Statutes | Kickapoo Tribe of Oklahoma Tribal Domestic Violence Protection Ordinance Chapter 3 ยง 305 | 2020

(a) If a plaintiff requests an emergency temporary ex parte order of protection as provided by Section 306 of this Ordinance, the Judge who is notified of the request by a Peace Officer may issue such order verbally to the Officer or in writing when there is reasonable cause to believe that the order is necessary to protect the victim from immediate and present danger of domestic abuse. When the order is issued verbally the Judge shall direct the officer to complete and sign a statement attesting to the order. The emergency temporary ex parte order shall be in effect until the close of business on the next day the court is open for business after the order is issued.

 

     1. Based upon a statement, whether in person, by telephone or other electronic or digital means, of a Law Enforcement Official to the Court, the Court finds reasonable grounds to believe that the petitioner is in immediate danger of domestic abuse or

 

     2. When the abuse occurs or is threatened to occur when a Judge is not available for a hearing with notice and the petitioner reasonably appears in immediate danger of domestic abuse

 

     3. Immediately notify, by telephone or other electronic or digital means, a Judge of the District Court of the request for an emergency temporary ex parte order of protection and describe the circumstances. The Judge shall inform the peace officer of his decision to approve or disapprove the emergency temporary ex parte protection order

 

     4. Inform the victim whether the Judge has approved or disapproved an emergency temporary ex parte protection order. If an emergency temporary ex parte protection order has been approved, the officer shall provide the victim with a copy of the emergency temporary ex parte protection order, that contains a signature of the officer that verify the approval by the Judge and notify the said victim that the emergency temporary ex parte protection order shall be effective only until 5:00 p.m. of the next business day that the Court is open for business.

 

     5. Notify the person subject to the emergency temporary ex parte protection order of the issuance and condition of the order. Notification pursuant to this paragraph may be made personally by the officer in writing. A copy of the emergency temporary ex parte protection order signed by the officer attesting to the order of the judge shall be given to said person

 

     6. Provide the original emergency temporary ex parte protection order and the statement of the officer with the Kickapoo Tribal District Court immediately upon the opening of the Court on the next day the Court is open for business.

 

(b) A Law Enforcement Official who receives an oral order for protection from the Court shall:

 

     1. Write and sign the order per the Court&rsquos discretion

 

     2. Serve a copy on the defendant.

 

     3. Immediately provide the petitioner with a copy of the order, and

 

     4. Provide the order to the Court by the end of the next business day.

 

(c) A Judge or Court Official with authority to issue an emergency ex parte protective orders, must be available 24 hours a day to hear petitions for emergency ex parte protective orders.

 

See  http://kickapootribeofoklahoma.com/forms/court/Ordinances/Domestic20Violence20Protection20Ordinance.pdf For Form