The meaning of the terms used in this Chapter is:
(a) 
“Unlawful Harassment”
means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses, or is detrimental to that person, and which serves no legitimate or lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the complaining party, or, when the course of conduct would cause a reasonable person to fear for the well-being of her or his family.
(b) 
“Course of Conduct”
means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. “Course of conduct” includes, but is not limited to, the use of electronic communication as a means of conducting harassment.
(c) 
“Electronic Communication”
means any form of expression or exchange of information using electronic means. Electronic communication includes, but is not limited to, communication by telephone, internet, or text message.
(d) 
“Emergency Restraining Order”
means a court order restricting a person from contacting, approaching, harassing, or threatening another specified person for a period of time not longer than thirty-five (35) days.
(e) 
“Protection Order”
means a court order restricting a person from contacting, approaching, harassing, or threatening another specified person for a period of time.
(Res. 13 A 138, 12/10/2013)
When the complaining party demonstrates to the Court by affidavit or verified complaint that immediate and irreparable damage, injury or loss will occur unless restrained by the court, the Court may issue an emergency restraining order without notice to the adverse party; provided that the applicant provides the Court with written reasons supporting the applicant’s claim that notice should not be required and certifying the applicant’s efforts, if any, to notify the adverse party.
Any emergency restraining orders shall contain a statement of the injury, why it is irreparable, and why the order was granted without notice. No restraining order shall be issued unless a complaint in writing shall have been filed with the Court. An emergency restraining order shall expire by its own terms not more than thirty-five (35) days from the date of its issuance and this fact shall be shown on the face of the order. Such an order may be renewed for a like period of time not more than once. Such renewal must be requested before the expiration of the initial order and shall be granted only upon notice to the opposing party. An emergency restraining order may be modified, vacated, or set aside by motion of either party upon notice and opportunity for a hearing.
(Res. 84 A 03, 2/14/1984)
Following opportunity for hearing either on affidavits or on testimony, the Court may enter a preliminary injunction restraining a party from taking certain action or requiring a party to take certain action during the pendency of the lawsuit. A preliminary injunction may be entered only after an appropriate motion by a party and after notice and opportunity to be heard by the opposing party or parties.
(Res. 84 A 03, 2/14/1984)
The Court may, in its discretion, require a bond of the party seeking an emergency restraining order or preliminary injunction to protect the party to be restrained in the event that such relief ultimately is determined to be unjustified; provided, however, that no such bond shall be required of the Port Gamble S’Klallam Tribe.
(Res. 84 A 03, 2/14/1984)
A complaining party, hereafter petitioner, may file a petition with the Court to enforce a protection order after demonstrating to the Court by affidavit or verified complaint that unlawful harassment exists or that irreparable harm, substantial emotional harm, damage, injury, or loss will occur unless the adverse party, hereafter respondent, is restrained by the Court. The Court may issue a protection order once the respondent has received notice and the Court has conducted a hearing.
The Court shall schedule a full hearing on the first court date after a petitioner has filed a petition for a protection order. A petition for a protection order may be filed regardless of whether other court proceedings between the parties have been filed or criminal charges have been filed against the respondent.
A petitioner shall file for and serve notice of a protection order under the provisions of Chapter 3.02. The respondent must receive notice not less than five (5) days before the hearing. If timely service cannot be made, the Court shall set a new hearing date and shall require either additional attempts at obtaining personal service or permit service by publication or by mail as provided in Section 3.02.04 or 3.02.05 of this Title. If the Court permits service by publication or mail, the Court shall set the new hearing date not later than thirty (30) days from the original hearing date. If the order expires because timely service cannot be made, the Court shall grant an emergency restraining order as provided under this Chapter.
In the event that a respondent fails to appear for a new hearing date under this Section and the petitioner cannot demonstrate service upon the respondent, the Court may grant a second emergency restraining order as provided under this Chapter. After two consecutive emergency restraining orders have been issued, and notice still cannot be effected, the Court may issue a protection order. When a law enforcement officer investigates a report of an alleged violation of a protection order issued without notice under this section, the officer shall issue notice of the order to the respondent during the investigation.
If the respondent fails to appear after receiving notice, the hearing shall go forward. If, after the hearing, the Court finds by a preponderance of the evidence that unlawful harassment exists or that the petitioner is in danger of irreparable harm, substantial emotional harm, damage, injury, or loss unless the respondent is restrained by the Court, the Court shall issue a protection order. The protection order may include any relief granted in an emergency restraining order and any other additional relief that the Court deems necessary.
A protection order may be modified, vacated, or set aside by motion of either party upon notice and opportunity for a hearing.
(Res. 13 A 138, 12/10/2013)
[1]
Note: This section was added to allow the Court to put a protection order in place for a longer time period than the maximum seventy (70) days allowed by two consecutive emergency restraining orders. This section also ensures that the Court will enforce an emergency protection order when a protection order is delayed due to problems with notice, and this section places the burden of proof in lifting a protection order on the respondent.
An initial protection order shall expire by its own terms not more than one year from the date of issuance, and this fact shall be shown on the face of the order. The petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order.
Upon receipt of the petition for renewal of a protection order, the Court shall order a hearing on the first court date after the party has filed the petition or as soon thereafter as possible. The petitioner shall file for and serve notice of renewal of the protection order under the provisions of Chapter 3.02. The respondent must receive notice not less than five (5) days before the hearing. If timely service cannot be made, the Court shall set a new hearing date and shall require either additional attempts at obtaining personal service or permit service by publication or by mail as provided in Section 3.02.04 or 3.02.05 of this Title. If the Court permits service by publication or mail, the Court shall set the new hearing date not later than thirty (30) days from the original hearing date. If the order expires because timely service cannot be made, the Court shall grant an emergency restraining order as provided under this Chapter.
The Court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that he or she will not resume harassment of the petitioner when the order expires. If the Court grants renewal, the Court may set the protection order for a fixed time exceeding one year. If the Court declines to renew a protection order, the Court shall state in writing on the order the particular reasons for the court’s denial.
After renewal, a protection order may be modified, vacated, or set aside by motion of either party upon notice and the opportunity for a hearing.
(Res. 13 A 138, 12/10/2013)
In any proceeding in which a petition for a protection order is filed, once the petitioner has met the burden of proof, the Court shall grant any relief necessary to prevent further harm. Available relief for a protection order may include, but is not limited to, the following:
(a) 
No further abuse. The court may order the respondent to refrain from further threatening, harassing, or harming the petitioner or from committing any act of harassment, abuse, or violence;
(b) 
Stay away. The court may order the respondent:
(1) 
To stay away from the petitioner;
(2) 
Not to enter or linger outside of petitioner’s or any family or friend’s residence, place of work, or school;
(3) 
To leave and remain away from any reasonably-defined geographic area;
(4) 
To have no contact. The Court may order the respondent not to initiate contact or communicate with the petitioner in any way, including but not limited to, in person, in writing, electronically, by phone, by text, or through others unless otherwise specified by the Court;
(c) 
Assess costs against the respondent, including filing fees, court costs, and costs of service.
Each protection order shall state in bold the following:
WARNINGS TO THE RESPONDENT: Violation of the provisions of this order with actual notice of its terms is a criminal offense under the Port Gamble S’Klallam Tribe Law and Order Code and will subject a violator to arrest. Any assault that is a violation of this order and that does not amount to assault under the Port Gamble S’Klallam Tribe Law and Order Code is a criminal offense. Any conduct in violation of this order that is reckless and creates a substantial risk of death or serious risk of death or serious physical injury to another person is a criminal offense.
YOU CAN BE ARRESTED EVEN IF THE PERSON OR PERSONS WHO OBTAINED THE ORDER INVITES OR ALLOWS YOU TO VIOLATE THE ORDER’S PROHIBITIONS. You have the sole responsibility to avoid or refrain from violating the order’s provisions. Only the Court can change the order upon written application. Violation of an order of protection by a non-tribal member shall be grounds for exclusion from the jurisdiction of the Port Gamble S’Klallam Tribe and penalties for civil contempt of court as set forth in Chapter 1.06.
(Res. 13 A 138, 12/10/2013)
A petition for a protection order shall include the name and address where the petitioner would like to receive notices from the Court; the allegation that unlawful harassment exists or that irreparable harm, substantial emotional harm, damage, injury, or loss will occur or has occurred; the names and ages of all persons known by the petitioner to be in need of protection; the name and address, if known, of the respondent and his or her relationship, if any, to each person in need of protection; and the existence of any other restraining, protection, or no-contact orders between the parties. The petitioner shall file an affidavit or declaration under penalty of perjury with the petition stating, in the petitioner's own words, the specific facts and circumstances of the alleged incident(s) that created the petitioner’s need to file for a protection order.
(Res. 13 A 138, 12/10/2013)
No law enforcement officer may be held criminally or civilly liable for making an arrest under this Chapter if the officer acts in good faith and without malice.
(Res. 13 A 138, 12/10/2013)
A person who violates the restraint provisions of a protection order, knowing that the order has been issued against him or her, shall be guilty of a misdemeanor 1 under Section 5.04.10 of this code. This offense may be charged in addition to any offense committed in violating the order.
A violation of a protection order shall also constitute criminal contempt of court and may be dealt with under Chapter 1.06 of this Code.
Violation of an order of protection by a non-tribal member shall be grounds for exclusion from the jurisdiction of the Port Gamble S’Klallam Tribe and penalties for civil contempt of court as set forth in Chapter 1.06.
(Res. 13 A 138, 12/10/2013)
A law enforcement officer shall arrest without a warrant and take into custody a person whom the officer has probable cause to believe has violated a protection order issued under this Chapter that restrains the person or excludes the person from a residence. An officer may not arrest a person under this section if the person does not have knowledge of the order.
(Res. 13 A 138, 12/10/2013)
Upon application with notice to all parties and after a hearing, the Court may modify the terms of an existing protection order. In any situation where an order is terminated or modified before its expiration date, the clerk of the court shall forward on or before the next judicial day a true copy of the modified order or the termination order to the appropriate law enforcement agency specified in the modified or termination order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the law enforcement information system.
(Res. 13 A 138, 12/10/2013)