Statutes | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code Title 4 Chapter 4-11 ยง 4-11-4 | 2019
(a) Any person who has been the victim of abuse within the preceding one hundred eighty (180) days may petition the Tribal Court for relief under this chapter, if the person is in danger of further abuse from the abuser. The person may seek relief by filing a petition with the Tribal Court alleging that the person is in danger of abuse from the respondent, that the person has been the victim of abuse committed by the respondent within the one hundred eighty (180) days preceding the filing of the petition and particularly describing the nature of the abuse and the dates thereof. The abuse must have occurred not more than one hundred eighty (180) days before the filing of the petition. Allegations in the petition shall be made under oath or affirmation.
(b) The Tribal Court shall have jurisdiction over all proceedings under this chapter.
(c) The petitioner has the burden of proving a claim under this chapter by a preponderance of the evidence.
(d) A person&rsquos right to relief under this chapter shall not be affected by the fact that the person left the residence or household to avoid abuse.
(e) A petition filed under this chapter shall disclose the existence of any custody, Family Abuse Prevention Act or family law actions, pending between the parties, and the existence of any other custody order affecting the children of the parties, whether those proceedings occurred in Tribal Court or State Court.
(f) When the petitioner requests protection for any child, the petition shall disclose:
(1) The child&rsquos present residence and the length of time the child has resided at the residence
(2) The county and state where the child resided for the five (5) years immediately prior to the filing of the petition
(3) The name and address of the party or other responsible person with whom the child is presently residing
(4) The name and current address of any party or other responsible person with whom the child resided for the five (5) years immediately prior to the filing of the petition
(5) Whether the party participated as a party, witness or in any other capacity, in any other litigation concerning the custody of the child in this court or any other court
(6) Whether the party has information of any custody proceeding concerning the child pending in a tribal court or a court of the State of Oregon or any other state and
(7) Whether the party knows of any person not a party to the proceedings who has physical custody of the child or claims to have custody, parenting time or visitation rights with respect to the child.
(g) For purposes of computing the one hundred eighty- (180) day period in this chapter, any time during which the respondent is incarcerated or has a principal residence more than one hundred (100) miles from the principal residence of the petitioner shall not be counted as part of the one hundred eighty- (180) day period.