Statutes | Kenaitze Indian Domestic Relations Code Chapter 6 ยง 6 | 2020
A. When the Court May Hold a Long Term Protective Hearing. The Court may hold a long term protective order hearing even if an emergency hearing was not requested or if a temporary protective order was denied. In these cases, a hearing shall be held within 20 days of filing the Petition. If a temporary protective order was entered, a long term protective order hearing shall be held within 20 days of granting the temporary order.
B. Notice. The Court shall provide notice to the Parties at least 10 days prior to a long term protective order hearing. The hearing may proceed regardless of whether the Respondent participates.
C. Court Decision. The Court may enter a long term protective order if the Court finds by a preponderance of evidence that the Respondent has committed an act involving domestic violence against a victim. A long term protective order shall be in effect for up to one year from the date of the hearing, unless the Court determines that for safety reasons it is in the best interest of the victim and/or the Tribe to grant the protective order for a longer period including up to life of the person/s being protected.
D. Service of Long Term Protective Orders. If the Court enters a long term protective order and the Respondent was not present at the hearing, the Court shall immediately serve the Respondent with a copy of the Petition and a copy of the long term protective order.
E. Extension of Long Term Protective Orders. The long term protective order may be extended for up to one year upon request of the Petitioner or victim if other than the Petitioner, and after another hearing is held indicating that it is necessary to extend the order to protect the victim or a person residing with the victim. Notification of such a hearing shall be given to the parties at least 20 days in advance of the hearing.