Conunittee: Rules Sponsor: C. Cowan
Date: 9-16-05 Committee Date: 9-29-05 Author: C. Leston/K. Tibbits
An Act
Legislative Act 33-05
ACT RELATING TO
PROVIDING PROVISIONS FOR CIVIL PROTECTIVE ORDERS; AND AMENDING
TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the "Civil Protective Order Act" and codified as Title 12, Chapter 5 of the Cherokee Nation Code Annotated.
Section 2. Purpose
Civil Protective Orders are desirable as a method of precluding future instances of interpersonal violence against specific victims. The purpose of this chapter is to provide an expansive procedure for swift, early intervention which integrates the convenience of civil procedures with the unique needs of family and household domestic partners, children and elders. It is an elective and alternative remedy to criminal protective orders, at the discretion of the petitioner.
Section 3. Legislative History
None.
Section 4. Substantive Provisions of Law
Title 12 Civil Procedure of the Cherokee Nation Code Annotated is hereby amended to include a new Chapter 5. Civil Protective Orders which shall read as follows:
TITLE 12 CIVIL PROCEDURE
CHAPTER 5. CIVIL PROTECTIVE ORDERS
SECTION 5-1.1 SHORT TITLE
This act shall be known and may be cited as the "Civil Protective Order Act"
SECTION 5-1.2 DEFINITIONS
(reserved)
SECTION 5-1.3 JURISDICTION FOR CIVIL PROTECTIVE ORDERS A. Exclusive Jurisdiction
The Cherokee Nation Tribal Court shall exercise exclusive jurisdiction:
Upon any restricted individual Indian
allotment within the Cherokee Nation Tribal Jurisdiction Service Area.
2. Under any other established theory of exclusive jurisdiction. B. Concurrent Jurisdiction
The Cherokee Nation Tribal Court may exercise concurrent jurisdiction:
I. When the Respondent is a citizen or member of a Federally-recognized tribe and is domiciled or found within the exterior ...
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