Purpose. The purpose of this section is to ensure compliance with the full faith and credit provision of the Violence Against Women Act of 1994 (VAWA) as set forth in 18 U.S.C. 2265, as it may be amended from time to time, and to ensure that victims of domestic violence are able to move across State and Tribal boundaries without losing the ability to enforce protection orders they have previously obtained to increase their safety.
A foreign protection order is valid if the issuing court had jurisdiction over the parties and matter under the law of the state, territory, possession, Indian tribe, or United States military tribunal.
A person under restraint must be given reasonable notice and the opportunity to be heard before the protection order of the foreign state, territory, possession, Indian tribe or United States military tribunal was issued. In the case of an ex parte order, notice and opportunity to be heard must have been provided within a reasonable time after the order was issued, consistent with due process.
(Ord. 117 § 1.21, 11-5-2001 (Res. 2001-365). Formerly 4.25.210; Res. 2013-379; Res. 2021-002)
(1) 
A person entitled to protection who has a valid foreign protection order may file that order by presenting a certified, authenticated, or exemplified copy of the foreign protection order to a Clerk of the Tulalip Tribal Court. Any out-of-state department, agency, or court responsible for maintaining protection order records may by facsimile or electronic transmission send a reproduction of the foreign protection order to the Clerk of the Court as long as it contains a facsimile or digital signature by any person authorized to make such transmission.
(2) 
There shall be a presumption in favor of validity where a protection order appears authentic on its face.
(3) 
Filing of a foreign protection order with a court and entry of the foreign protection order into any computer-based criminal intelligence information system available in this State used by law enforcement agencies to list outstanding warrants are not prerequisites for enforcement of the foreign protection order.
(4) 
The Court shall accept the filing of a foreign protection order without a fee or cost.
(5) 
The Clerk of the Court shall provide information to a person entitled to protection of the availability of domestic violence, family violence, sexual abuse, stalking and dating violence or other services to victims in the community.
(6) 
The Clerk of the Court shall assist the person entitled to protection in completing an information form that must include, but need not be limited to, the following:
(a) 
The name of the person entitled to protection and any other protected parties;
(b) 
The name and address of the person who is subject to the restraint provisions of the foreign protection order;
(c) 
The date the foreign protection order was entered;
(d) 
The date the foreign protection order expires;
(e) 
The relief granted under _____ (specify the relief awarded and citations thereto, and designate which of the violations are arrestable offenses);
(f) 
The judicial district and contact information of the court administration for the court in which the foreign protection order was entered;
(g) 
The Social Security number, date of birth, and description of the person subject to the restraint provisions of the foreign protection order;
(h) 
Whether the person who is subject to the restraint provisions of the foreign protection order is believed to be armed and dangerous;
(i) 
Whether the person who is subject to the restraint provisions of the foreign protection order was served with the order, and if so, the method used to serve the order;
(j) 
The type and location of any other legal proceedings between the person who is subject to the restraint provisions and the person entitled to protection;
(k) 
An inability to answer any of the above questions does not preclude the filing or enforcement of a foreign protection order.
(7) 
The Clerk of the Court shall provide the person entitled to protection with a copy bearing proof of filing with the Court.
(8) 
Any assistance provided by the Clerk under this section does not constitute the practice of law. The Clerk is not liable for any incomplete or incorrect information that he or she is provided.
(Ord. 117 § 1.22, 11-5-2001 (Res. 2001-365). Formerly 4.25.220; Res. 2013-379; Res. 2021-002)
(1) 
The Clerk of the Court shall forward a copy of a foreign protection order that is filed under this chapter on or before the next judicial day to the Tulalip Tribes Police Department and County Sheriff along with the completed information form. The Clerk may forward the foreign protection order to the County Sheriff by facsimile or electronic transmission. Upon receipt of the filed foreign protection order, the Tulalip Police Department shall immediately enter the foreign protection order into any computer-based criminal intelligence information system available, listing outstanding warrants. The foreign protection order must remain in the computer for the period stated in the order. The Tulalip Police Department shall only expunge from the computer-based criminal intelligence information system foreign protection orders that are expired, vacated, or superseded. Entry into the computer-based intelligence information system constitutes notice to all law enforcement agencies of the existence of the foreign protection order. The foreign protection order is fully enforceable in any county in the State.
(2) 
The information entered into other computer-based criminal intelligence information systems must include, if available, notice to law enforcement whether the foreign protection order was served and the method of service.
(Ord. 117 § 1.23, 11-5-2001 (Res. 2001-365). Formerly 4.25.230; Res. 2013-379; Res. 2021-002)
(Ord. 117 § 1.24, 11-5-2001 (Res. 2001-365). Formerly 4.25.240; Res. 2013-379; Res. 2014-116; Res. 2021-002; Res. No. 2025-607, 12/5/2025)
No Police Officer, peace officer, or officer’s legal advisor shall be held criminally or civilly liable for making an arrest under this chapter if the Police Officer, peace officer, or the officer’s legal advisor acted in good faith and without malice.
(Ord. 117 § 1.25, 11-5-2001 (Res. 2001-365). Formerly 4.25.250; Res. 2013-379; Res. 2021-002)
Purpose. The Tulalip Tribes finds that the prevention of harassment is important to the health, safety and general welfare of the Tribal community. This chapter is intended to provide victims with a speedy and inexpensive method of obtaining civil harassment protection orders preventing all further unwanted contact between the victim and the perpetrator.
(Ord. 117 § 1.29.B, 11-5-2001 (Res. 2001-365). Formerly 4.25.300; Res. 2004-232; Res. 2013-379; Res. 2021-002)
For the purpose of this section, “harassment protection order” means a Court order restricting a person from harassing, threatening, contacting, or approaching another specified person for a period of time.
(Res. 2013-379; Res. 2021-002)
For the purpose of this section, “temporary harassment protection order” means a Court order restricting a person from harassing, threatening, contacting, or approaching another specified person not longer than 14 days.
(Res. 2013-379; Res. 2021-002)
There shall exist an action known as petition for harassment protection order for cases of harassment. The requirements for obtaining such an order are as follows:
(1) 
A petition to obtain an harassment protection order under this section may be filed by any person claiming to be the victim of harassment or made by a parent, guardian, or beda?chelh if the child is a ward of the Court, on behalf of the child.
(a) 
A petition for relief may be made regardless of whether or not there is a pending lawsuit, criminal complaint, petition, or other action between the parties, except that a parent may not petition for an harassment protection order on behalf of his or her child against the child’s other parent. Petitioner and respondent shall disclose the existence of any other litigation or of any other restraining, protection, or no contact orders between the parties.
(Ord. 117 § 1.29.D, 11-5-2001 (Res. 2001-365). Formerly 4.25.320; Res. 2004-232; Res. 2013-379; Res. 2021-002)
(1) 
A petition for relief shall allege the existence of harassment and shall be accompanied by a statement made under penalty of perjury stating the specific facts and circumstances from which relief is sought.
(2) 
The Court shall make simplified petition forms and instructional brochures available. Any information provided by clerks under this section does not constitute the practice of law and clerks are not responsible for incorrect information contained in a petition.
(3) 
Civil filing fees shall apply for filing of a petition under this section, unless the Court makes a finding upon due inquiry that the petitioner lacks the financial resources to pay filing fees.
(4) 
No bond is required to obtain relief in any proceeding under this section.
(5) 
The parent, guardian of a child under age 18, or beda?chelh if the child is a ward of the Court may petition for an harassment protection order to restrain a person age 18 years or over from contact with that child upon a showing that contact with the person to be restrained is detrimental to the welfare of the child.
(Ord. 117 § 1.29.D, 11-5-2001 (Res. 2001-365). Formerly 4.25.320(2), (3), (5) – (7); Res. 2004-232; Res. 2013-379; Res. 2021-002)
(1) 
Upon filing a petition for an harassment protection order under this section, the petitioner may obtain an ex parte temporary harassment protection order with or without serving notice upon the respondent by filing a statement made under penalty of perjury which, to the satisfaction of the Court, shows evidence of harassment of the petitioner by the respondent, and that continued harassment may result if the temporary harassment protection order is not granted.
(2) 
An ex parte temporary harassment protection order shall be effective for a fixed period not to exceed 14 days. A full hearing, as provided in this chapter, shall be set for not later than 14 days from the issuance of the temporary order. The respondent shall be personally served with a copy of the ex parte temporary harassment protection order along with a copy of the petition and notice of the date set for the hearing. If service is not possible, the Court may authorize service according to Chapter 2.10 TTC or its successor code.
(Ord. 117 § 1.29.E, 11-5-2001 (Res. 2001-365). Formerly 4.25.330(1), (2); Res. 2004-232; Res. 2013-379; Res. 2014-222; Res. 2021-002)
(1) 
At the hearing within 14 calendar days after the granting of the ex parte harassment protection order, a permanent order shall be issued prohibiting such harassment if the Court finds by a preponderance of the evidence that harassment exists or has occurred. Otherwise, the temporary harassment protection order shall expire on its own terms. If the respondent does not appear, the petitioner must demonstrate that he or she effected proper service, and a default judgment will be entered.
(2) 
An order issued under this section shall be effective for not more than one year unless the Court finds that any future contact with petitioner would result in the harm from which the petitioner originally sought protection. If the Court so finds, the Court may enter an order to a fixed time exceeding one year or may enter a permanent harassment protection order.
(3) 
In the event that a respondent fails to appear for a hearing and the petitioner cannot demonstrate service upon him or her, the Court may grant a second ex parte temporary harassment protection order to the same petitioner enjoining the same respondent and order alternate service according to Chapter 2.10 TTC or its successor code. If an officer investigates an alleged violation of an order issued pursuant to this chapter and service has not been effected prior to contact, the officer shall provide service as described herein and within the next day file proof of service with the Court.
(4) 
At any time within three months prior to the expiration of the order, the petitioner may apply for a renewal of the order by filing a motion for renewal with the Court. The motion for renewal shall state the reasons why he or she seeks to renew the order. Upon receipt of the motion for renewal, the Court shall order a hearing which shall be held within 14 days from the date of motion. The Court shall grant the motion for renewal unless the respondent proves by preponderance of evidence that he will not resume harassment of the petitioner when the order expires. The Court may renew the harassment protection order for another fixed period or may enter a permanent order.
(5) 
The Court, in granting an harassment protection order, shall have broad discretion to grant such relief as the Court deems proper including but not limited to:
(a) 
Restraining the respondent from making attempts to contact the petitioner and all persons listed in the petition.
(b) 
Restraining the respondent from making any attempts to monitor the petitioner by actual or electronic surveillance.
(c) 
Requiring the respondent to stay a specified minimum distance from the petitioner’s residence, workplace, and/or school.
(Ord. 117 § 1.29.E, 11-5-2001 (Res. 2001-365). Formerly 4.25.330(3) – (7); Res. 2004-232; Res. 2013-379; Res. 2021-002)
(1) 
A copy of an harassment protection order granted under this chapter shall be forwarded by the Clerk of the Court on or before the next judicial day to the Tulalip Police Department or appropriate law enforcement agency. Upon receipt of the order, the Police Department shall enter the order into the computer-based criminal intelligence information system currently in use by the Department to list outstanding warrants. The Police Department shall expunge expired orders from the computer system. Entry into the information system constitutes notice to the Police Department of the existence of the order.
(2) 
If an officer investigates an alleged violation of an order issued pursuant to this chapter and service has not been effected prior to contact, the officer shall provide service as described herein and within the next day file proof of service with the Court. Law enforcement shall update the criminal information system to reflect that service has been effected.
(Ord. 117 § 1.29.F, 11-5-2001 (Res. 2001-365). Formerly 4.25.340; Res. 2004-232; Res. 2013-379; Res. 2021-002)
(1) 
A person commits the offense of violation of an harassment protection order by knowingly violating any provision of an harassment protection order.
(2) 
Any respondent who is found guilty of violating the terms of the harassment protection order may also, subject to the Court’s discretion, be held in civil contempt of court, and the Court may impose such sanctions as it deems appropriate.
(3) 
Violation of an harassment protection order is a Class D offense.
(4) 
Third or subsequent violation of an harassment protection order is a Class E offense.
(Ord. 117 § 1.29.G, 11-5-2001 (Res. 2001-365). Formerly 4.25.350; Res. 2004-232; Res. 2013-379; Res. 2021-002)
(1) 
Harassment protection orders issued by the Tulalip Tribal Court will be enforceable throughout the State of Washington pursuant to RCW 13.34.240, if pertaining to a child under 18, or Washington Civil Rule 82.5(c), provided it does not violate policy.
(2) 
To ensure that harassment protection orders issued by the Tulalip Tribal Court are enforced outside of the boundaries of the Reservation, harassment protection orders issued in the courts of the State of Washington will be enforced within the boundaries of the Tulalip Reservation.
(3) 
Notice of reciprocal enforcement pursuant to this section shall be printed on all harassment protection orders issued by the Court.
(Ord. 117 § 1.29.H, 11-5-2001 (Res. 2001-365). Formerly 4.25.360; Res. 2004-232; Res. 2013-379; Res. 2021-002)
Purpose. The Tulalip Tribes 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 Tulalip Tribal community; therefore, a protection order provided under this chapter is to protect those that have been sexually assaulted.
(Res. 2013-379; Res. 2021-002)
A petition for a sexual assault protection order may be filed by a person:
(1) 
Who does not qualify for a domestic violence or family violence protection order and who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration, including a single incident of nonconsensual sexual conduct or nonconsensual sexual penetration; or
(2) 
On behalf of any of the following persons who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration and who does not qualify for a domestic violence or family violence protection order:
(a) 
A minor child; or
(b) 
A vulnerable adult as defined in Chapter 4.30 TTC; or
(c) 
Any other adult who, because of age, disability, health, or inaccessibility, cannot file the petition.
(Res. 2013-379; Res. 2021-002)
There shall exist an action known as a petition for a sexual assault protection order.
(1) 
A petition for relief shall allege the existence of nonconsensual sexual conduct or nonconsensual sexual penetration, and shall be accompanied by an affidavit made under oath stating the specific statements or actions made at the same time of the sexual assault or subsequently thereafter which give rise to a reasonable fear of future dangerous acts for which relief is sought. Petitioner and respondent shall disclose the existence of any other litigation or of any other restraining, protection, or no contact orders between the parties.
(2) 
A petition for relief may be made regardless of whether or not there is a pending lawsuit, criminal complaint, petition, or other action between the parties.
(3) 
Forms and instructional brochures and the necessary number of certified copies shall be provided to the petitioner free of charge.
(4) 
A person is not required to post a bond to obtain relief in any proceeding under this section.
(5) 
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, such as the Legacy of Healing office, at which the respondent may serve notice of any motions.
(Res. 2013-379; Res. 2021-002)
(1) 
An ex parte temporary sexual assault protection order shall issue if the petitioner, to the satisfaction of the Court, shows evidence of:
(a) 
The petitioner has been a victim of non-consensual sexual conduct or nonconsensual sexual penetration by the respondent; and
(b) 
There is good cause to grant the remedy, regardless of the lack of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner’s efforts to obtain judicial relief.
(2) 
If the Court declines to issue an ex parte temporary sexual assault protection order, the Court shall state the particular reasons for the Court’s denial and set a hearing on the petition. The Court’s denial of a motion for an ex parte temporary protection order shall be filed with the Court.
(3) 
A willful violation of a Court order issued under this section is punishable under the laws for the Tulalip Tribes and will subject the perpetrator to arrest.
(4) 
An ex parte temporary sexual assault protection order shall be effective for a fixed period not to exceed 14 days. A full hearing, as provided in this chapter, shall be set for not later than 14 days from the issuance of the temporary order. The respondent shall be personally served with a copy of the ex parte temporary sexual assault protection order along with a copy of the petition and notice of the date set for the hearing. If service is not possible, the Court may authorize service according to Chapter 2.10 TTC or its successor code.
(a) 
Any ex parte temporary sexual assault protection order issued under this section shall contain the date and time of issuance and the expiration date and shall be transmitted to the clerk of the court of the county in which the petitioner resides and to the Tulalip Police Department within one judicial day after issuance.
(5) 
Any ex parte temporary or final sexual assault protection order may be renewed one or more times, as necessary for victim safety. 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. If the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner’s motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested renewal. Renewals may be granted only in open court.
(Res. 2013-379; Res. 2021-002)
(1) 
A final sexual assault protection order shall be effective for a fixed period of time, not to exceed two years, or shall be permanent. An order may be renewed prior to its expiration.
(2) 
Any sexual assault protection order which would expire on a Court holiday shall instead expire at the close of the next Court business day.
(Res. 2013-379; Res. 2021-002)
Upon motion with notice to all parties and after a hearing, the Court may modify the terms of an existing sexual assault protection order. In any situation where an order is terminated or modified before its expiration date, the Clerk of the Court shall, on or before the next judicial day, forward a true copy of the modified order or the termination order to the appropriate law enforcement agency specified in the modified or terminated order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the computer-based criminal intelligence information system, or if the order is terminated, remove the order from the computer-based criminal intelligence information system.
(Res. 2013-379; Res. 2021-002)
A person commits the offense of violation of a sexual assault protection order by knowingly violating any term of a sexual assault protection order.
(1) 
Violation of a sexual assault protection order is a Class E offense.
(2) 
A third or subsequent violation of a sexual assault protection order is a Class F offense.
(3) 
Consent is not a defense to a charge of violation of a sexual assault protection order.
(Res. 2013-379; Res. 2021-002)
(1) 
A sexual assault protection order issued by the Tulalip Tribal Court will be enforceable throughout the State of Washington pursuant to RCW 13.34.240, if pertaining to a child under 18, or Washington Civil Rule 82.5(c).
(2) 
To ensure that sexual assault protection orders issued by the Tulalip Tribal Court are enforced outside of the boundaries of the Reservation, 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 boundaries of the Reservation.
(3) 
Notice of reciprocal enforcement pursuant to this section shall be printed on all sexual assault protection orders issued by the Court.
(Res. 2013-379; Res. 2021-002)