Dry Creek Rancheria Tribal Court

DRY CREEK RANCHERIA TRIBAL COURT

JUDICIAL CODE

EMERGENCY PROTECTIVE ORDER

-FOR ELDERS-

PETITIONER: ______

Case No. ______

vs.

RESPONDENT: ______

ELDER’S INFORMATION:

NAME: ______

ADDRESS: ______

CITY: ______STATE: ______ZIP: ______

PHONE: ______MESSAGE: ______

DATE OF BIRTH: ______ROLL NUMBER: ______

NOW on this _____ day of ______, 20______, this matter comes to be heard on the verified petition of the Plaintiff, pursuant to the Judicial Code Title 5 of the Dry Creek Rancheria Tribal Codes, wherein the Plaintiff seeks emergency relief during the pendency of the above action.

The Court, having examined the verified petition and being fully advised in the premises, finds that an emergency ex-parte order should be issued and so ordered.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED BY THE COURT as follows (see items checked):

______The Defendant is not to abuse, commit, or threaten to commit acts of violence against the victim, victim’s family and household members.

______The Defendant is not to contact, communicate, or attempt to communicate with the victim directly or indirectly.

______The Defendant is not to come near victim’s place of employment or other locations frequented by Petitioner.

______The Defendant is not to come within ______yards/feet of the victim.

______The Defendant is to leave the residence located at: ______

______on or before (date/time) ______

______Other: ______

______

The Court shall hold a hearing on the Petition for an Order for Protection within seven (7) days of the Petition’s filing date. The Court may extend the time for a hearing once for up to fourteen (14) days upon consent of the parties or upon finding that Respondent has not been timely served a notice of hearing.

IT IS FURTHER ORDERED, that the Plaintiff, having further requested temporary affirmative relief, that the same is hereby set for hearing at (time) ______AM/PM on the ______day of ______, 20______, at which time you may appear and show cause, if you have, why the Plaintiff should not be granted the relief requested. In the event that you fail to appear and object, the Court will, if sustained by evidence, grant the Plaintiff the following relief (see checked items):

______The Defendant is not to abuse, commit, or threaten to commit acts of violence against the victim, victim’s family and household members.

______The Defendant is not to contact, communicate, or attempt to communicate with the victim directly or indirectly.

______The Defendant is not to come near victim’s place of employment or other locations frequented by Petitioner.

______The Defendant is not to come within ______yards/feet of the victim.

______The Defendant is to leave the residence located at: ______

______on or before (date/time) ______

______Other: ______

______

______The Defendant is to pay attorney fees of the Plaintiff in the sum of $______, on or before______

______The Defendant is to pay the court costs of this action in the sum of $______, on or before______

This order will stay in effect until ______or rescinded by the Dry Creek Rancheria Tribal Court.

______

Dry Creek Rancheria Tribal Court Judge

Any protective order that is consistent with Section 7 and 8 of the Dry Creek Rancheria Criminal Code by the court of California or Dry Creek Rancheria shall be accorded full faith and credit by this Tribe and enforced.

Copies to:

 Plaintiff State/Local Law Enforcement Agency

 Defendant File

 Dry Creek Rancheria Tribal Police

DRY CREEK RANCHERIA FORM ELD-002-2013 (New 6/13) Page 1 of 3