Article V Civil Remedies and Actions

A petition to obtain a protection order under this section may be filed by:

§ 4.25.490 Petition for protection order or modification.

Any person claiming to be the victim of domestic violence, family violence, dating violence or stalking; or

(b)

Any family member or household member of a minor or vulnerable adult alleged to be the victim of domestic violence, family violence, dating violence or stalking on behalf of the minor or vulnerable adult; 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 Legacy of Healing staff, elder abuse case managers or advocates, Child Advocacy Center, therapists, beda?chelh case managers on behalf of a child, or other advocate acting in a professional capacity.

(Ord. 117 § 1.11, 11-5-2001 (Res. 2001-365). Formerly 4.25.110(1)(a); Res. 2013-379; Res. 2021-002)

A petition shall allege the existence of domestic violence, family violence, dating violence, or stalking, and shall be supported by an affidavit made under oath stating the specific facts and circumstances justifying the requested order.

A petition may be filed regardless of the pendency of any other civil or criminal proceeding related to the allegations in the petition.

No filing fee shall be required for the filing of a petition under this section. 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 of the right to file a petition under this section without cost.

§ 4.25.500 Procedure for issuance of a protection order.

The petitioner, or the victim on whose behalf a petition has been filed, is not required to file for annulment, separation, or divorce as a prerequisite to obtaining a protection order. However, the petition shall state whether any other action is pending between the petitioner or victim and the respondent.

(5)

The Court shall make available standard, simplified petition forms and instructional brochures with instructions for completion. The Tulalip Police Department and the Tribal Court shall make such forms available upon request to victims of domestic violence, family violence, dating violence, or stalking.

(6)

Once a petition has been filed, the Court Clerk shall conduct a criminal background check according to Court policy and attach the report(s) to the petition.

(Ord. 117 § 1.11, 11-5-2001 (Res. 2001-365). Formerly 4.25.110(1)(b) – (f); Res. 2013-379; Res. 2021-002)

Upon the filing of a petition for a protection order, the Court shall evaluate the petition for protection and, when deciding whether or not to grant an ex parte temporary protection order, err on protecting the petitioner and any other family members during this initial process, and:

Immediately grant an ex parte protection order without bond if, based on the specific facts stated in the affidavit, the Court has probable cause 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.

Cause an ex parte protection order, together with notice of hearing, to be made immediately available to the petitioner for service by a Police Officer, Court Officer, or other authorized person.

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 72 hours and at that time the order granted or denied.

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.

§ 4.25.510 Contents of a protection order.

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.

(5)

Once granted, the protection order may not be dismissed without a Court hearing.

(6)

If an ex parte order is not granted, serve notice upon both parties to appear in Tribal Court and hold a hearing on the petition for protection order within 72 hours after the filing of the petition; if notice of hearing cannot be personally served, notice shall be provided consistent with TTC Title 2.

(Ord. 117 § 1.11, 11-5-2001 (Res. 2001-365). Formerly 4.25.110(2); Res. 2013-379; Res. 2015-307; Res. 2021-002)

An ex parte protection order or a protection order entered after notice and hearing may, when deemed appropriate by the Court, include provisions:

Restraining the respondent from committing acts of domestic violence, family violence, dating violence, or stalking.

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.

Restraining the respondent from any contact with the victim and his or her family or household members as is necessary for their safety and welfare.

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.

§ 4.25.520 Duration of permanent protection order and modification.

In every proceeding where there is at issue a dispute as to the custody of a minor child, a determination by the Court that domestic violence or family violence has occurred raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic violence or family violence.

(b)

In every proceeding where there is at issue a dispute as to the custody of a minor child, a determination by the Court that domestic violence, family violence, sexual assault, or stalking has occurred raises a rebuttable presumption that it is in the best interest of the child to reside with the parent who is not a perpetrator of domestic violence, family violence, sexual assault, or stalking in the location of that parent’s choice.

(c)

In every proceeding where there is at issue the modification of an order for custody or visitation of a minor child, the finding that domestic violence, family violence, sexual assault, or stalking has occurred since the last custody determination constitutes a finding of a change in circumstances.

(d)

If the Court finds that the safety of the claimed victim or the minor children will be jeopardized by unsupervised or unrestricted visitation, the Court shall set forth conditions or restrict visitation as to the time, place, duration, or supervision, or deny visitation entirely, as needed, to guard the safety of the claimed victim and the minor children.

(e)

In determining custody and/or visitation, the Court must consider the perpetrator’s history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person.

(f)

If a parent is absent or relocated because of an act of domestic violence or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation.

(g)

Any temporary custody order shall provide for child support and temporary support for the person having custody of the children, in amounts deemed proper by the Court.

(h)

In a visitation order, the Court may:

(i)

Order an exchange of a minor child to occur in a protected setting;

(ii)

Order that visitation be supervised by another person or agency at the perpetrator of domestic violence or family violence’s expense;

(iii)

Order the perpetrator of domestic violence or family violence to attend and complete, to the satisfaction of the Court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation;

(iv)

Order the perpetrator of domestic violence or family violence to abstain from possession or consumption of alcohol, controlled substances or abuse of prescription drugs during the visitation and for 24 hours preceding the visitation and may order submission of a UA prior to the visit;

(v)

Prohibit overnight visitation;

(vi)

Require a Court-approved bond from the perpetrator of domestic violence or family violence for the return and safety of the minor child; and

(vii)

Impose any other condition that is deemed necessary to provide for the safety of the minor child, the victim of domestic violence or family violence, or other family or household member.

(i)

Whether or not visitation is allowed, the Court may order the address of the minor child and the victim to be kept confidential.

(j)

The Court may refer but may not order an adult who is a victim of domestic violence or family violence to attend counseling relating to the victim’s status or behavior as a victim, as a condition of receiving custody of a minor child or as a condition of visitation.

(k)

If the Court allows a family or household member to supervise visitation, the Court must establish, in writing, conditions to be followed during visitation.

(l)

The Court shall notify the restrained party that the willful violation of any provision of the protection order is a criminal offense and punishable by imprisonment and/or a fine.

(5)

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 pursuant to Chapter 4.30 TTC.

(6)

Awarding temporary use and possession of property of the respondent.

(7)

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.

(8)

Ordering the respondent to timely pay any existing debts of the petitioner, including mortgage or rental payments, necessary to maintain the claimed victim in his/her residence.

(9)

Describing any prior orders of the Court relating to domestic matters which are superseded or altered by the protection order.

(10)

Notifying the parties that the willful violation of any provision of the order constitutes contempt of court punishable by a fine or imprisonment or both and constitutes a violation of this code for which civil penalties may be assessed.

(11)

If the victim or alleged victim is awarded temporary use of the house and is listed on the rental agreement, the landlord, including Tribal housing, shall at the request of the petitioner change the locks within 24 business hours of issuance of the order.

(12)

Ordering law enforcement to assist the victim in removing essential personal effects from a shared home.

(13)

Order that the respondent may not come within 500 feet of the Legacy of Healing building or safe house, regardless of whether the victim is there.

(14)

Ordering, in the Court’s discretion, any other lawful relief as it deems necessary for the protection of any claimed or potential victim of domestic violence or family violence, including orders or directives to the Tulalip Police Department.

(Ord. 117 § 1.11, 11-5-2001 (Res. 2001-365). Formerly 4.25.110(3); Res. 2013-379; Res. 2021-002)

The provisions of the order shall remain in effect for the period of time stated in the order, not to exceed one year unless extended by the Court at the request of any party or at the request of the Legacy of Healing program.

The Court in its discretion may upon request of either party or the Legacy of Healing program modify a protection order.

By the Petitioner. Before the Court may modify or reconsider 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.

§ 4.25.530 Service of temporary protection order.

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.

(Ord. 117 § 1.11, 11-5-2001 (Res. 2001-365). Formerly 4.25.110(4); Res. 2013-379; Res. 2021-002)

Temporary protection orders are to be served personally upon the respondent by a Police Officer, officer of the Court, or other authorized person within 48 hours if possible. If the respondent cannot be located, the order shall be mailed by certified mail with return receipt requested and regular mail to the respondent’s last known address. If by the first Court hearing service is not achieved, then notice shall be issued by publication in accordance with Chapter 2.10 TTC. If 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.

(Ord. 117 § 1.12, 11-5-2001 (Res. 2001-365); Res. 2013-379; Res. 2021-002)

§ 4.25.540 Copy to the Police Department and other jurisdictions.

Every protection order issued pursuant to this chapter shall be forwarded by fax or email by the Clerk of Courts within 24 hours to the Tulalip Tribes Police Department, Tulalip Tribes Prosecutor’s Office, or any other necessary jurisdiction for entry into the National and State Data Systems.

(Ord. 117 § 1.17, 11-5-2001 (Res. 2001-365). Formerly 4.25.170; Res. 2013-379; Res. 2018-325; Res. 2021-002)

§ 4.25.550 (Reserved)

(Res. 2013-379; Res. 2021-002)

§ 4.25.560 Firearms disqualification.

Purpose. It shall be the purpose of this section to prohibit any person who has been convicted of a felony or misdemeanor crime of domestic violence, family violence, sexual assault, stalking, or dating violence, as defined under the laws of the Tulalip Tribes; who is subject to a protection order based upon a finding that the person represents a credible threat to the physical safety of the victim; who is subject to a criminal no contact order entered in Tulalip Tribal Court or any court of competent jurisdiction; who has been found mentally incompetent to stand trial; or who has been committed for mental health reasons after a domestic violence, family violence, sexual assault, stalking, or dating violence offense, from possessing a firearm or ammunition.

It shall be unlawful for any person to possess a firearm or ammunition, as defined by Chapter 3.50 TTC, who:

Is subject to any Court order from a court of competent jurisdiction that restrains such person from harassing, stalking, threatening, having contact or assaulting an intimate partner or family member as defined in this chapter or engaging in any other conduct that would place an intimate partner or family member in reasonable fear of physical harm to the intimate partner or family member, except that this subsection shall apply only to those orders that:

(i)

Were issued at a hearing at which such person was present and had the opportunity to participate; or at a hearing of which such person had notice and the opportunity to be heard, whether or not the person was present;

(ii)

Include a finding that such person represents a credible threat to the physical safety of such household or family member; and

(iii)

By its terms explicitly prohibits the use, attempted use or threatened use of physical force against such household or family member.

(b)

Has been convicted under the law of any state, territory, possession, tribe, or United States military tribunal of any crime involving domestic violence or family violence, as defined by the laws of the Tulalip Tribes, which involved the use or attempted use of physical force, or the threatened use of physical force, or the threatened use of a deadly weapon against an intimate partner or family member as defined by this chapter.