A person may seek a protection order whether or not the person has contacted law enforcement officers to report a crime. If a Port Gamble S’Klallam Tribal employee believes a crime has been committed, the employee shall encourage the victim to contact law enforcement or the Domestic Violence or Crime Advocate. Temporary protection orders may be issued without prior notice to the respondent to ensure the immediate protection of the victim and any family or household member, and to prevent further violence. Temporary orders may be modified or extended, with or without prior notice to the respondent and with or without a hearing, consistent with this purpose. Relief under this chapter may not be denied or delayed on the grounds that the relief is available in another action.
(Res. 18-A-101, 9/17/2018)
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Note: If the person filing for a protection order does not qualify for an order under the definition of domestic violence, the person may file for a protection order under Chapter 3.08 of this Code.
A petition to obtain a protection order under this section may be filed by:
A. 
Any person claiming to be the victim of domestic violence, family violence, dating violence, or stalking; or
B. 
Any family member or household member on behalf of a minor or vulnerable adult who is alleged to be the victim of domestic violence, family violence, dating violence, or stalking; or
C. 
The Tribal Prosecutor; or
D. 
Any person acting in an official capacity in the protection of domestic violence, family violence, dating violence, or stalking survivors including but not limited to the Domestic Violence Advocate, Victim Crime Advocate, elder abuse case managers or advocates, case managers on behalf of a child, or other advocate acting in a professional capacity.
(Res. 18-A-101, 9/17/2018)
A. 
A petition shall allege the existence of domestic violence, family violence, dating violence, or stalking, and shall be supported by a sworn statement made under penalty of perjury stating the specific facts and circumstances justifying the requested order.
B. 
A petition may be filed regardless of the pendency of any other civil or criminal proceeding related to the allegations in the petition.
C. 
No filing fee shall be required for the filing of a petition under this section.
D. 
If an alleged perpetrator has been arrested for the offense of domestic violence, family violence, dating violence or stalking, the Court or the arresting Police Officer shall advise the alleged victim in writing of the right to file a petition under this section without cost.
E. 
The petition shall state whether any other action is pending between the petitioner or victim and the respondent.
(Res. 18-A-101, 9/17/2018)
Protecting alleged victims is a priority to the Tribe.
A. 
The Court shall grant an ex parte protection order as soon as possible if, based on the specific facts stated in the petition, the Court has reason to believe that the petitioner or the person on whose behalf the petition has been filed is the victim of an act of domestic violence, family violence, dating violence, or stalking committed by the respondent, and issuance of the ex parte order is necessary to protect the victim from further abuse.
B. 
The Court shall make available as soon as possible an ex parte protection order, together with notice of hearing, to the petitioner for service by a police officer or other authorized person.
C. 
The Court may hold the record open and request additional information if the submitted information is insufficient at the time of filing. The record must be completed within 4 calendar days and at that time the order is to be granted or denied. The Court may hold a hearing to determine whether to grant an ex parte order.
D. 
The Court shall hold a hearing within 14 days after the granting of the ex parte temporary protection order to determine whether the temporary order should be vacated, extended, or modified in any respect, or made a permanent order of protection with or without an expiration date.
E. 
At the hearing, both parties may testify, and the Court will review the record and may consider other relevant evidence. Copies of any writings, declarations, affidavits, or other documentary evidence entered as exhibits must be provided to the other party. Rules of evidence may be relaxed in these proceedings and testimony is not required.
F. 
Once granted, the protection order may not be dismissed without a Court hearing.
G. 
If an ex parte order is not granted, the Tribal Court shall hold a hearing on the petition for protection order within 14 days after the filing of the petition. Both parties must be served notice to appear, and if notice of hearing cannot be personally served, notice shall be provided consistent with Title 3 of the PGST Law and Order Code.
(Res. 18-A-101, 9/17/2018)
An ex parte protection order or a protection order entered after notice and hearing may, when deemed appropriate by the Court, include provisions:
A. 
Restraining the respondent from committing acts of domestic violence, family violence, dating violence, or stalking.
B. 
Excluding the respondent from the residence, workplace, school, and grounds of dwelling of the victim or other specific location where the victim can be found on a regular basis, whether or not the respondent and the victim share that residence.
C. 
Restraining the respondent from any contact with the victim and his or her minor children.
D. 
Awarding temporary custody or establishing temporary visitation rights with regard to minor children of the respondent on a basis that gives primary consideration to the safety of the claimed victim of domestic violence and the minor children. The provisions of Chapter 21.05 shall be followed in child custody determinations.
E. 
Ordering temporary guardianship with regard to an elderly or vulnerable adult victim of domestic violence, family violence, sexual assault, or stalking if necessary for the safety of the elderly or vulnerable adult until the matter can be addressed through an action under Chapter 16.07 Protection of Vulnerable Adults of the Port Gamble S’Klallam Law and Order code.
F. 
Awarding temporary use and possession of property of the respondent that the petitioner has regular use and possession of and that is necessary for the petitioner to continue with daily activities.
G. 
Restraining one or both parties during the pendency of the action from transferring, encumbering, concealing, or disposing of property except as authorized by the Court and requiring that an accounting shall be made to the Court for all such transfers, encumbrances, dispositions, and expenditures.
H. 
Ordering the respondent to timely pay any existing debts of the petitioner for a reasonable amount of time, including mortgage or rental payments that are necessary to maintain the claimed victim in his/her residence.
I. 
Restraining the respondent from using or possessing a weapon specified by the Court.
J. 
Listing any prior orders of the Court in relation to domestic matters that are superseded or altered by the protection order.
K. 
Notifying the respondent that the willful violation of any provision of the order constitutes contempt of court and/or a criminal offense that is punishable by a fine or imprisonment or both and constitutes a violation of this code.
L. 
Ordering Tribal Housing to change the locks of the residence within 1 business day of issuance of the order if the victim is awarded temporary use of the residence.
M. 
Ordering law enforcement to serve the protection order upon respondent and to provide civil standby when requested or when ordered by the Court.
N. 
Ordering, at the Court’s discretion, any other lawful relief as it deems necessary.
(Res. 18-A-101, 9/17/2018)
A protection order that is entered after notice and hearing may, when deemed appropriate by the Court, include provisions:
A. 
Ordering the respondent to:
1. 
Contact and set an appointment with a domestic violence treatment program that is approved by the court within 72 hours; and
2. 
Participate in and complete the treatment program recommended.
B. 
Restraining the respondent from possessing and/or consuming alcohol, controlled substances, or drugs not taken under a valid and current prescription.
C. 
Ordering the respondent to sign a release to allow the Court to receive monthly compliance reports from service providers who give court-ordered treatment or other court-ordered services. The Court may order Port Gamble S’Klallam service providers to report directly to the Court.
D. 
Ordering the respondent to complete a substance abuse assessment or a mental health assessment based on factors that may be present. The order shall require the respondent to follow any recommendations included in the final assessment(s).
(Res. 18-A-101, 9/17/2018)
A. 
The provisions of a protection order shall remain in effect for the period of time as stated in the order.
B. 
Either party can petition the Court to modify, extend, renew, or terminate a protection order.
C. 
Request by the Petitioner. Before the Court may modify, reconsider, or dismiss a protection order at the request of the petitioner, if children live in the home, the Court may require petitioner to attend a domestic violence support group, with a session focused on the effects of domestic violence on children.
D. 
Request by the Respondent. Before the Court may modify or reconsider a protection order at the request of the respondent, he or she shall provide the Court with all pertinent documents, affidavits, compliance forms, or any other information required by the Court for either reconsideration or modification of protection orders.
(Res. 18-A-101, 9/17/2018)
Temporary protection orders are to be personally served upon the respondent by a Police Officer immediately possible. If the respondent cannot be located the Court shall hold the regularly scheduled hearing and extend the temporary protection order and schedule a new hearing date.
If the respondent has been served with notice of the hearing and fails to appear, the petitioner has no further requirement to serve the respondent with the final order entered by the Court at the hearing.
(Res. 18-A-101, 9/17/2018)
The Court clerk shall forward each protection order granted under 15.07.01 and each order issued under 15.07.08 within 24 hours to the PGST Police Department, to the Kitsap County superior court, and to any other necessary jurisdiction. The Police Department shall ensure that all officers are aware of the existence and status of each order.
(Res. 18-A-101, 9/17/2018)