Statutes | Winnebago Tribal Code Title 12 Article 2 ยง 12-224 | 2018
1. A court may issue a written or oral emergency order for protection ex parte when a law enforcement officer states to the court in person or by telephone, and the court finds reasonable grounds to believe, that an incident of Domestic or Family Violence occurred.
2. A law enforcement officer who receives an oral order for protection from a court shall:
a. Write and sign the order on the form required;
b. Serve a copy on the respondent;
c. Immediately provide the petitioner with a copy of the order; and
d. Provide the order to the court by the end of the next working day.
3. The court may grant the following relief in an emergency order for protection:
a. Enjoin the respondent from threatening to commit or committing acts of domestic or family violence against the petitioner and any designated family or household member; any Domestic Violence Program personnel and/or their families; or any law enforcement or court employees and/or their families.
b. Prohibit the respondent from harassing, annoying, telephoning, stalking, contacting, or otherwise communicating with the petitioner, directly or indirectly;
c. Remove and exclude the respondent from the residence of the Petitioner, regardless of ownership of the residence;
d. Order the respondent to stay away from the residence, school, place of employment of the petitioner, or any specified place frequented by the petitioner and any designated family or household member;
e. Order possession and use of essential personal effects, regardless of the ownership of the essential personal effects, and direct the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to possession of the residence, automobile, and other essential personal effects, or to supervise the petitioner’s or respondent’s removal of personal belongings. Cars will be excluded if the respondent can show that the car is being used for transportation to valid place of employment;
f. May grant temporary custody of a minor child to the petitioner; and
g. Order 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.
4. A judge or other court officer with authority to issue an order for protection must be available twenty-four (24) hours a day to hear petitions for emergency orders for protection. [TCR 96-55, 06-26]