Statutes | Hoopa Valley Tribal Code ยง 14D.4.05 | 2020
(a) Motion Required
Either party may file a motion with the Court seeking the modification or dismissal of a protective order, however, a protective order cannot be dismissed over the objection of the Petitioner unless the respondent proves by a preponderance of the evidence that there is no longer a need for such an order.
(b) Petitioners Disregard of Terms of Protective Order
Where the petitioner disregards the terms of the protective order, the court may do one of the following
(1) Dismissal of Order
The court may find that the order is no longer needed, where the Respondent proves by a preponderance of the evidence that the Petitioner has more than once purposefully sought out and interacted with the Respondent in a manner that disregarded the terms of the protective order and despite the contact the Respondent was not violent, threatening, or harassing.
(2) Modification to Mutual Protective Order
The court may modify the protective order to mutually restrain each party from contacting the other where the Respondent proves by a preponderance of the evidence that the Petitioner has more than once purposefully sought out the and interacted with the Respondent by making threats, being violent, or harassing the Respondent.