Poarch Band of Creek Indians Tribal Code, 8A Domestic Violence

§8A DOMESTIC VIOLENCE CODE

INITIALS
[Initials on original document.]
DATE 4-9-97

§8A-2-1 SHORT TITLE, PURPOSE AND DEFINITIONS

A. Short Title

Title 2 shall be entitled "The Domestic Violence Code" (Code).

B. Purpose

The purpose of this code is to protect all persons, especially women, children, the elderly, disabled persons, and other vulnerable persons, who are within the jurisdiction of the Poarch Band of Creek Indians Tribal Court, from all forms of domestic abuse as defined in this section. This code shall be liberally construed and interpreted in order to achieve its purpose. This code embodies the intent of the Tribe to promote the following goals:

1. To recognize the illegal nature of domestic abuse;

2. To provide victims of domestic abuse with the maximum protection from abuse that can be made available under law;

3. To establish an efficient and flexible remedy that discourages violence against and harassment of persons within a family setting, or others with whom the abuser has continuing contact;

4. To expand the ability of law enforcement officers to assist victims, to enforce existing laws, and to prevent subsequent incidents of abuse;

5. To facilitate the reporting of domestic abuse;

6. To develop a greater understanding of the incidence and causes of domestic abuse by encouraging data collection and evaluation; and

7. To reduce the incidence of domestic abuse, which has a detrimental and lasting effect on the individual, the family, culture, and society.

C. Definitions

These definitions shall be liberally construed so as to protect all persons who are subjected to domestic abuse. As used in this section:

1. Domestic Abuse - Domestic abuse means the infliction of any of the following acts upon a victim as defined in §8A-2-1 (C):

a. Assault - Purposely or knowing causing bodily injury to another, negligently causing bodily injury to another with a weapon, or purposely or knowingly causing reasonable apprehension of bodily injury to another.

b. Threatening - Words or conduct which place another in fear of bodily harm or property damage;

c. Coercion - Compelling an unwilling person, through force or threat of force, to:

(i) engage in conduct which the person has a right to abstain from; or

(ii) abstain from conduct which the person has a right to engage in;

d. Confinement - Compelling a person to go where the person does not wish to go or to remain where the person does not wish to remain;

e. Damage to property - Damaging the property of another;

f. Emotional Abuse - Using threats, intimidation, or extreme ridicule to inflict humiliation and emotional suffering upon another;

g. Harassment - Conduct which causes emotional alarm and distress to another by shaming, degrading, humiliating, placing in fear, or otherwise abusing personal dignity. Examples of harassing conduct include, but are not limited to the following:

(i) unwelcome visiting or following a person;

(ii) unwelcome sexual propositioning, references to body functions or attributes, or other comments of a sexual nature;

(iii) unwelcome communications, made by phone or by other methods, containing intimidating, taunting, insulting, berating, humiliating, offensive, threatening, or violent language; or

(iv) unwelcome lingering around the home, school, or work place of a person;

h. Sexual Abuse - Any physical contact of a sexual nature, or attempted physical contact of a sexual nature, with a person, made without that person's consent. Consent cannot be obtained through means such as force, intimidation, duress, fraud, or from a minor under any circumstance; and

i. Stalking - The intentionally and repeatedly following or harassing of another person, making credible threats, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm.

j. Other conduct - Any other conduct that constitutes an offense or a tort under the law of the Poarch Creek Indians.

Domestic Abuse does not mean a victim's act of self-defense made in reasonable response to an abuser's act of domestic abuse.

2. Victim - Means any of the following persons who have been directly affected by domestic abuse as defined in §8A-2-1 (C):

a. Any member or former member of the abuser's household or immediate residence area;

b. Any person involved in, or formerly involved in, an intimate relationship with the abuser;

c. Any person who interacts with the abuser in an employment, academic, recreational, religious, social or other setting;

d. Any offspring of the abuser;

e. Any relative of the abuser;

f. Any elderly person; or

g. Any vulnerable person. Examples of vulnerability which give rise to the protection of this code include, but are not limited to, emotional and physical disabilities and impairments.

3. Abuser - Means any person who engages in conduct defined as domestic abuse under §8A-2-1 (a) against any of the persons defined as victims under §8A-2-1 (b).

4. Protection Order - Means a court order that restrains the abuser from doing certain acts upon threat of penalty. Such an order may contain requirements to adjust the relationship of the parties and prevent further abuse. The term includes any emergency, temporary or domestic abuse protection orders issued by the court.

§8A-2-2 Written Policies and Procedures

A. Within ninety (90) days of approval of this code the Tribal Staff shall draft and present to Tribal Council for approval; written policies and procedures for the prosecution of the crime of domestic abuse which will advance effective prosecution of the crime and maximize the protection and safety of the victims of domestic abuse and their children.

B. within ninety (90) days of approval of this code the Chief of Police shall draft and present to Tribal Council for approval written protocol which each law enforcement officer is to follow in investigating the crime of domestic abuse, gathering and preserving evidence, making the arrest, and providing follow-up victim contact to maximize victim testimony at trial. In all aspects, the officer will assure the safety of the victim and children.

§8A-2-3 Criminal Domestic Abuse

A. A person commits the offense of Criminal Domestic Abuse by:

1. purposely or knowingly causing bodily injury to a family member or household member; or

2. purposely or knowingly causing reasonable apprehension of bodily injury in a family member or household member.

B. The term Domestic Abuse in this code shall mean any incident resulting in the abuse, assault, or the attempt or threats thereof, between family or household members. This does not include the reasonable discipline of a child by a person having that authority.

§8A-2-4 Penalties

A. The purpose of this code shall be to deter all family violence on the Poarch Creek Indian Reservation and to promote the healing of families whenever possible.

1. A person convicted of a first offense of domestic abuse shall be imprisoned for a term of not less than (10) day nor more than sixty (60) days, and may be fined an amount not to exceed $250.00 and shall be required to pay cost of incarceration. The Court shall require mandatory counseling as part of the sentence. Such counseling may include, but is not limited to: alcohol/drug abuse, anger control, and family counseling.

2. A person convicted of a second offense of domestic abuse shall be imprisoned for a term of not less than twenty (20) days nor more than one hundred twenty (120) days and a may be fined an amount not to exceed $350.00 and shall be required to pay cost of incarceration. The mandatory counseling in number 1 also applies.

3. A person convicted of third and subsequent offenses of domestic abuse shall be imprisoned for a term of not less than ninety (90) days nor more than one hundred and eighty (180) days, and may be fined an amount not to exceed $500.00 and shall be required to pay cost of incarceration. The mandatory counseling in number 1 also applies.

§8A-2-5 Stalking

A. A person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking.

B. The crime of stalking is a Class A Misdemeanor.

§8A-2-6 Investigating of Domestic Abuse Complaints

A. Complaints of Elderly Abuse - When investigating complaints of elder abuse the complaint shall be investigated and treated the same as any other domestic violence complaint. A custodial arrest should be made and all domestic violence response procedures should be followed. If the victim is a "vulnerable adult" a report to Social Services shall be required.

B. Complaints of Abuse Perpetrated by a Minor Child - When investigating complaints of abuse by a minor child the complaint shall be investigated and treated the same as any other domestic violence complaint. A custodial arrest should be made and procedures for lodging a minor shall be followed.

§8A-2-7 Mandatory Arrest

A. A law enforcement officer shall arrest a person, anywhere, with or without a warrant, including at the person's residence, if the officer has probable cause to believe:

1. that an assault has occurred;

2. an assault has occurred and has resulted in bodily injury to the victim whether the injury is visible to the officer or not;

3. that any physical action has caused another person reasonably in all probability serious bodily injury or death, and the victim is the person's family member, household member or former household member.

B. If the domestic violence incident is Non-Alcohol Related any person arrested under §8A-2-5 (A) of this code shall be held without bail, in custody of the Police Department for a period not to exceed twelve (12) hours, as a mandatory cooling down period.

C. If the domestic violence incident is Alcohol Related any person arrested under §8A-2-5 (A) of this code shall be held for a period not to exceed twenty-four (24) hours this will also be construed as a cooling down period.

§8A-2-8 Duties of Law Enforcement Officer

A. A law enforcement officer who responds to a domestic abuse call shall use all reasonable means to protect the victim and children and prevent further violence, including but not limited to:

1. Taking action necessary to assure the safety of the victims and children;

2. Confiscating any weapon involved in the alleged domestic abuse;

3. Transporting or obtaining transportation of the victim and children to a shelter;

4. Assisting the victim in removing essential personal effect;

5. Assisting the victim and children in obtaining medical treatment including transportation to a medical facility;

6. Giving the victim immediate and adequate notice of rights, remedies and services available.

B. If a law enforcement officer receives cross complaints of domestic abuse from two or more opposing persons, the officer shall arrest the primary aggressor. In determining whether a person was the primary aggressor, the officer shall consider:

1. The Poarch Creek Indian Tribe's intent to protect victims of domestic abuse;

2. The history of domestic abuse between the persons involved;

3. The relative severity of the injuries inflicted or serious threats creating fear of bodily injury;

4. The likelihood of future injuries to each person;

5. Whether one of the persons acted in self-defense; and

6. The officer's experience in handling domestic abuse cases.

If the officer determines that one person was the primary aggressor, the officer is not required to arrest the other person believed to have caused physical harm or bodily injury.

C. A law enforcement officer shall not threaten the arrest of all parties to discourage requests by any party for intervention from any law enforcement.

§8A-2-9 Filing Complaints

A. The officer making the arrest under this code shall sign a complaint against the alleged abuser on behalf of the Poarch Creek Indian Tribe. He or she shall submit a detailed report of the circumstances of the arrest, along with statements from the victim and other witnesses.

B. The preliminary report shall be done in eight (8) hours.

C. The final and complete report shall be completed in forty-eight (48) hours.

D. The victim shall be subpoenaed as the primary witness for the prosecution.

E. If the abuser and victim are husband and wife, the Communication Privilege shall not apply in Domestic Abuse cases.

§8A-2-10 Liability of Law Enforcement Officers

A. A law enforcement officer shall not be held liable in any civil proceeding for an arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this code arising from an alleged incident of domestic violence brought by any party to the incident.

§8A-2-11 Notice of Rights

A. The officer shall tell the victim of abuse whether a shelter for victims of abuse is available in the community and give the victim immediate notice of legal rights and remedies that are accessible to.

The notice should include the victims right to the following:

1. an order restraining the abuser from further acts of violence;

2. an order directing the abuser to leave the household;

3. an order preventing the abuser from entering the residence, school, workplace, or place of business;

4. an order awarding custody or visitation with any minor children;

5. an order directing the abuser to pay support to the victim and minor children when appropriate;

6. an order prohibiting the abuser from harassing, annoying, telephoning, contacting, or otherwise communicating with you, either directly or indirectly;

7. an order prohibiting the abuser from using or possessing a firearm or other weapon specified by the Court. The forms you need to obtain an order for protection can be obtained from the Poarch Creek Indian Tribal Court Clerk.

§8A-2-12 Reporting Statistics

A. A record of all reported cases of domestic abuse shall be kept by the police department. A semiannual report shall be made by the police department with the exact number of domestic abuse cases handled in this certain time frame. This will be public information and available to all agencies of the Tribe.

§8A-2-13 Reporting By Officer

A. When an officer is called to the scene of a domestic abuse report and does not make an arrest he or she shall file a written report as to the reasoning for not making an arrest. This report will be filed with the officer's supervisor.

§8A-2-14 Protection Orders

A. Who may file a petition

1. A person may seek a protection order:

a. for herself or himself;

b. on behalf of a minor child;

c. a minor child

d. on behalf of any person prevented by a physical or mental incapacity, or by hospitalization, from seeking a protection order;

e. on behalf of a client in the case of social service, housing, health, legal or law enforcement personnel; or

f. as a friend of the victim.

B. Standard of proof, defenses

1. A court shall grant a protection order when a preponderance of the evidence shows that it is more likely than not that an act of domestic abuse has occurred or is about to occur. The order's purpose shall be to prevent the occurrence or recurrence of abuse.

2. A petitioner shall not be denied relief under this section because:

a. the petitioner used reasonable force in self defense against the respondent;

b. the petitioner has previously filed for a protection order and subsequently reconciled with the respondent;

c. the petitioner has not filed for a divorce; or

d. the petitioner or the respondent is a minor.

3. The following shall not be considered a defense in a proceeding for the issuance or enforcement of a protection order under this Code:

a. intoxication

b. spousal immunity; or

c. provocation.

C. Temporary protection orders, ex parte

1. Petition, Motion and Order

a. Upon the filing of a Petition for Domestic Abuse Protection Order and Motion for Temporary Protection order the court shall immediately grant or deny the petitioner's Motion for Temporary Protection Order without a hearing or notice to the respondent. The Court shall grant the motion if it determines that an emergency exists.

I. A petitioner shall demonstrate an emergency by showing that:

(i) The respondent recently committed acts of domestic abuse resulting in physical or emotional injury to the petitioner or another victim, or damage to property; or

(ii) The petitioner or another victim is likely to suffer harm if the respondent is given notice before the issuance of a protection order.

II. Evidence proving an emergency situation may be based on the petition and motion, police reports, affidavits, medical records, other written submissions, or the victim's statement.

III. The Temporary Protection Order may include any relief permitted by §8A-2-10 (C-2) of this Code and any other relief necessary to prevent further domestic abuse.

IV. The Temporary Protection Order shall direct the respondent to appear at a hearing to show cause why the Court should not issue a Domestic Abuse Protection Order.

V. Upon issuing the Temporary Protection Order, the court shall immediately provide for notice to the respondent and notify law enforcement of the order.

b. If the court finds that an emergency does not exist, the court shall deny the petitioner's Motion for a Temporary Protection Order and schedule a hearing on the Petition for Domestic Abuse Protection Order.

I. The court shall schedule the hearing within fifteen (15) days (excluding holiday and weekends) of the petition filing.

II. The court shall provide for notice to the Respondent according to §13-1-8 of the Poarch Creek Indian Tribal Code.

c. The Court shall give a Motion for Temporary Protection Order priority over all other docketed matters and shall issue an order granting or denying the motion within 72 hours.

2. Domestic Abuse Protection Order Relief

1. Respondent shall not abuse, harass, or threaten the Petitioner, or commit any other domestic abuse;

2. Respondent shall immediately leave Petitioner's residence;

3. Respondent shall stay at least 100 yards away from the Petitioners residence, place of employment, school, or any other places as ordered to do so;

4. Respondent shall not contact Petitioner, in person, in writing, or by telephone;

5. Petitioner shall have custody of the minor children;

6. Respondent shall be permitted to visit with the children as scheduled and supervised by the Poarch Creek Indians Social Services Department;

7. Respondent shall pay to Petitioner the amount order by the Court for support of their minor children;

8. Respondent shall return to Petitioner any items order by the Court;

9. Respondent shall not sell, remove, hide, destroy or damage any property owned by Petitioner or by both parties jointly;

10. An Officer of the Poarch Creek Indians Public Safety Department shall accompany Petitioner to a residence occupied by the Respondent to:

a. obtain physical custody of the child(ren) listed on the Domestic Abuse Protection Order;

b. collect personal belongings listed on the Domestic Abuse Protection Order;

c. ensure that Respondent leaves the parties residence.

11. Respondent shall pay to Petitioner the amount ordered by Court for the following:

a. lost earnings

b. property taken or damaged

c. travel expenses

d. other expenses

12. Respondent shall participate in domestic abuse counseling;

13. Petitioner shall participate in domestic abuse counseling;

14. Respondent shall participate in alcohol counseling;

15. Respondent shall pay to this Court the costs of this proceeding, in cash or a money order made out to Poarch Creek Indians Tribal Court;

16. Other relief as ordered by the Court.

3. Hearing, Domestic Abuse Protection Order

a. The court shall schedule a full hearing within fifteen (15) days (excluding holidays and - weekends) after granting or denying a Temporary Protection Order.

I. The respondent may move the court to dissolve or modify any Temporary Protection Order within those fifteen (15) days.

II. The respondent must give at least five (5) days notice of the motion to the petitioner. The court shall give priority to such motions.

b. If the petitioner fails to appear at the hearing, the court may continue the hearing for up to fifteen (15) days, or dismiss the petition without prejudice. Any Temporary Protection Order shall remain in effect during the continuance.

c. If the respondent fails to appear after receiving notice, the hearing shall go forward.

d. If, after a hearing, the court finds by a preponderance of the evidence that the alleged domestic abuse occurred, the court shall issue a Domestic Abuse Protection Order. The Order may include the relief granted in any Temporary Protection Order and any additional relief that the court deems necessary.

POARCH CREEK INDIANS TRIBAL COURT

PETITIONER,

RESPONDENT,

CASE NUMBER:
PETITION FOR DOMESTIC ABUSE PROTECTION ORDER AND MOTION FOR TEMPORARY PROTECTION ORDER

PETITION FOR DOMESTIC ABUSE PROTECTION ORDER

I, , am an enrolled member of the Poarch Creek Indians residing within the territorial jurisdiction of the Poarch Creek Indians Reservation. I request that the Court grant a Domestic Abuse Protection Order based on the following:

1. The respondent is (__________) my spouse, ( ___________) my ex-spouse, (__________) my boyfriend/girlfriend, (______________) a family member, (__________) other (describe): ______________________________________

2. Respondent has committed domestic abuse against me.

a. Approximate date most recent abuse occurred: ________________________________________________

b. Description of most recent abuse and, any destruction of property _________________________________

c. Description of threats that caused me to fear that I was going to be hurt. ___________________________

d. Respondent may been abusing me for (Write in length of time). _____________________________________

e. In the past the respondent has committed the following acts of physical and mental abuse against me (list approximate dates and describe): ______________________________________________________________________________

f. I have suffered emotional and physical injuries as a result of Respondent's violence (Describe injuries):
___________________________________________________________________________________________

3. Respondent and I have been involved in the following court cases (Check all that apply, list date(s) any resulting court order, and explain):

( ) Criminal Prosecution: _________________________________________________________________________
( ) Divorce: ____________________________________________________________________________________
( ) Other petition (s) for protection from abuse: ______________________________________________________
( ) Custody: ___________________________________________________________________________________
( ) Other: _____________________________________________________________________________________

4. Respondent and I are the parents of the following children (list names, dates of birth, and tribal affiliation):
_____________________________________________________________________________________________

The children are currently in ( ) my ( ) Respondents' physical custody.

5. I am the parent of the following children, who are not Respondent's children:____________________________

6. Respondent ( ) has ( ) has not abused the above children (Describe any child abuse):_____________________
_______________________________________________________________________________________________

7. I have suffered emotional and physical injuries as a result of Respondent's abuse. Unless Respondent is restrained, such abuse will continue.

MOTION FOR TEMPORARY PROTECTION ORDER

( ) I also need a Temporary Protection Order to protect me until a hearing can be held on my petition. I fear that if Respondent finds out about this court case, Respondent will get angry and further injure me before the court can issue a Domestic Abuse Protection Order.

( ) I do not need a Temporary Protection Order.

REQUESTED RELIEF

( ) 1. Order Respondent not to abuse, harass, or threaten me, or commit any other domestic abuse.

( ) 2. Order Respondent to immediately leave my residence.

( ) 3. Order Respondent to stay at least 100 yards from the following places (DO NOT LIST ANY ADDRESS IF REVEALING IT WOULD FURTHER ENDANGER YOU):

( ) My resident: ______________________________________________________________________

( ) My place of employment:____________________________________________________________

( ) School attended by me or my children_________________________________________________

( ) Other place(s):____________________________________________________________________

( ) 4. Order Respondent not to contact me in person, in writing, or by telephone.

( ) 5. Award me temporary custody of our children and order Respondent not to have contact, with them until a court hearing.

( ) 6. After a hearing, allow Respondent to visit with the children only on the following day(s) of the week: __________________________________ at the following place(s): ______________ and time(s) ______________________ under the supervision of the following person(s):____________________________________________________________________.

( ) 7. Order Respondent to pay $ _________________ per month/pay period (circle one) for the support of our minor children.

( ) 8. Order Respondent to compensate me for the following expenses, incurred as a result of the abuse:

Lost earnings: $_____________________

Property taken or damaged: $____________________

Travel expense $____________________

Other __________________

( ) 9. Order Respondent to return to me the following items of my property (example: vehicle, clothing, identification documents): _____________________________________________________

( ) 10. Order Respondent not to sell, remove, hide, destroy or damage any property owned by me or by the two of us jointly.

( ) 11. Direct a police officer to accompany me to a residence occupied by the Respondent to:

( ) obtain physical custody of the children;

( ) collect my personal belongings;

( ) require Respondent to leave the residence.

( ) 12. Order Respondent to attend alcohol/domestic abuse (circle one or both) counseling.

( ) 13. Other relief, as follows: _______________________________

Date: _____________

_________________
Petitioner, Pro, se

_________________
Witness

POARCH CREEK INDIANS TRIBAL COURT

PETITIONER

RESPONDENT,

CASE NUMBER
TEMPORARY
PROTECTION ORDER
AND ORDER TO
SHOW CAUSE

THIS COURT has reviewed the Petition for Domestic Abuse Protection Order and Motion for Temporary Protection Order in this case. The Court finds that there is good cause to believe that Petitioner and/or others are in imminent danger of harm from Respondent. To prevent further harm a Temporary Protection order should be issued without notice to Respondent.

THEREFORE, THIS COURT ORDERS AS FOLLOWS:

( ) 1. Respondent shall not abuse, harass, or threaten the Petitioner, or commit any other domestic abuse;

( ) 2. Respondent shall immediately leave Petitioner's residence;

( ) 3. Respondent shall stay at least 100 yards away from the following places (DO NOT LIST ANY ADDRESS WHICH WOULD FURTHER ENDANGER THE PETITIONER):

( ) Residence:

( ) Place of employment:

( ) School attended by Petitioner or Petitioner's Children:

( ) Other place(s):

( ) 4. Respondent shall not contact Petitioner, in person, in writing, or by telephone.

( ) 5. Until a hearing is held in this matter, Petitioner shall have temporary custody of the following minor children:

( ) 6. Respondent shall return to Petitioner the following items:

( ) 7. Respondent shall not sell, remove, hide, destroy or damage any property owned by Petitioner or by both parties jointly.

( ) 8. An Officer of the Poarch Creek Indians Public Safety Department shall accompany Petitioner to a residence occupied
by the Respondent to:

( ) obtain physical custody of the children listed in paragraph 5 above;
( ) collect personal belongings listed in paragraph 6 above;
( ) ensure that Respondent leaves the parties residence located at:

( ) 9. Other relief, as follows:

WARNING

THIS IS AN OFFICIAL COURT ORDER. IF YOU VIOLATE THIS ORDER THE COURT MAY FIND YOU IN CONTEMPT OF COURT. YOU MAY ALSO BE ARRESTED AND PROSECUTED FOR THE CRIME OF INTERFERING WITH JUDICIAL PROCEEDINGS AND ANY OTHER CRIME YOU MAY HAVE COMMITTED IN DISOBEYING THIS ORDER.

IT IS FURTHER ORDERED that Respondent, must appear before this Court on the day of , 19 , at : . M., to show cause why this protection order should not continue in full force.

SO ORDERED THIS day of , 19 .

JUDGE, POARCH CREEK INDIANS TRIBAL COURT

I hereby certify that I personally served a true copy of the foregoing on the Respondent this day of , 19 .

________________________________________________
Name

EMERGENCY PROTECTION ORDER

1. This EMERGENCY PROTECTION ORDER will expire at 5:00 p.m. on (insert date of next court day) .

2. A more permanent protection order must be requested at the Poarch Creek Indians Tribal Court.

3. Reasonable grounds appear that an immediate danger of domestic abuse exists and that this order should be issued against: (Name):

a. ( ) who must not abuse, harass, threaten, or commit any other acts of domestic abuse against (Person to be protected):

b. ( ) who must move out immediately from (residence):

c. ( ) who must stay 100 yards away from the above person and place.

4. ( ) ( Person to be protected) is given temporary custody of the following minor children (names, dates of birth):

I hereby certify that ( Name of Judge): transmitted the above Emergency Protection Order to me by telephone/facsimile (circle one) this the day of , 19 , at : .M.

(Print name of Officer)

(Signature of Officer)

WARNING

APPLICATION FOR EMERGENCY PROTECTION ORDER

1. (Name): has provided the following information:

a. PERSON (S) TO BE PROTECTED

b. PERSON TO BE RESTRAINED

Sex: M    F    Ht: WT: Hair Color:

Eye Color: Age: Scars/Marks

c. The person to be restrained is related to the person to be protected as a ( ) spouse/ex-spouse, ( ) boy/girlfriend, ( ) family member, ( ) other:

d. The events that caused the protection person to fear immediate and present danger of domestic abuse are (Give facts and dates. Specify any threats):

e. ( ) The person to be protected lives with the person to be restrained and requests an order that the restrained person move out immediately from the following resident:


f. ( ) The person to be protected has minor children in common with the person to be restrained and requests that she/he be granted temporary custody over those children because of the facts alleged in item 1 (d). No custody order currently exists.

2. ( ) The person to be restrained will be arrested and taken into custody.

3. A phone call was made to (name of Judge): , on (date): at (time)

( ) The above judge granted the Emergency Protection Order that follows.

BY:
( Print name of Officer)

(Signature of Officer)

Agency: Telephone No. ID. No.

APPLICATION FOR SERVICE OF PROCESS

PETITIONER

Your name: __________

Mailing address: ______

Residence location: ___

Phone: Home Work

Any other information needed for the Court to reach you:

RESPONDENT

Description and address of Respondent (the abuser):

Name:

Mailing address:

Residence location (draw map and attach, if necessary):


Describe the Respondent's appearance: Height ,Weight ,
Any identifying marks

POARCH CREEK INDIANS TRIBAL COURT

Petitioner ____________________

Respondent ___________________

Case Number __________

Domestic Abuse
Protection Order

This court, having read the Petition for Domestic Abuse Protection Order, and having determined that Respondent received proper and timely notice of the hearing, heard this matter on the ________day of ____________, 19 _____. This Court finds that Petitioner has proven that allegations of domestic abuse by a preponderance of the evidence.

Therefore, This Court orders as follows:

( ) 1. Respondent shall not abuse, harass, or threaten the Petitioner, or commit any other domestic abuse;

( ) 2. Respondent shall immediately leave Petitioner's residence;

( ) 3. Respondent shall stay at least 100 yards away from the following places (Do Not List any Address which would further endanger the Petitioner):

( ) Residence: _____________________________________________

( ) Place of employment: _____________________________________

( ) School attended by Petitioner or Petitioner's Children: ____________________________

( ) Other places: ____________________________________

( ) 4. Respondent shall not contact Petitioner, in person, in writing, or by telephone.

( ) 5. Petitioner shall have custody of the following minor children: ______________________.

( ) 6. Respondent shall be permitted to visit with the children only on the following day(s): ________ at the following places (s) _________________________________ and time(s) _________________________________ under the supervision of the following person (s) ______________________________________________________

( ) 7. Respondent shall pay to Petitioner the following amount for the support of their minor children: $ ______________________ per _____________________ ; these payments shall be made as follows: _____________________ .

( ) 8. Respondent shall return to Petitioner the following items : _________________________________________________________

( ) 9. Respondent shall not sell, remove, hide, destroy or damage any property owned by Petitioner or by both parties jointly.

( ) 10. An Officer of the Poarch Creek Indians Public Safety Department shall accompany Petitioner to a residence occupied by the Respondent to:

( ) obtain physical custody of the children listed in paragraph 5 above,

( ) collect personal belongings listed in paragraph 8 above;

( ) ensure that Respondent leaves the parties residence located at : _______________________________

( ) 11. Respondent shall pay to Petitioner the following amounts, as compensation for expenses incurred as a result of the abuse:

Lost earnings:                $_______________________

Property taken or damaged $____________________

Travel expenses:         $________________________

Other                          $________________________

( ) 12. Respondent shall participate in domestic abuse counseling at ________________for___________________weeks/months.

( ) 13. Petitioner shall participate in domestic abuse counseling at ___________________________for ________________weeks/months.

( ) 14. Respondent shall participate in alcohol counseling at ____________________for_____________________weeks/months.

( ) 15. Respondent shall pay to this Court the costs of this proceeding, $ ___________, in cash or a money order made out to: ______________________.

( ) 16. Other relief, as follows: _______________________________________________________________________.

This order shall be effective for ________years _______months from the date of its entry.

IT IS SO ORDERED, ADJUDGED AND DECREED THIS ____________________DAY OF ___________, 19_______.

________________________________________
JUDGE, POARCH CREEK INDIANS TRIBAL COURT

I hereby certify thai I personally served a true copy of the foregoing on the Respondent this ___________ day of ____________, 19 ____.

________________________________________
Name

POARCH CREEK INDIANS TRIBAL COURT

PETITIONER

V.

RESPONDENT,

CASE NUMBER
MOTION FOR ORDER TO
SHOW CAUSE

COMES NOW PETITIONER, , and moves the Court for an Order requiring Respondent , to show cause why he/she should not be held in contempt for violating the Protection Order entered on the , day of , 19 . As grounds for this motion, Petitioner states that Respondent violated the Protection Order in the following manner (describe how Respondent violated the order. Refer to specific paragraph numbers in the order, and then state what Respondent did to violate that part of the order, and the date(s) and time(s) of the violation(s):

Respondent may be served at (describe where he or she may be found and attach a map if necessary):

WHEREFORE Petitioner, , asks this Court for an Order requiring Respondent, , to show cause why this Court should not hold him or her in contempt.

WITNESS

Respectfully submitted,

(PETITIONER)

POARCH CREEK INDIANS TRIBAL COURT

PETITIONER

RESPONDENT,

CASE NUMBER
ORDER TO
SHOW CAUSE

To:

YOU ARE ORDERED TO APPEAR before this Court on the day of , 19 , at : .M. to show cause why you should not be held in contempt for violating the Protection Order entered on the day of , 19 . Petitioner has set forth the alleged violation(s) in the Motion to Show Cause served upon you with this order.

DATED this the day of , 19 .

JUDGE, POARCH CREEK INDIANS TRIBAL COURT

I hereby certify that I personally served a true copy of the foregoing on the Respondent this day of , 19 .

___________________
Name

POARCH CREEK INDIANS TRIBAL COURT

PETITIONER

V.

RESPONDENT,

CASE NUMBER
MOTION TO VACATE
PROTECTION ORDER

COMES NOW PETITIONER, , and moves the Court to vacate the protection order entered on the day of , 19 . AS grounds for this Motion, Petitioner states that the circumstances that caused her or him to request a protection order have changed in the following manner (describe why you no longer need the order):

( ) Respondent completed domestic abuse counseling at on. (list dates)
( ) Respondent completed substance abuse counseling at on. (List dates)
( ) Other

THEREFORE, I no longer feel that I need protection from Respondent and request that the Courts vacate the Protection Order entered against Respondent.

WITNESS

Respectfully submitted,

PETITIONER

POARCH CREEK INDIANS TRIBAL COURT

PETITIONER

RESPONDENT,

CASE NUMBER

ORDER

THIS COURT, having considered Petitioner's Motion to Vacate Protection Order entered by this Court on the day of , 19 , and having heard the parties' arguments as to why the Court should vacate the order, hereby ORDERS that the Petitioner's Motion is Granted / Denied.

_
JUDGE, POARCH CREEK INDIANS TRIBAL COURT

DATE OF ISSUE
JUNE 1, 1997

SECTION CODE
T-1

GENERAL ORDER
NO . 97-1

SUBJECT