Tribe: Crow Tribe of Montana
§8E.5.10 Hearing
a. In-Person or by Telephone: The hearing 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: In 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. If the 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 CLOC 8E.5.8E.
c. Geographic Restraints: Restrain the respondent from frequenting any well-defined area, including 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. In 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 founds 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 such support.
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. RentorMortgage: 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, regardless of ownership.
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 CLOC Title 9.
o. Bond: Order the respondent to post a bond assuring compliance with the terms 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 CPD, the Prosecutor, Social Services, or other Tribal departments. In addition, if the Court finds, by clear and convincing evidence, that the respondent t 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, CPD, 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.