Remedies for Emergency Protection Orders for Domestic Violence Cases

Red Cliff Band of Lake Superior Chippewa Code of Laws 41.3.N

Tribe: Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin

41.3.N Remedies Available in an Emergency Protection Order or Civil
Protection Order 1. The Court shall not deny a Petitioner the relief requested solely
because of a lapse of time between an act of domestic or family
violence and the filing of the Petition. 2. The Court may grant the following relief in an Order for Protection
whether or not the Respondent appears at the Civil Protection
Order hearing:
a)
Prohibit the Respondent from threatening to commit or
committing acts of domestic or family violence orharassment against the Petitioner or Petitioner’s family or
household members; b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Prohibit the Respondent from contacting the Petitioner or
communicating with the Petitioner in any way or by any
means directly, indirectly, or through third-parties;
Prohibit the Respondent from intentionally preventing a
representative or employee of the tribal protective services
agency from meeting, communicating, or being in visual or
audio contact with the Petitioner or individual at risk,
except as provided in the order;
Remove and exclude Respondent from Petitioner’s
residence. If Respondent owns or leases the residence and
the Petitioner has no legal interest in the residence, the
Court may order the Respondent to avoid the residence for
a reasonable length of time until the Petitioner relocates
and shall order the Respondent to avoid the Petitioner’s
new residence for the duration of the Civil Protection
Order;
Remove and exclude Respondent from any of Petitioner’s
place(s) of employment at any time Petitioner is present;
Remove and exclude Respondent from other specified
locations frequented by the Petitioner;
Remove and exclude Respondent from specified public
social events and activities;
Remove and exclude Respondent from Red Cliff Tribal
Lands;
Limit or prohibit contact with minor children of
Respondent where necessary to protect the safety of the
Petitioner or child(ren);
Refer minors who are family or household members for
assessments and services through the Indian Child Welfare
office, mental health program, or other tribal or non-tribal
program;
Require Respondent to participate in alcohol or other
assessments, or to participate in treatment where the treatment program meets the standards of the Red Cliff
Violence Prevention for Batterers Intervention Program;
l)
m)
n)
o)
p)
q)
r)
O.
Order the Respondent to surrender his or her firearms or
weapons to local law enforcement and prohibit the
Respondent from possessing or obtaining additional
firearms or weapons for the duration of the Emergency
Protection Order or Civil Protection Order;
Require the Respondent to reimburse the Petitioner or any
other person for any expenses associated with the domestic
or family violence, including but not limited to medical
expenses, counseling, shelter, and repair or replacement of
damaged property;
Require the Respondent to participate in community
service, such as cutting wood or providing other services
for elderly members of the Tribe;
Require that the Respondent’s act(s) of domestic and/or
family violence be publicly posted;
Require the Respondent to refrain from removing, hiding,
damaging, harming, mistreating, or disposing of, a
household pet and allow the Petitioner, or someone acting
on his or her behalf, to retrieve a household pet;
Order a wireless telephone service provider to transfer to
the Petitioner the right to continue to use, and the financial
responsibility for use of, a telephone number or numbers
used by the Petitioner or used by a minor child in the
Petitioner’s custody as long as the Petitioner identifies the
name and the billing telephone number of the account
holder, and each telephone number for which the Petitioner
is requesting transfer.
Such other relief as the Court deems necessary to protect
and provide for the safety of the Petitioner, the individual at
risk, or any designated family or household member of the
individual at risk.

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