Tribe: Navajo Nation
§ 1660. Available relief
A. In any proceeding in which a petition for a protection order is filed,
once the petitioner has met the burden of proof, the Court shall grant any
relief necessary to prevent further abuse. Available relief includes but is
not limited to the following:
1. No further abuse. The Court may order the respondent to refrain
from further threatening, harassing, or harming the victim or committing
any act of domestic abuse;
2. Exclusive possession. The Court may grant exclusive possession
of the residence or household to the victim regardless of whether the
residence is owned jointly, or owned solely by the abuser. The Court may
order the respondent to vacate the residence;
3. Stay away. The Court may order the respondent:
a. To stay away from the victim and others who may be
endangered;
b. Not to enter or linger outside of petitioner’s or any
family or clan member’s residence, place of work, or school; or
c. To leave and remain away from any reasonably-defined
geographic area;
4. No contact. The Court may order the respondent not to initiate
contact with the petitioner in person, in writing, by phone, or through
others unless otherwise specified by the Court;
5. Rent and mortgage payments. The Court may order the respondent
to pay rent or make mortgage payments on a residence occupied by the
petitioner if the respondent is found to have a duty to support the
victim or other members of the household;
6. Alternative housing. The Court may order the respondent to pay
for shelter or temporary housing for the victim if the victim cannot
remain in her or his home due to the danger of recurrence of domestic abuse;
7. Child custody.
a. The Court may award either party immediate, temporary
custody of any minor children of the parties until further order of the
Court, or the Court may enter a permanent custody order;
b. In determining custody, the Court shall presume that an
abusive parent is unfit to have custody of the minor children. The
respondent may rebut the presumption by showing that he or she is not
abusive of the children and his or her abuse of others does not adversely
affect the children.
8. Visitation.
The Court may grant the non-custodial parent
visitation with any minor children of the parties.
a. If disclosing the victim’s address for purposes of
visitation may endanger the victim, the Court may order alternative
arrangements. Example: The petitioner drops the children off and the
respondent picks them up at a pre-arranged neutral place such as a
relative’s home;
b. If there is evidence that the abuser may endanger the
children, the Court may order supervised visitation in a public location
or may deny visitation entirely,
9. Payment of support. The Court may order the non-custodial
parent to pay child support if that parent is found to have a duty to pay
such support;
10. Monetary compensation. The Court may order the respondent to
compensate the petitioner for the losses suffered as a direct result of
the respondent’s acts of domestic abuse, including, but not limited to,
medical expenses, loss of earnings or other income, cost of repair or
replacement of real or personal property, moving or other travel
expenses, and attorney’s fees;
11. Possession of personal property. The Court may order the
respondent to give temporary possession of personal property to the
petitioner or victim including automobiles, checkbooks, keys, documents,
and other personal property;
12. Nondisposition of property. The Court may order either party
or both parties not to transfer, encumber, or otherwise dispose of
specified property mutually owned or leased by the parties;
13. Counseling. The Court may order either or both parties to
attend any counseling which the Court finds will address the problems
underlying the parties’ domestic abuse;
14. Substance abuse counseling. If the Court finds that substance
abuse was a factor in the domestic abuse, the Court may order either or
both parties to attend counseling or enter a rehabilitation program for substance abuse;
15. Payment of costs of counseling. The Court may order the
respondent to pay for the costs of any counseling ordered under §§
1660(A)(13) and (14);
16. Law enforcement supervision of return to residence. The Court
may order the police to accompany the victim to a residence to collect
her or his personal belongings, to take physical custody of the children,
and/or to take physical possession of the residence;
17. Court costs and fees. The Court may order the respondent to
pay to the Court the costs of the proceeding, including filing fees, fees
for service of process, and photocopy costs.
18. Security or bond. To assure compliance with any court order,
the Court may require the respondent to post a bond, deposit money with
the Court, or pledge property as security. Upon determining that the
respondent has violated the order, the Court may require payment or
transfer of the bond, money, or property to the petitioner or to the
Navajo Nation.
19. Other relief. The Court may grant such other relief as it
deems necessary.
B. Ex parte relief. Any Emergency Protection Order or Temporary
Protection Order granted without a hearing may include the following relief
described above: (1) No further abuse; (2) Exclusive possession; (3) Stay
away; (4) No contact; (7) Immediate temporary custody; (11) Possession of
personal property; (12) Nondisposition of property; (16) Law enforcement
supervision of return to residence; (19) Other relief.