Statutes | Confederated Tribes of the Umatilla Indian Reservation Crim. Code Chapter 4 Part XI ยง 4.100 | 2019
A. Any person, including the elder or incapacitated person, may file a petition for a protection order. The petition shall contain the information, sworn before a Notary Public, required by the Tribal Court on its approved petition form, including, but not limited to the name, age and address of the elder a brief description of the abuse, harassment, exploitation or neglect and the identity and location of the person(s) perpetrating the abuse, harassment, exploitation or neglect.
1. If a petition in the proper form is filed with the Tribal Court, a protection order may be issued ex parte immediately. The ex parte order shall also set the date for a show cause hearing and be served on all the parties by the Tribal Police. The show cause hearing shall be scheduled within 10 working days of the granting of the ex parte protective order. At the show cause hearing the protection order may be continued or modified, upon a showing by a preponderance of the evidence that the abuse, harassment, exploitation or neglect has occurred.
2. Upon proof of service that the parties have been served with notice of the show cause hearing, the court may 1) reschedule a hearing, 2) issue a default order, or 3) dismiss the protection order if one or both of the parties fail to appear at the hearing.
B. The court shall issue a protection order which provides appropriate protection for an elder or incapacitated person if the Tribal Court determines that an elder or incapacitated person is either 1) abused, 2) harassed, 3) neglected, 4) at risk of physical harm, 5) at risk of financial harm or duress, or in imminent danger of any of the above. Such protection may include, but is not limited to the following:
1. Restraining the person who has abused, harassed, exploited or neglected an elder from continuing such acts or contacting the elder.
2. Removing the elder or incapacitated person or the person responsible for abuse, harassment, or neglect from the place where the abuse, harassment, or neglect has taken or is taking place.
3. Requiring an elder&rsquos or incapacitated person&rsquos family, conservator/guardian, care provider or other fiduciary to account for the elder&rsquos or incapacitated person&rsquos funds and property.
4. Requiring any person who harmed an elder or incapacitated person to pay restitution to the elder for damages resulting from that person&rsquos wrong doing.
5. Ordering the care provider, elder&rsquos or incapacitated person&rsquos family, Department of Children & Family Services, and or conservator/guardian to prepare a plan for and deliver elder or incapacitated person protection services which provide the least restrictive alternatives for services, care, treatment, placement or financial management consistent with the elder&rsquos or incapacitated person&rsquos needs.
6. Ordering the commencement of a proceeding for appointment of a conservator or guardian for the elder or incapacitated person.
C. Any party may request modification or termination of a protection order. The Court must hold a hearing with the parties present, unless it is shown through a lawful return of service that a party cannot be located.
D. A protection order shall be issued for a period not to exceed 12 months, but may be extended as many times as necessary to protect the person upon petition to the Court.