Tribe: Quapaw Nation
§11 Hearing
A)
B)
Within the following two available court dockets after the filing of the petition for
a protective order, the Court shall schedule a full hearing on the petition, if the
Court finds sufficient grounds within the scope of this Act; unless otherwise agreed
upon by the parties or the Cowt.
If service has not been made on the defendant at the time of the hearing, the Court
shall, at the request of the petitioner, issue a new emergency order reflecting a new
hearing date and direct service to issue.
I)
Such request can be made by phone or in person if the defendant has not
been served by the date of the set hearing. A petition for a protective order
shall not expire unless the petitioner fails to appear at the hearing or fails to request a new order. Failure to serve the defendant shall not be grounds for
dismissal of a petition or an ex parte order. A petitioner may move to
dismiss the petition and emergency or final order at any time; however, a
protective order must be dismissed by court order. C) A final protective order shall be granted or denied within six (6) months of service
on the defendant unless all parties agree that a temporary protective order remain
in effect; provided, a victim shall have the right to request a final protective order
hearing at any time after the passage of six ( 6) months. D) At the hearing. the Court may grant a final protective order and impose any terms
and conditions in the protective order that the Court reasonably believes are
necessary to bring about the cessation of domestic violence, stalking, harassment
or an act of sexual nature of the victim or the immediate family of the victim. E) The Court shall not impose any term and condition that compromise the safety of
the victim including. but not limited to, mediation. couples counseling. family
counseling, parenting classes or joint victim-offender counseling sessions. The
Court may order the defendant to obtain domestic abuse counseling or treatment in
a state certified or judge approved program at the expense of the defendant. The
Court may order any counseling, assessment, or evaluation it finds necessary. 1) The defendant may be required to pay all or any part of the cost of such
treatment, evaluation, or counseling services. The Court and petitioner shall
not be responsible for such cost. 2) Should the petitioner choose to uridergo treatment or participate in court
approved counseling services tor victims of domestic abuse, the Court may
order the defendant to pay all or any part of the cost of such treatment or
counseling services if the court determines that payment by the defendant
is appropriate. F) At any hearing in a proceeding to obtain an order for protection, each party has a
continuing duty to inform the Court of any other current proceeding for an order
for protection, any civil litigation, each proceeding in family or Juvenile Court, and
each criminal case involving the parties, including the case name, the file number,
and the county and state of the proceeding, if that information is known by the
party. G) An order for protection is in addition to, and not in lieL1 of any other available civil
or criminal proceeding. A petitioner is not barred from seeking an order because of
other pending proceedings. The Court shall not delay granting relief because of the
existence of a pending action between the parties. H) Final protective orders authorized by this section shall be on a standard form
approved by the District Court. 1) When necessary to protect the victim and when authorized by the court,
protective orders granted pursuant to the provisions of this section may be
served upon the defendant by He-Tah.