[Adopted 9-3-1987 by Ord. No. 87-14; amended
in its entirety 11-1-2012 by Ord. No. 12-30]
A. "Harassment" means any of the following:
(1) Striking, shoving, kicking or otherwise subjecting another person
to physical contact or attempting or threatening to do the same; or
(2) Engaging in a course of conduct or repeatedly committing acts which
harass or intimidate another person and which serve no legitimate
purpose.
B. A person violates this article if he or she engages in harassment
as defined in this section.
C. If electronic forms of communications are used to perpetuate the
harassment, it is sufficient, to establish jurisdiction, that either
the person being harassed accesses those communications within the
exterior boundaries of the Menominee Indian Reservation, or the person
perpetuating the harassment sends the electronic communications from
within the exterior boundaries of the Menominee Indian Reservation.
An action under this article may be commenced by filing a petition described under §
290-18A.
A. A Judge may issue a temporary restraining order ordering the respondent
to cease or avoid the harassment of another person, if all of the
following occur:
(1) The petitioner files a petition alleging the elements set forth under §
290-18A.
(2) The Judge finds reasonable grounds to believe that the respondent has violated §
290-14.
B. Notice need not be given to the respondent before issuing a temporary
restraining order under this section.
C. The temporary restraining order is in effect until a hearing is held on issuance of an injunction under §
290-17. A Judge shall hold a hearing on issuance of an injunction within seven days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for seven days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence.
A. A Judge may grant an injunction ordering the respondent to cease
or avoid the harassment of another person if all the following occur:
(1) The petitioner has filed a petition alleging the elements set forth under §
290-18A; and
(2) The petitioner serves upon the respondent a copy of a restraining order obtained under §
290-16C; and
(3) After the hearing, the Judge finds reasonable grounds to believe that the respondent has violated §
290-14.
B. An injunction under this section is effective according to its terms
but for not more than five years.
A. The petition shall allege facts sufficient to show the following:
(1) The name of the person who is the alleged victim;
(2) The name of the respondent; and
(3) That the respondent has violated §
290-14.
B. The Clerk of the Menominee Tribal Courts shall provide simplified
forms for the petitioner to complete.
The Menominee Tribal Police shall arrest and take a person into
custody if all of the following occur:
A. The petitioner under §
290-18 presents to the tribal police officer a copy of a court order issued under §
290-16 or §
290-17 or the tribal police officer determines that such an order exists through communication with appropriate authorities; and
B. The tribal police officer has probable cause to believe that the person has violated the court order issued under §
290-16 or §
290-17.
Whoever violates a temporary restraining order or injunction
issued under this article shall be subject to:
A. First offense: a fine not less than $200 or not more than $1,000
or not more than six months in jail, or both.
B. Second offense: a fine not less than $500 or not more than $2,500
or not more than nine months in jail, or both.
C. Third offense: a fine not less than $1,000 or not more than $5,000
or not more than one year in jail, or both.