Ponca Tribe of Nebraska Tribal Code
TITLE IV DOMESTIC RELATIONS
CHAPTER 7 PROTECTION FROM DOMESTIC ABUSE
Section 4-7-1. Purpose
Section 4-7-2. Petition for Protection Order-Parties-Allegations-Affidavit-Pending Action-Costs-Standard Petition Form
Section 4-7-3. Notice and Hearing: Temporary Orders
Section 4-7-4. Relief Authorized on Finding Abuse; Time Limitation
Section 4-7-5. Grant of Relief Not to Affect Property or Orders Availability; Orders Duration
Section 4-7-6. Departure of Petitioner From Household Not Waiving Right to Relief
Section 4-7-7. Modification of Order
Section 4-7-8. Spousal Privilege Does Not Apply
Section 4-7-9. Delivery of Order to Law Enforcement Agencies
Section 4-7-10. Effect of Divorce or Other Civil Proceedings
Section 4-7-11. Surrender of Weapon by Defendant
The purpose of this Chapter is to provide for the protection of Tribal members under the jurisdiction of the Ponca Tribe of Nebraska Tribal Court and to secure the safety, which will serve the spiritual, emotional, mental, physical, and financial welfare of such Tribal members and the best interests of the Ponca Tribe of Nebraska. The primary objectives of these laws are to improve any conditions or home environment which may be jeopardizing the Tribal member's safety; to preserve the Tribal member's freedom to work, live, and worship without threat of harm by another individual; and to protect the peace and security of the tribal community, and its individual residents from abuse. This Code is also intended to provide procedures for securing a Protection Order or Consent Agreement through the Ponca Tribe of Nebraska Tribal Court. An application for relief under this Section may be filed in Tribal Court.Definitions. Terms used in this Chapter are inclusive unless a different meaning is clearly indicated by the context, mean:
(1) “Abuse” means the occurrence of one or more of the following acts between family or household members who reside together or who formerly resided together, including spouses or former spouses, children, persons who have had a child in common whether or not they have been married or had lived together at any time, other persons related by blood or marriage, and persons who are presently involved in a dating relationship with each other or who have been involved in a dating relationship with each other:
(a) attempting to cause or intentionally, knowingly or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon;
(b) placing, by physical menace or threat, another in fear of imminent serious bodily injury;
(c) attempting to cause or intentionally, knowingly or recklessly causing mental and/or emotional injury or anguish; or
(d) attempting to cause or intentionally, knowingly or recklessly refusing to provide for the physical needs of a person, including but not limited to a family or household member, a minor or an incompetent person, by a person with whom the law or society places this responsibility or by a person who has undertaken this responsibility. “Physical needs” include food, clothing, shelter, health care or other services which are necessary to maintain the person's mental and physical health.
(2) “Adult” means any person eighteen (18) years of age or older, or any person under (18) years of age who has been emancipated by marriage.
(3) “Dispositional hearing” is a hearing after adjudication at which the Court makes a final decision in the case.
(2) “Family or household member,” spouse, former spouses, persons related by consanguinity, adoption of law, persons living in the same household, persons who have lived together, or persons who have had a child together;
(3) “Protection order,” an order restraining any family or household member from committing any act of domestic abuse or an order excluding any family or household member from the dwelling or residence of another family or household member, whether or not the dwelling or residence is shared. A protection order has a duration of one (1) year or less, however, the applicant may reapply for additional terms; and
(4) “Temporary protection order,” an order restraining any family or household member from committing any act of domestic abuse or an order excluding any family or household member from the dwelling or residence of another family or household member whether or not a dwelling or residence is shared. A temporary protection order has a duration of thirty (30) days.
Ponca Tribe of Nebraska Code § 4-7-1, PTN Code § 4-7-1
(1) A petition filed under the provisions of this Chapter shall state:
(a) except as otherwise provided in subsection (6) of this section, the name, address, county of residence of each petitioner and of each individual alleged to have committed abuse;
(b) the facts and circumstances concerning the alleged abuse, and a copy of any police reports concerning the alleged abuse shall be attached to the petition;
(c) the relationship between the petitioners and the individuals alleged to have committed the abuse; and
(d) a request for one or more protective orders.
(2) If a petition requests a protective order for a spouse and alleges that the other spouse has committed abuse, the petition shall state whether or not a suit for divorce of the spouses or suit for custody is pending.
(3) If the petitioner is a former spouse of an individual alleged to have committed abuse:
(a) a copy of the divorce decree shall be attached to the petition, or
(b) the petition shall state that the decree is currently unavailable to the petitioner and that a copy of the decree will be filed with the Ponca Tribe of Nebraska Tribal Court before the time for the hearing on the petition.
(4) If a petition requests a protective order for a child who is subject to the continuing jurisdiction of another court or alleges that a child who is subject to the continuing jurisdiction of another court has committed abuse.
(5) If the petition requests the issuance of a temporary ex parte order, the petition shall:
(a) contain a general description of the facts and circumstances concerning the abuse and the need for immediate protective orders; and
(b) be signed by each petitioner under oath that the facts and circumstances contained in the petition are true and to the best knowledge and belief of each petitioner.
(6) If the petition states that the disclosure of the petitioner's address would risk abuse of the petitioner or any member of the petitioner's family or household or would reveal the confidential address of a shelter for domestic violence victims, the petitioner's address may be omitted from the petition pursuant to this subsection and the address of the petitioner is necessary to determine jurisdiction or venue, the disclosure of such address shall be made only to the Ponca Tribe of Nebraska Tribal Court Administrator.
Ponca Tribe of Nebraska Code § 4-7-2, PTN Code § 4-7-2
(1) Within thirty (30) days of filing a petition under provisions of this Code, the Ponca Tribe of Nebraska Tribal Court shall hold a hearing, at which time the petitioner must prove the allegation of abuse by a preponderance of the evidence. The defendant shall be given notice by service of process or as otherwise provided by law.
(2) Upon good cause shown in the ex parte proceeding, the Ponca Tribe of Nebraska Tribal Court may enter such temporary order as it deems necessary to protect the abused petitioner, any minor children or any person alleged to be incompetent. Immediate and present danger of abuse to the petitioner, any minor children, or any person alleged to be incompetent shall constitute good cause for purposes of this subsection. A temporary order shall last as long as the court deems necessary or until the hearing date, in the discretion of the court.
(3) If a hearing under subsection (1) of this section is continued, the Ponca Tribe of Nebraska Tribal Court may extend such temporary orders under subsection (2) of this section as it deems necessary. A continuance under this subsection shall last no longer than thirty (30) days.
Ponca Tribe of Nebraska Code § 4-7-3, PTN Code § 4-7-3
The Ponca Tribe of Nebraska Tribal Court shall be empowered to grant any protective order or approve any consent agreement to bring about a cessation of abuse of the petitioner, any minor children or any person alleged to be incompetent, which relief may include:
(1) directing the defendant to refrain from abusing the petitioner, any minor children or any person alleged to be incompetent;
(2) granting possession to the petitioner of the residence or household to the exclusion of the defendant by evicting the defendant and/or restoring possession to the petitioner;
(3) when the defendant has a duty to support the petitioner, any minor children or any person alleged to be incompetent living in the residence or household and the defendant is the sole owner or lessee, granting possession to the petitioner of the residence or household to the exclusion of the defendant by evicting the defendant and/or restoring possession to the petitioner, or by consent agreement allowing the defendant to provide suitable, alternate housing;
(4) awarding temporary custody of and/or establishing temporary visitation rights with regard to any minor children or any person alleged to be incompetent;
(5) if the defendant is legally obligated to support the petitioner, any minor children or any person alleged to be incompetent;
(6) ordering the defendant to pay the abused person monetary compensation for losses suffered as a direct result of the abuse, including but not limited to medical expenses resulting from such abuse, loss of earnings or support, out-of-pocket losses for injuries sustained, moving expenses, reasonable attorney's fees and/or ordering counseling or professional medical treatment for the defendant and/or the abused person; and
(7) prohibiting the transferring, encumbering or otherwise disposing of the property mutually owned or leased by the parties, except when in the ordinary course of business.
Ponca Tribe of Nebraska Code § 4-7-4, PTN Code § 4-7-4
(1) The granting of any relief authorized under this Chapter shall not preclude any other relief provided by law.
(2) Any protective order or approved consent agreement shall be fixed for a period of time not to exceed one (1) year.
(3) The Ponca Tribe of Nebraska Tribal Court may amend its order or agreement at any time upon subsequent petition filed by either party, notice to all parties, and hearing.
(4) No order or agreement under this Chapter shall in any manner affect title to any real property.
Ponca Tribe of Nebraska Code § 4-7-5, PTN Code § 4-7-5
A person's right to apply for relief under this section may not be affected by the departure of that person from the residence or household to avoid abuse.
Ponca Tribe of Nebraska Code § 4-7-6, PTN Code § 4-7-6
Upon application, notice to all parties, and hearing, the Court may modify the terms of an existing order for protection.
Ponca Tribe of Nebraska Code § 4-7-7, PTN Code § 4-7-7
There shall be no restrictions concerning a spouse testifying against his or her spouse in any hearing under the provisions of this Chapter.
Ponca Tribe of Nebraska Code § 4-7-8, PTN Code § 4-7-8
The petitioner may deliver an order for protection granted pursuant to this section within twenty-four (24) hours to the appropriate law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to this section.
Ponca Tribe of Nebraska Code § 4-7-9, PTN Code § 4-7-9
In any action involving domestic abuse, the Court may not: dismiss any charge or delay disposition of the domestic abuse action because of the pendency of a divorce or any other civil proceeding, unless agreed to by all parties, including the victim.
Ponca Tribe of Nebraska Code § 4-7-10, PTN Code § 4-7-10
The Court may require the defendant to surrender any dangerous weapon in his possession to local law enforcement.
Ponca Tribe of Nebraska Code § 4-7-11, PTN Code § 4-7-11