The Port Gamble S’Klallam Tribe finds that there are times when a victim of a sexual assault or unwanted sexual contact is neither an intimate partner nor family member, thus does not qualify for the protections from these types of orders. Nevertheless, the victim deserves all the protections afforded within this chapter because the alleged sexual assault or unwanted sexual contact is such a heinous incident that goes to the heart of the health, safety, and general welfare of the tribal community; therefore, a protection order provided under this chapter is to protect those who have been sexually assaulted.
(Res. 18-A-101, 9/17/2018)
A petition for a sexual assault protection order may be filed:
A. 
By a person who does not qualify for a domestic violence or family violence protection order and who is a victim of nonconsensual sexual conduct, including a single incident of nonconsensual sexual conduct; or
B. 
On behalf of any of the following who is a victim of nonconsensual sexual conduct and who does not qualify for a domestic violence or family violence protection order:
1. 
A minor child; or
2. 
A vulnerable adult as defined in Title 16; or
3. 
Any other adult who, because of age, disability, health, or inaccessibility, cannot file the petition; or
C. 
By the Tribal Prosecutor; or
D. 
Any person acting in an official capacity in the protection of the victim, an elder abuse case manager or advocate, a case manager on behalf of a child, or other advocate acting in a professional capacity.
(Res. 18-A-101, 9/17/2018)
A. 
A petition for relief shall allege the existence of nonconsensual sexual conduct 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 for relief may be made regardless of the pendency of any other civil or criminal proceeding or other action between the parties, and both parties shall disclose to the Court the existence of any such proceedings or actions.
C. 
No filing fee shall be required for the filing of a petition under this section.
D. 
A person is not required to post a bond to obtain relief in any proceeding under this section.
E. 
If the petition states that disclosure of the petitioner’s address would risk abuse of the petitioner or any member of the petitioner’s family or household, that address may be omitted from all documents filed with the Court. If the petitioner has not disclosed an address under this subsection, the petitioner shall designate an alternative address at which the respondent may serve notice of any motions.
(Res. 18-A-101, 9/17/2018)
Protecting alleged victims is a priority to the Tribe.
A. 
The Court shall grant as soon as possible an ex parte temporary sexual assault protection order if, based on the specific facts stated in the petition, the Court has reason to believe that the petitioner or the person whose behalf the petition has been filed has been a victim of nonconsensual sexual conduct 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 sexual assault 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 four (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 sexual assault protection order.
D. 
The Court shall hold a hearing within fourteen (14) days after the granting of an ex parte sexual assault 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 sexual assault protection order may not be dismissed without a Court hearing.
G. 
If a petition for an ex parte sexual assault protection order is not granted, the Tribal Court shall hold a hearing on the petition within fourteen (14) days after the filing of the petition. Both parties must be served notice to appear.
(Res. 18-A-101, 9/17/2018)
An ex parte or a permanent sexual assault protection order entered after notice and hearing may include the following provisions:
A. 
Restraining the respondent from committing acts of nonconsensual sexual conduct against the victim.
B. 
Excluding the respondent from the victim’s residence, workplace, school, property, or other specific location where the victim can be found on a regular basis.
C. 
Restraining the respondent from face to face, digital, third-party, or any other type of contact with the victim.
D. 
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.
E. 
Ordering, at the Court’s discretion, any other lawful relief as it deems necessary.
(Res. 18-A-101, 9/17/2018)
A tribal police officer shall immediately personally serve the respondent with a temporary sexual assault protection order. If the respondent cannot be located the Court shall hold the regularly scheduled hearing and extend the temporary sexual assault protection order and schedule a new hearing date.
If the respondent has been served 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)
A final sexual assault protection order shall remain in effect for the period of time as stated in the order.
Either party can petition the Court to modify, extend, renew, or terminate a sexual assault protection order. If the order has an expiration date, the petitioner may apply for renewal of the order within three months before the order expires. The Court shall make available the petition for renewal, together with notice of hearing, to the petitioner for service by a police officer or other authorized person.
The Court shall hold a hearing and renewals may only be granted in open court.
Any sexual assault protection order that would expire on a Court holiday shall instead expire at the close of the next Court business day.
(Res. 18-A-101, 9/17/2018)
The Court clerk shall forward each sexual assault protection order granted and issued under this chapter 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)
A. 
In a proceeding in which a sexual assault protection order is sought under this chapter, the Tribal Court may exercise personal jurisdiction over a nonresident individual if:
1. 
The individual is personally served with a petition; and
2. 
The individual submits to the jurisdiction of the Tribe by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any objection to consent to personal jurisdiction; or
3. 
The act or acts that caused the petitioner to file for a sexual assault protection order occurred within the Tribe’s jurisdiction; or
4. 
There is any other basis consistent with laws of the Tribe and/or the laws of the United States.
(Res. 18-A-101, 9/17/2018)
A. 
If it pertains to a child under the age of 18, a sexual assault protection order issued by the Tribal Court will be enforceable throughout the State of Washington pursuant to RCW 13.34.240. If it pertains to an adult, a sexual assault protection order issued by the Tribal Court will be enforceable throughout the State of Washington pursuant to Washington Civil Rule 82.5(c), provided it does not violate policy.
B. 
To ensure that sexual assault protection orders issued by the Tribal Court are enforced outside of the boundaries of the Tribe’s jurisdiction, sexual assault protection orders issued in the courts of the State of Washington, or a tribal court within the State of Washington, will be enforced within the jurisdiction of the Port Gamble S’Klallam Tribe.
C. 
Notice of reciprocal enforcement under this section shall be printed on all sexual assault protection orders issued by the Court.
(Res. 18-A-101, 9/17/2018)