Tribe: Makah Indian Tribe of the Makah Indian Reservation
§ 11.5.10 Hearing. a. In-Person or by Telephone : The hear i ng shall be conducted in person, unless the
Court finds that a telephone hearing is necessary, in whole or in part, to
accommodate a party’s disability or to protect a victim. b. Evidentiary Standard: la order to obtain relief, the petitioner or filing party must
show that· there is a present danger of domestic violence to petitioner, based on
evidence that an act of domestic violence has occurred or is about to occur. lfthe
Court finds by a preponderance of the evidence, after a full hearing, that there is a
present danger of domestic violence, the Court shall enter an order for protection
as described in MLOC 11.5.11. c. Geographic Restraints: Restrain the respondent from frequenting any well-
defined area, includ ing but not limited to the residence, workplace, school, or
daycare of the petitioner or petitioner’s family member or household members. d. Care, Custody, and Control of Minor Children; Restraint Against Interference:
Provide for the care, custody, and control of the minor children of the parties, and
restrain the respondent from interfering with the petitioner’s care, custody, and
control. ln making provision for a minor child, the Court shall presume that the
respondent is unfit to have care, custody, and control. The respondent may rebut
the presumption by showing that he or she does not commit domestic violence
against the child and that his or her acts of domestic violence do not adversely
affect the child. e. Residential Time or Visitation with Minor Children: Grant the non-custodial
parent residential time or visitation with the minor children of the parties, under
such conditions as the Court deems necessary to assure the safety and welfare of
the minor children, the custodial parent, and other family and household
members. f. Support and Maintenance: Order the respondent to pay child support if the
respondent is found to have a duty to pay such support. Order the respondent to
pay maintenance or spousal support if the respondent is found to have a duty to
pay suchsupport. g. Possession of Real Property: Award the petitioner exclusive possession of the
residence that the parties share, regardless of whether the residence is owned
jointly or by the respondent alone, provided that nothing in this Chapter may
affect the title to or legal ownership of real property. h. Rent or Mortgage: Order the respondent to make rent or mortgage payments on a
residence occupied by the petitioner if the Court finds that the respondent has a
duty to support the petitioner or another member of the household. i. Possession of Essential Personal Effects: Order possession and use of essential
personal effects, regardlessofownership. j. . Possession of Personal Property: Order the respondent to surrender possession of
personal property to the petitioner, including but not limited to vehicles, keys,
checkbooks, and documents, regardless of whether such property is owned jointly
or by the respondent alone, provided that nothing in this Chapter may affect the
title to or legal ownership of personal property. k. Prohibition Against Transfer of Property: Order the parties not to transfer,
encumber, or otherwise dispose of real or personal property jointly owned or
leased by the parties, except as authorized by the Court. l. Special Provision for Elder or Disabled: In the case of domestic violence against
an elder or disabled person, appoint a caregiver, guardian, or designated payee. m. Counseling and Treatment Programs: Order the respondent to attend and
successfully complete one or more programs, including but not limited to a
domestic violence perpetrator program, anger management, mental health
counseling, substance abuse treatment, and parenting classes, and to execute all
necessary forms and releases in connection with such programs. n. Exclusion of Non-Member: Exclude a non-member respondent from the
Reservation, without the necessity of a separate exclusion proceeding under
MLOC Title 9. o. Bond: Order the respondent to post a bond assuring compliance with the tenns of
the order for protection. p. Compensation for Losses: Order the respondent to compensate the petitioner for
losses suffered as a direct result of the respondent’s acts of domestic violence, including but not limited to medical and counseling costs, loss of earnings or
other income, cost of repair or replacement of real or personal property, cost of
temporary shelter, and moving or travel expenses.
q. Court and Litigation Costs: Order the respondent to pay Court costs and service
fees, as established by the Court, and to reimburse the petitioner for costs incurred
in bringing the action, including reasonable attorney fees. r. Relief: Grant such other relief as the Court deems necessary for the safety and
welfare of the petitioner and petitioner’s family and household members,
including orders or directives to the NBPD, the Prosecutor, Social Services, or
other Tribal departments.
In addition, if the Court finds, by clear and convincing evidence, that the
respondent displayed, or threatened to use a firearm or other dangerous weapon in
the commission of an act of domestic violence or in the presence of a police
officer responding to a report of domestic violence, the Court may order the
following: s. Surrender of Dangerous Weapons: Order the respondent to surrender firearms
and other dangerous weapons owned by the respondent or in the respondent’s
possession to the Chief of Police, NBPD, under such conditions as the Court
deems appropriate. t. Restraint Against Possession and Use of Dangerous Weapons: Restrain the
respondent from the possession and use of firearms and other dangerous weapons. […] § 11.5.17 Counseling or Treatment for Petitioner. The Court shall not order the petitioner to participate in counseling or treatment programs
except that the Court may so in the folJowing instances: a. As a condition for awarding petitioner care, custody, and control of a minor child. b. As a condition for granting petitioner’s motion to terminate or to modify an order
for protection.