Kenaitze Indian Tribe

Address

Kenaitze Indian Tribe
P.O. Box 988
Kenai, AK 99611
Phone: (907) 283-3633
Fax: (907) 283-3052

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Domestic Relations Code

Chapter 6: Domestic Violence

Section 1. Definitions

Section 2. Cooperative Enforcement of Protective Orders

Section 3. Beginning a Case

Section 4. Contents of the Petition to Use the Tribal Court

Section 5. Emergency Hearings for Temporary Protective Orders

  1. Hearing without Notice to Respondent
  2. Service of Temporary Orders
  3. Duration of Temporary Orders
  4. Request for Long Term Protective Order

Section 6. Hearing for Long Term Protective Orders

  1. When the Court May Hold a Long Term Protective Order Hearing
  2. Notice
  3. Court Decision
  4. Service of Long Term Protective Orders
  5. Extension of Long Term Protective Orders

Section 7. Contents of Protective Orders

Section 8. Dissolving or Modifying Temporary or Long Term Protective Orders

Section 9. Violation of a Protective Order

Section 10. Rights of Victims of Domestic Violence

Section 11. Domestic Violence Cases Generally Open to the Public/Exceptions

Section 1. Definitions

"Domestic Violence" means assault, threats of violence, or physical, sexual, or mental abuse of a person when the victim is a spouse, a former spouse, an extended family member, a boyfriend or girlfriend, or any other person who has been an intimate partner, a member of the social unit made up of those living together in the same dwelling as the victim or perpetrator, or a caretaker.

"Petitioner" shall be the person who actually files a petition to the tribal court requesting a Protection Order.

"Respondent" shall be the perpetrator of domestic violence.

"Parties" shall be the Petitioner, the victim if other than the Petitioner, and the Respondent.

"Stalking" is when a person engages in more than one act of non-consensual contact with a victim and such contact places that person in fear of death or physical injury or in fear of death or physical injury of a family member. "Contact" could include, but is not limited to, following a person, approaching a person in public, going to a person's place of employment, telephoning a person and sending mail or electronic communication to a person.

Section 2. Cooperative Enforcement of Protective Orders

In accordance with the full faith and credit provision of the Violence Against Women Act, 18 U.S.C. 2265, the Kenaitze Tribal Court shall recognize protective orders issued by the State of Alaska, another state or another tribal government.

Section 3. Beginning a Case

A person who has been subjected to domestic violence as defined in Section 1 of this Chapter, or any person who has knowledge of domestic violence committed against a person who is unable or unwilling to petition the Court, may request a domestic violence protection order from the Tribal Court. The person shall make the request by filing a Petition to use the Tribal Court form. The person who files such a petition shall be called the "Petitioner."

Section 4. Contents of the Petition to Use the Tribal Court

In domestic violence cases, the Petition to Use the Tribal Court shall contain the following information:

  1. The name, address and age of the person to be protected;
  2. The names and addresses, if known, of the person's custodians, if any;
  3. The names and addresses of any other person or tribe with an interest in the domestic violence proceeding;
  4. Whether the Petitioner is the victim or whether some other person is the victim, and if so, the Petitioner's relationship to the person to be protected;
  5. The facts that make it necessary for the person to be protected; and
  6. The relief requested by the Petitioner, including whether the Petitioner is requesting a temporary protective order, a long term protective order, or both.

Section 5. Emergency Hearing for Temporary Protective Orders

  1. Hearing without Notice to Respondent. In emergency circumstances, the Court may hold an emergency hearing to consider issuing a temporary protective order. The Court may grant a temporary protective order without written or oral notice to the Respondent if the Court finds that the Petitioner, or victim if other than the Petitioner, has been subjected to domestic violence and that the Respondent poses an immediate threat to the health, safety, or welfare of the victim or a member of his or her household.
  2. Service of Temporary Orders. If the Court enters a temporary protective order and the Respondent was not present at the emergency hearing, the Court shall immediately serve the Respondent with a copy of the Petition and a copy of the Temporary Protective Order.
  3. Duration of Temporary Orders. A Temporary Protective Order shall remain in effect for 20 days after it is issued unless dissolved earlier by the Court. If the Court receives a request to dissolve a Temporary Protective Order, it must follow the procedures set forth in Section 8, below.
  4. Request for Long Term Protective Order. A Petitioner may request that the Court enter a long term protective order, either in his/her original Petition or during an emergency hearing. If a long term protective order is requested, the Court shall follow the procedures set forth in Section 6, below.

Section 6. Hearing for Long Term Protective Orders

  1. When the Court May Hold a Long Term Protective Hearing. The Court may hold a long term protective order hearing even if an emergency hearing was not requested or if a temporary protective order was denied. In these cases, a hearing shall be held within 20 days of filing the Petition. If a temporary protective order was entered, a long term protective order hearing shall be held within 20 days of granting the temporary order.
  2. Notice. The Court shall provide notice to the Parties at least 10 days prior to a long term protective order hearing. The hearing may proceed regardless of whether the Respondent participates.
  3. Court Decision. The Court may enter a long term protective order if the Court finds by a preponderance of evidence that the Respondent has committed an act involving domestic violence against a victim. A long term protective order shall be in effect for up to one year from the date of the hearing, unless the Court determines that for safety reasons it is in the best interest of the victim and/or the Tribe to grant the protective order for a longer period including up to life of the person/s being protected.
  4. Service of Long Term Protective Orders. If the Court enters a long term protective order and the Respondent was not present at the hearing, the Court shall immediately serve the Respondent with a copy of the Petition and a copy of the long term protective order.
  5. Extension of Long Term Protective Orders. The long term protective order may be extended for up to one year upon request of the Petitioner or victim if other than the Petitioner, and after another hearing is held indicating that it is necessary to extend the order to protect the victim or a person residing with the victim. Notification of such a hearing shall be given to the parties at least 20 days in advance of the hearing.

Section 7. Contents of Protective Orders

At either an emergency hearing for a temporary protective order or at a hearing for a long term protective order, the Court may include any of the following provisions in its Order:

  1. Banishment of the Respondent from the Tribe's Territory;
  2. That the Respondent be restrained from threatening to commit or committing domestic violence, stalking or harassment;
  3. That the Respondent move out of the home of the victim, regardless of the ownership of the residence;
  4. That the Respondent not communicate directly or indirectly with the victim (this may include no telephone calls, letters, or in-person contact, depending upon the Court's Order);
  5. That the Respondent stay away from the petitioner's home, school, place of employment, children's daycare and any other place frequented by the petitioner or members of the petitioner's household;
  6. That the Respondent stay a specified distance from the petitioner, as determined by the Court;
  7. That the respondent not enter any propelled vehicle in the possession of or occupied by the petitioner;
  8. That a peace officer accompany the victim to the victim's residence to obtain property or children if the victim has custody of the children;
  9. An award of temporary custody of the minor child(ren), with a possible visitation provision with a minor child if the safety of the child and the victim can be protected;
  10. If visitation is allowed, the Court may order visitation under specific conditions;
  11. That the victim have possession and use of vehicles and other essential personal items, regardless of ownership of the items;
  12. That a Respondent pay support to a victim or for a minor child in the care of the victim if the Respondent has a legal obligation to support the child;
  13. That the Respondent pay medical or other expenses of the victim that resulted from domestic violence perpetrated by the Respondent;
  14. That the Respondent engage in personal or family counseling; substance-abuse counseling or treatment, or a program for the rehabilitation of perpetrators of domestic violence, or a combination of these;
  15. That the Respondent be prohibited from consuming alcohol, illegal drugs, and/or controlled substances that have not been properly prescribed;
  16. That the Respondent not follow the petitioner in any motorized vehicle.

Section 8. Dissolving or Modifying Temporary or Long Term Protective Orders

If any of the parties wish to dismiss or change an existing temporary or long term protective order in any way, he or she must file a Petition to use the Tribal Court specifically requesting the change. The Tribal Court shall then schedule a hearing only if the Court finds that the request has merit. If the Court chooses to hold a hearing to consider the dissolution or modification, it shall do so within 3 days for temporary protective orders and within 20 days for a long term protective order, with reasonable notice to the parties.

Section 9. Violation of a Protective Order

If the Respondent violates any part of a temporary or long term protective order, he or she shall be charged with contempt of court and be subject to appropriate penalties available to the Court.

Section 10. Rights of Victims of Domestic Violence

A victim of domestic violence is entitled to but not limited to the right to:

  1. Be informed of all hearing dates;
  2. Be present at all hearings of the Tribal Court on the matter, either in person or telephonically;
  3. Advise the Court on conditions required to ensure his or her safety; and
  4. Receive restitution for losses sustained as the direct result of the domestic violence

Section 11. Domestic Violence Cases Generally Open to the Public/Exceptions

Generally, domestic violence protective cases will be open to the public. The Court may make a case confidential if necessary to protect the safety or identity of a victim.

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