Tribe: Sac & Fox Nation of Missouri in Kansas and Nebraska
Section 307. Required hearings; service; duty of court when
order for protection denied.
(a) Except as otherwise provided in subsection 2, if a
court issues an order for protection ex parte or a
modification of an order for protection ex parte and the court
provides relief pursuant to subsection 2 of Section 305, the
court shall set a date for a permanent order for protection
hearing regarding the ex parte order for protection within 35
days. If personal service cannot be completed, the court shall
notify the respondent by mail, at the last and best known
address of the respondent and/or petitioner, of the date and
time of the hearing for a permanent order for protection.
(b) Upon approval of an ex parte order, the civil clerk of
courts shall set a hearing date scheduled for within 14 days and immediately serve the petitioner regardless of the involvement
or lack of involvement of an advocate.
(c) If applicable, the respondent shall be served upon
arraignment on any related charge(s). The civil clerk of courts
shall be responsible for forwarding a copy of the ex parte order
to the jail for service before the respondent’s release on any
related charge(s).
(d) In the event that service is not successful, the judge
shall ask the petitioner, under oath at the hearing for the
permanent order for protection, ifs/he believes the respondent
is avoiding service by concealment or otherwise, and does not
know the respondent’s whereabouts or current residence. If the
petitioner so states, the judge shall direct the civil clerk of
courts to set another hearing date within 35 days and to
initiate service by mail to the last and best known address of
the respondent. Any ex parte order shall remain in effect per
provision of Section 305, subsection 5, above.
(e) At a second hearing for a permanent order for
protection and in the event the respondent again does not
appear, regardless of service, the judge shall issue a permanent
order for protection, if warranted, and grant relief as the
court deems appropriate.
(f) At a second hearing for a permanent order for
protection and having made reasonable efforts to contact the
respondent, and in the event the petitioner requests or the
court provides relief in accordance with paragraph (h),
subsection 2, of Section 305, concerning custody of a minor
child or the petitioner requests relief pursuant to paragraph
(b), (c), or (d) of subsection 3 of Section 305, such a hearing
determining the above cited relief must be given precedence over
all matters including older matters of the same character and
involving the same petitioner and respondent.
(g) In a hearing held pursuant to subsection 1 or 2 of
this section:
(1) Relief in accordance with section 305 is
available; and
(2) If the petitioner seeks further relief concerning
an issue not outlined by the ex parte order for protection,
the court may grant the relief or continue the hearing, or the petitioner may be granted a continuance to allow time
to file a petition for modification of the order.
(h) Whether or not the respondent has been arrested or
charged with domestic violence, the judge shall order the
respondent to participate in the Sac and Fox’s domestic violence
offender’s program.
Further, should the court determine that an assault has
occurred or the threat of assault has occurred, the judge shall
notify the tribal prosecutor for follow-up and possible
investigation.
(1) The Sac and Fox domestic violence offender’s
program shall be responsible for initiating a civil
contempt action should the respondent fail to comply with
court-ordered participation as outlined in this subsection.
(2) Completion, or partial completion, of the Sac and
Fox offender’s program, as ordered under this section,
shall not be substituted to meet any subsequent or existing
sentencing condition imposed under any other section of
this code.
(i) The Sac and Fox Police Department shall expedite
service of permanent orders for protection. If the
respondent is not able to be served in person after 30
days, the Tribal Police Department shall notify the clerk
of courts and the permanent order for protection shall be
mailed to the last and best known address of the
respondent.
(j) Any person against whom a permanent order for
protection is granted under subsection 5 above may petition the
court for reconsideration of the order for protection upon a
showing, by clear and convincing evidence, that the respondent
did not willingly and knowingly evade service and that there is
a meritorious defense to the action. Upon such a showing, the
court may grant another ex parte order to protect the petitioner
and immediately schedule a hearing within 35 days. The
respondent shall be served with a copy of the ex parte order at
the same time the respondent’s petition is granted.
(k) If the court denies a petition for an order for
protection or a petition to modify an order for protection that
is requested without notice to the respondent, the court shall
inform the petitioner, in person or by mail, of his or her continuing right to request a hearing upon notice to the
respondent. The court must state in the court record why the
request was denied.
[History: L. 2015, December 22; R-62-15
PUBLIC LAW# T 30 § 307]