Forms – Domestic Violence Rick A. Garcia, Esquire Director – AVCP Tribal Justice

Petition for Domestic Violence Protection * A petition for Domestic Violence Protection should be used to protect individuals from further abuse, or from further threat of abuse * An order of protection will not necessarily stop an abuser from stalking or hurting a victim, however, they will enable the victim to call public safety authorities and have their abuser arrested if the order is violated. * Domestic violence protection orders can come in different forms: Emergency (ex parte) orders Long term protection orders Petition for Domestic Violence Protection

Petition for Domestic Violence Protection What is Domestic Violence? Also called intimate partner violence, domestic abuse, or relationship abuse Can also involve violence against children, parents, or the elderly Can take on a number of forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse Petition for Domestic Violence Protection

Petition for Domestic Violence Protection What could be considered “domestic”? 1. Married to each other now or in the past 2. Have a child(ren) together 3. Living together now or in the past 4. Dating or sexual relationship now or in the past 5. Related by marriage now or in the past 6. Other considerations: Same sex relationships Petition for Domestic Violence Protection

Petition for Domestic Violence Protection Emergency Protection Orders (ex parte) Emergency protection orders are short-term protective orders given to victims for a short-period of time (up to 20 days). Emergency protection orders do not require notice to the offender (respondent) and may be issued without notice (due process considerations are waived due to exigency of circumstances) However, if an emergency protective order is granted, a hearing that provides all parties due process and an opportunity to be heard must be held prior to the entry of a long-term or permanent order of protection Petition for Domestic Violence Protection

Petition for Domestic Violence Protection Protection Order Protection order is different from an Emergency Protection Order in that typically the order of protection is for a longer period of time (1 year; 3 years; 5 years – defined in your judicial code) A victim can renew the protection order if they still feel threatened by his or her abuser Petition for Domestic Violence Protection

Petition for Domestic Violence Protection A Protection Order may include many different provisions, including: * No contact provision: prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim * Peaceful contact provision: Permitting the abuser to peacefully communicate with the victim for limited reasons, including care and transfer for visitation of their child *Stay Away Provision: Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. Oftentimes 100 yards or 300 feet Petition for Domestic Violence Protection

Petition for Domestic Violence Protection A Protection Order may include many different provisions, including: * Move Out Provision: Requiring the abuser to move out of a home shared with the victim. * Firearms Provision: Requiring the abuser to surrender any guns he or she possesses (about 2/3rds of states) and/or prohibiting the abuser from purchasing a firearm. * Counseling Provision: Ordering the abuser to attend counseling, such as batterer's intervention or anger management. Petition for Domestic Violence Protection

Petition for Domestic Violence Protection

Petition for Domestic Violence Protection

Petition for Domestic Violence Protection

Petition for Domestic Violence Protection

Petition for Domestic Violence Protection

NOTICE OF HEARING Notice of Hearing Legal document that advises parties of the date, time, and location of a court case hearing. Notice of hearing should be sent to all parties involved: (1) The Court Clerk, (2) The Plaintiff (petitioner), and (3) The Defendant (respondent)

NOTICE OF HEARING Notice of Hearing How soon should a hearing be scheduled? We want to ensure that a hearing is scheduled in enough time to give participants time to make accommodations with work, school, and family life

NOTICE OF HEARING Notice of Hearing Generally, 14 calendar days from the date that the Notice of Hearing is mailed is considered “reasonable” time for a hearing. For example, if a Notice of Hearing is being sent on October 1st, the ideal hearing date would be after October 15th.

Notice of Hearing

ORDER GRANTING EMERGENCY PROTECTION ORDER Order Granting Emergency Protection Order Emergency protection orders can be entered without notice to the Respondent (emergency nature), however, these orders should not exceed 20 days in duration Special conditions may also be ordered in this short-term emergency orders and should be specified in the order

ORDER GRANTING EMERGENCY PROTECTION

WRIT OF ASSISTANCE Writ of Assistance Written order issued by a court instructing a law enforcement official, such as a sheriff or public safety officer, to perform a certain task. All orders of protection should include a writ of assistance.

WRIT OF ASSISTANCE

ENFORCEMENT OF PROTECTION ORDERS Enforcement of Protection Orders All valid orders of protection are to be given full faith and credit under VAWA, 18 U.S.C. 2265. Full faith and credit is the recognition and enforcement of judicial proceedings and orders of one state by another. It is a REQUIREMENT created by the U.S. Constitution and the U.S. Code. ENFORCEMENT OF PROTECTION ORDERS

ENFORCEMENT OF PROTECTION ORDERS Enforcement of Protection Orders 18 U.S.C. 2265(a) states: Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory [1] as if it were the order of the enforcing State or tribe. ENFORCEMENT OF PROTECTION ORDERS

ENFORCEMENT OF PROTECTION ORDERS Enforcement of Protection Orders 18 U.S.C. 2265(b)Protection Order.—A protection order issued by a State, tribal, or territorial court is consistent with this subsection if— (1)such court has jurisdiction over the parties and matter under the law of such State, Indian tribe, or territory; and (2)reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State, tribal, or territorial law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights. ENFORCEMENT OF PROTECTION ORDERS

ENFORCEMENT OF PROTECTION ORDERS Enforcement of Protection Orders Under VAWA – enforcement of Tribal Court Protection Orders require: 1. Tribal Court has jurisdiction, and, 2. Due process protections were provided to all parties ENFORCEMENT OF PROTECTION ORDERS

Questions? Questions?