Tribe: Eastern Band of Cherokee Indians
Sec. 50B-9. – Contents of protective orders.
(a)The Court may grant any protective order or approve any consent agreement to stop or to prevent acts of domestic violence. Relief granted pursuant to an ex parte order shall expire at such time as a final protective order is entered. Relief granted pursuant to a final order shall be for a fixed period not to exceed two years duration and may be modified or extended at a subsequent hearing upon proof and a finding by the court that the threat of domestic violence still exists. If an immediate modification or renewal is needed, this may done ex parte (see section 50B-10 below). Permanent orders regarding matters of custody, visitation, support or division of property should be addressed by filing separate civil actions with the court in accordance with the applicable rules of civil procedure. The orders or agreements may:(1)Direct a party responsible for domestic violence to refrain from any acts of domestic violence as defined in section 50B-2.(2)Grant to an aggrieved party possession of the residence or household of the parties and exclude the other party from the residence or household.(3)Require a party responsible for domestic violence to provide a spouse and his or her children suitable alternate housing.(4)Award temporary custody of minor children, order either party to make payments for the support of minor children as required by law, and establish temporary visitation rights of the minor children, with the primary consideration being the least disruption of the children, which shall include, but not be limited to consideration of the health, safety, education, and normal routines of children. If visitation is granted there shall be set rules for exchange of children for visitation, including but not limited to times, places, persons and the non-custodial parent may be required to post a bond as required by the Court. If the Court finds that the safety of the victim or the children will be jeopardized, the Court may deny visitation entirely.(5)Order the eviction of a party responsible for domestic violence from the residence or household and assistance to the victim in returning to it.(6)Order respondent to make timely payments on existing debts of the respondent, including mortgage or rental payments and necessary utilities, medical expenses, health insurance coverage for spouse and minor children, as well as any other necessary expenses and require the respondent to continue all available insurance coverage without change in coverage or beneficiary designation.(7)Provide for possession of personal property of the parties, including granting an aggrieved party use of a vehicle and other essential personal effects, regardless of which party holds title to such property.(8)Order a respondent to refrain from doing any or all of the following:a.Threatening, abusing, or following the intimate partner or a member of the intimate partner’s household or family,b.Visiting the home, workplace, school or any other place where the intimate partner or intimate partner’s household member(s) or family member(s) is likely to be and wherein Respondent has no authorized business or need to be;c.Communicating with the intimate partner in person or with the intimate partner’s family or household member(s), by telephone, in writing, through gifts, either directly or indirectly through third persons (unless through an attorney or allowed through court ordered visitation of a minor child) or otherwise;d.Coming within a certain distance of the intimate partner or named household or family member at any time, ore.Otherwise interfering with the intimate partner or household member or family member or intimate partner or engaging in any other conduct that would result in emotional distress to the intimate partner or any household or family members or result in reasonable fear of bodily injury to same.(9)Award costs and attorneys’ fees to the aggrieved party.(10)Prohibit a respondent from receiving, using, possessing, purchasing or transporting a firearm or ammunition.(11)Order a respondent to attend and complete an abuser treatment program recognized and approved by the Eastern Band of Cherokee Indians or the Tribe’s program for victims of domestic violence as based on an effective established model that has a sensitivity to and focus on the Native American experience.(12)Order a respondent to participate in drug or alcohol assessment and treatment.(13)Order one or both parties to maintain, and refrain from removing funds beyond a certain limit from, the parties’ bank account.(14)Order one or both parties from transferring, removing, encumbering, mortgaging, concealing, disposing, or altering property except as authorizing by the Court, and requiring that an accounting be made to the Court for all authorized transfers, encumbrances, disposition and expenditure.(15)Order respondent to pay restitution to the aggrieved party or to any member of the aggrieved party’s family or household who has suffered a financial loss due to respondent’s actions.(16)Include any additional prohibitions or requirements the court deems necessary to protect an aggrieved party or a minor child.(17)Order respondent to reimburse within 30 calendar days of this order any victim services agency/program (including but not limited to The Tribal Domestic Violence Program, Western North Carolina Legal Services, etc.) for any services provided to petitioner/aggrieved party as a victim of domestic violence (for example, reimbursement could be ordered for such things as advocacy, shelter, legal assistance, etc.) Failure to reimburse any tribal program within the stated time frame shall constitute a debt to the tribe.