domestic protection order issued by a State or Tribal Court is consistent with this subsection if:
(1) such Court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and
(2) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State or Tribal law, and in any event within a reasonable time after the order is issued.
(c) A domestic protection order issued by a State or Tribal Court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a domestic household member is not entitled to full faith and credit if:
(1) no cross or counter petition, complaint or other written pleading was filed seeking such a protection order; or
(2) a cross or counter petition has been filed and the Court did not make specific findings that each party was entitled to such an order.
§ 7-3-7 Continuing duty to inform the Court of other proceedings; effect of other proceedings; delay of relief; omission of petitioner’s address.
(a) At any hearing in a proceeding to obtain a domestic protection order, each party has a continuing duty to inform the Court of each proceeding for a domestic protection order, any civil litigation, and each proceeding concerning family or juvenile matters.
(b) A domestic protection order is in addition to and not in lieu of any other available civil or criminal proceeding. A petitioner is not barred from seeking an order because of other pending proceedings. The Court shall not delay granting relief because of the existence of a pending action between the parties.
(c) A petitioner may omit his or her address from all documents filed with the Court. If a petitioner omits his or her address, the petitioner must provide the Court with a mailing address. If disclosure of the petitioner’s address is necessary to determine jurisdiction or consider venue, the Court may order the disclosure to be made:
(1) After the petitioner’s consent;
(2) Orally and in chambers, out of the presence of the respondent and a sealed record to be made; or
(3) After a hearing, if the Court takes into consideration the safety of the petitioner and finds that such disclosure is in the best interest of justice.
§ 7-3-8 Effect of action by petitioner or respondent on order.
If a respondent is excluded from the residence of a petitioner or ordered to stay away from the petitioner, an invitation by the petitioner to do so does not waive or nullify a domestic protection order.
§ 7-3-9 Mutual orders prohibited.
The Court shall not grant a mutual domestic protection order to opposing parties.