Tribe: Grand Traverse Band of Ottawa and Chippewa Indians
§ 358 – Request to Modify Order by Respondent
(a) A respondent may request a modification of an order of protection if the order either:
(1) Removes the respondent from a residence that he or she owns;
(2) Requires the respondent to stay away from a specific residence, school, place of
employment or other location;
(3) Grants the petitioner possession and use of automobile and other essential personal
effects;
(4) Grants the petitioner temporary custody of a child or children;
(5) Provides or denies the respondent visitation with his or her minor child or children;
(6) Requires the respondent to make payments to the petitioner, the court or another
party.
(b) Upon receiving the respondent’s request, the court shall set a hearing date as soon as
practicable, but in no event later that fifteen (15) days after the next day on which court is
in session following the filing of respondent’s request. Notice of the request for
modification and the hearing date shall be served on the petitioner in accordance with
§ 355.
(c) At the hearing, the court shall consider whether any less-restrictive alternatives may be
appropriate under the circumstances. The court may modify the order where the order
works an unreasonable hardship upon the respondent, provided that the safety of the
victim and any family or household member remains the primary consideration. […] § 503 – Rights Afforded
In any court proceeding involving an offense against a crime victim, the court shall ensure that
the crime victim is afforded the rights described in Section 502. Before making a determination
described in Section 502(c), the court shall make every effort to permit the fullest attendance
possible by the victim and shall consider reasonable alternatives to the exclusion of the victim
from the criminal proceeding. The reasons for any decision denying relief under this chapter shall
be clearly stated on the record.