§ 16. Interference with a Custody Order

Statutes | Kenaitze Indian Domestic Relations Code Chapter 2 § 16

Anyone who interferes with a Court ordered placement of a child shall be subject to an appropriate penalty by the Kenaitze Tribal Court and/or all applicable Tribal, State and Federal law.

§ 15. Review Hearing

Statutes | Kenaitze Indian Domestic Relations Code Chapter 2 § 15

A. Review Hearing: The Tribal Court may conduct review hearings periodically while a child is in their legal custody, and shall conduct at least one review hearing before the Tribes legal custody expires.   B. Request for Review Hearings by Parties: While the child is in the legal custody...

§ 14. Temporary Custody Orders

Statutes | Kenaitze Indian Domestic Relations Code Chapter 2 § 14

A. Orders: The Court may issue written or oral Orders for all temporary custody cases that shall fully communicated to parties in those cases and kept in the permanent records of the Kenaitze Tribal Court.    B. Short Versions of Orders: If necessary to protect confidentiality, the...

§ 13. Temporary Custody hearing in Non-Emergency Situations

Statutes | Kenaitze Indian Domestic Relations Code Chapter 2 § 13

When the Kenaitze Tribal Court receives a Petition to take a child into tribal custody in non-emergency circumstances and determines that the Tribal Court has jurisdiction and chooses to hear the case, the Court shall hold a Temporary Custody Hearing within 30 days to determine whether to take a...

21.2.4.6 Duress

Statutes | Jamestown S'Klallam Tribal Code Title 21 Chapter 21.2 § 21.2.4 §§ 21.2.4.6

(1) In any prosecution for a crime, it is a defense that:       (a) The actor participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the actor that in case of refusal he or she or another would be liable to...

21.2.4.4 Justifiable Homicide Or Use Of Deadly Force Public Officer, Peace Officer, Person Aiding

Statutes | Jamestown S'Klallam Tribal Code Title 21 Chapter 21.2 § 21.2.4 §§ 21.2.4.4

(1) Homicide or the use of deadly force is justifiable in the following cases:       (a) When a public officer is acting in obedience to the judgment of a competent court or       (b) When necessarily used by a peace officer to overcome actual resistance to...

21.2.4.3 Homicide - When Excusable

Statutes | Jamestown S'Klallam Tribal Code Title 21 Chapter 21.2 § 21.2.4 §§ 21.2.4.3

Homicide is excusable when committed by accident or misfortune in doing any lawful act by lawful means, without criminal negligence, or without any unlawful intent.

21.2.4.2 Use Of Force - When Lawful

Statutes | Jamestown S'Klallam Tribal Code Title 21 Chapter 21.2 § 21.2.4 §§ 21.2.4.2

The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:  (1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officers direction  (2) Whenever...

21.2.4.1 Definitions

Statutes | Jamestown S'Klallam Tribal Code Title 21 Chapter 21.2 § 21.2.4 §§ 21.2.4.1

Unless a different meaning is plainly required:  (1) "Necessary" means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.  (2) "Deadly force" means the...

14D.6.04. Protective Order After Hearing

Statutes | Hoopa Valley Tribal Code § 14D.6.03

In addition to, or instead of, the remedies available above in section 140.6.05, the court may additionally order the following after hearing: (1) remove and exclude respondent from petitioners residence, or if Respondent owns or leases the residence and the petitioner has no legal interest in the...