Statutes | Hoopa Valley Tribal Code ยง 14D.6.03 | 2020
(a) Grounds for issuance
(1) Preponderance of the evidence
The Court may issue an ex parte emergency protective order, upon a showing by preponderance of the evidence that an elder or dependant adult: is at risk of immediate physical, financial, or serious emotional harm or
(2) Clear and convincing evidence
No protective order may issue under any provision of this chapter where the elder or dependant adult objects to its issuance, unless there is a finding by clear and convincing evidence that order is necessary to protect the elder or dependant adult.
(b) Relief Available
The Emergency Order for Protection may include the temporary following relief if requested by the Petitioner:
(1) Enjoining the Respondent from committing further abusive acts and
(2) prohibiting Respondent from accessing or possessing petitioners cash, bank accounts, credit cards, food stamps, or other financial resources of the petitioner and
(3) Requiring compensatory damages to be paid by the wrongdoer to the elder or dependant adult for injuries resulting from the wrongdoers actions and
(4) prohibiting the Respondent from contacting or communicating with the Petitioner directly or indirectly
(5) prohibiting respondent from attending petitioners medical appointments
(6) prohibiting respondent from accessing or possessing petitioners medication
(7)prohibiting respondent from possessing or driving petitioners automobile
(8) limiting or prohibiting the Respondent from owning, possessing, purchasing, attempting to purchase, or receiving any guns or firearms, and to sell or turn in any guns or firearms that s/he controls
(9) such other relief as the Court deems necessary to protect and provide for the safety of the Petitioner and any designated family or household member.