Chapter 4.95 PROTECTION ORDER, HARASSMENT PROTECTION ORDER, SEXUAL ASSAULT PROTECTION ORDER

There shall exist a civil action known as a petition for an order of protection. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.010. Formerly 4.90.010.]

4.95.020 Venue.

A petition may be filed under CTC 4.95.010 through 4.95.160 in any of the following circumstances:

A. The petitioner resides or is domiciled in the Tribe’s jurisdiction.

B. The respondent resides or is domiciled in the Tribe’s jurisdiction.

C. The alleged act of domestic violence occurred in the Tribe’s jurisdiction.

D. A communication that allegedly constitutes domestic violence was either transmitted or received in the Tribe’s jurisdiction. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.020. Formerly 4.90.020.]

4.95.030 Effect of other proceedings pending.

A petition for an order of protection may be filed regardless of whether other court proceedings between the parties have been filed or criminal charges have been filed against the alleged abuser. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.030. Formerly 4.90.030.]

4.95.040 Who may file petition for order of protection.

A. Any one of the following may file a petition for an order of protection on behalf of a victim of domestic violence or stalking:

1. Any person who alleges that he or she has been the victim of domestic violence or stalking;

2. A family or household member on behalf of a victim under the age of 18 years;

3. A family or household member on behalf of a victim who is prevented from doing so by hospitalization, by physical or mental disability, or by fear;

4. Family Services on behalf of a victim;

5. The Tribal Prosecutor.

B. Family household members, including adults, may file a joint petition; provided, all adults included in the petition sign the petition.

C. Persons under the age of 18 must have a parent or guardian file the petition unless the parent or guardian is the alleged abuser or unless the youth is emancipated. If the parent or guardian is the alleged abuser, an adult relative or friend may file on behalf of the youth. If the youth is emancipated, the youth may file on his or her own behalf. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.040. Formerly 4.90.040.]

4.95.050 Contents of petition.

A petition for an order of protection shall include the following information:

A. The name and address where the petitioner would like to receive notices from the Court;

B. An allegation that domestic violence or stalking has taken place;

C. The names, ages, and Tribal status of all persons known to the petitioner to be in need of protection;

D. The name, age, Tribal status, and address of the alleged abuser, and his or her relationship to each victim;

E. A signed statement or separate affidavit filed with the petition stating in the petitioner’s own words the specific facts and circumstances of the alleged domestic violence, including whether the petitioner believes that he or she is in danger of further domestic violence;

F. A statement listing each known civil or criminal action or proceeding, past and present, involving both parties or the custodial or residential placement of a child of the parties; the court of record for each action or proceeding; and any identifying information which may enable the Court to access the court records regarding those proceedings. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.050. Formerly 4.90.050.]

4.95.060 Omission of petitioner’s address in petition.

A petitioner may omit his or her address from the petition and any other documents filed with the Court. If such information is omitted, and is determined by the Court to be needed to advance the proceedings, the Court may order that disclosure be made orally and in chambers, out of the presence of the respondent. If the Court orders disclosure, the information shall be kept under seal. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.060. Formerly 4.90.060.]

4.95.070 Filing fee.

A petition for an order of protection shall be filed with the Court Clerk. There shall be no fee for filing the petition. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.070. Formerly 4.90.070.]

4.95.080 Temporary order of protection.

A. When the Court finds probable cause to believe that there is a danger of domestic violence to the petitioner, based on an allegation that domestic violence has occurred or is about to occur, the Court may enter a temporary order of protection on an ex parte basis, without notice to the respondent, pending a full hearing.

B. A temporary order may be issued by telephone or fax. A telephone order shall be followed by a written order from the judge mailed or faxed within three working days from the date of the telephone order.

C. Following the entry of a temporary order of protection, the Court shall:

1. Set a date for a hearing on the petition for an order of protection in accordance with CTC 4.95.090.

2. Cause the order to be delivered to the Tribal Law Enforcement Department for enforcement purposes and for service upon the respondent.

3. Transmit a copy of the order to any additional appropriate law enforcement or other agency designated by the petitioner.

D. If a hearing is not held within the time required by CTC 4.95.090, the temporary order shall expire unless it is reissued by the Court for good cause. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.080. Formerly 4.90.080.]

4.95.090 Notice of hearing.

Upon receipt of a petition for an order of protection, the Court shall set a date for hearing to be held within 15 days or at the next scheduled Court date for civil cases, whichever is later. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.090. Formerly 4.90.090.]

4.95.100 Service of process.

A. A petition, notice of hearing, and temporary order of protection issued pursuant to CTC 4.95.080 and 4.95.090 shall be served on the respondent at least 72 hours before the hearing scheduled pursuant to CTC 4.95.090. If service has not been made within 72 hours of the hearing, the Court may set a new hearing date and reissue a temporary order of protection as appropriate.

B. Service may be made by Tribal law enforcement or by any officer of the Court by handing a copy to the respondent.

C. If after a diligent effort has been made to personally serve the respondent personal service cannot be made, the Court may order that the respondent be served by certified mail, return receipt requested. Such service is complete upon delivery of the mail.

D. If the certified mail is returned with a notation by postal authorities that the respondent refused to accept the mail, or that the mail was unclaimed, the Court may order that the respondent be served by mailing a copy by first class mail to the respondent at his or her last and best known address. Service by first class mail shall be complete three days after mailing. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.100. Formerly 4.90.100.]

4.95.110 Protection order.

Upon notice and after hearing, if the Court finds by a preponderance of the evidence that domestic violence has occurred or is likely to occur in the future, the Court may issue an order of protection containing provisions:

A. Prohibiting the respondent from committing or threatening to commit acts of domestic violence against the petitioner or the petitioner’s family or household members.

B. Prohibiting the respondent from contacting, harassing, annoying, telephoning, or otherwise communicating with the petitioner, the petitioner’s family or household members, directly or indirectly, through friends, relatives or co-workers.

C. Requiring the respondent to vacate, or stay away from, the petitioner’s residence, even if it is a shared residence or principally owned by the respondent.

D. Requiring the respondent to stay away from any well-defined geographic area, including, but not limited to, a residence, workplace, school or daycare of the petitioner or the petitioner’s family or household members.

E. Prohibiting the respondent from possessing or using any firearm or other weapon specified by the Court, and ordering the respondent to turn such weapon over to law enforcement for safekeeping. In exercising its discretion, the Court shall give due consideration to CTC 4.85.020(C).

F. Establishing possession of the parties’ residence and use of vehicles or other essential personal effects, regardless of ownership, and directing law enforcement to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the residence, vehicle, and other personal effects or to supervise the petitioner’s or respondent’s removal of personal belongings.

G. Prohibiting the destruction, liquidation or disposal of any and all joint assets or property and any and all specific assets and property of the petitioner.

H. Granting temporary custody of any minor children to the petitioner and/or establishing visitation rights. Any temporary custody order shall provide for child support and temporary support of the person having custody of the children in amounts deemed proper by the Court.

I. Ordering the respondent to timely pay any existing debts of the respondent including mortgage or rental payment necessary to maintain the petitioner in his/her residence.

J. Ordering the respondent to pay for the support of the petitioner and any minor children if the respondent is found to have a duty to support the petitioner or minor children.

K. Ordering the respondent to reimburse the petitioner for any expenses associated with the domestic violence incident, including, but not limited to, medical expenses, counseling, shelter, repair or replacement of damaged property, court costs and attorney fees.

L. Ordering the respondent to attend and successfully complete one or more programs, including but not limited to a domestic violence perpetrator program, anger management, mental health counseling, substance abuse treatment, and parenting classes, and to execute all forms and releases that are necessary for the Court to be kept apprised of the defendant’s compliance with the Court’s order.

M. Any other order the Court believes is reasonably necessary to protect and ensure the safety of the alleged victim or a family or household member. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.110. Formerly 4.90.110.]

4.95.120 Service of order of protection.

A. All orders of protection not received in Court shall be served by law enforcement on the respondent by delivering a copy personally to the respondent.

B. The Court Clerk shall have a copy of any order issued under CTC 4.95.010 through 4.95.160 forwarded on or before the next judicial day to law enforcement for service upon the respondent. Service of an order under CTC 4.95.010 through 4.95.160 shall take precedence over the service of other documents, unless they are of a similar emergency nature.

C. If law enforcement cannot complete service on the respondent within 10 days, the petitioner shall be notified. The petitioner shall provide information sufficient to permit notification if possible.

D. If the order entered by the Court recites that the respondent appeared in person before the Court, the necessity for further service is waived and proof of service of that order is not necessary.

E. Any person who serves an order of protection upon a respondent shall file an affidavit with the Court stating the date, time, place and manner of service, and any other facts necessary for the Court to determine if service has been made. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.120. Formerly 4.90.120.]

4.95.130 Duration of order/motion to renew.

A. An order of protection shall remain in effect for a period of two years unless it is terminated or modified by the Court prior to that time. The Court may make an order of protection for a longer period of time or may make a permanent order of protection if the Court determines that it is necessary for the protection of the victim and the victim’s family.

B. A petitioner may file a written motion to renew an order of protection at any time within three months prior to the expiration of the order. The motion shall be supported by a declaration stating why the movant believes the order should be renewed. The motion shall be served and a hearing scheduled and conducted according to the procedures set forth in CTC 4.95.010 through 4.95.160. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.130. Formerly 4.90.130.]

4.95.140 Input from Domestic Violence Task Force.

The Court may seek advice from Chehalis Tribe’s Domestic Violence Task Force regarding the provisions to include in an order of protection and the duration of the order. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.140. Formerly 4.90.140.]

4.95.150 Request to terminate or modify order by petitioner.

A request by a petitioner to terminate or modify an order of protection shall be subject to the same procedures as the original petition. A temporary modification may be made ex parte upon a showing of immediate danger to the petitioner or a member of the petitioner’s family or household. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.150. Formerly 4.90.150.]

4.95.160 Request to modify order by respondent.

A. A respondent may request a modification of an order of protection if the order:

1. Removes the respondent from a residence that he or she owns;

2. Requires the respondent to stay away from a specific residence, school, place of employment or other location;

3. Grants the petitioner possession and use of an automobile and other essential personal items, regardless of ownership;

4. Grants the petitioner temporary custody of a child or children;

5. Provides or denies the respondent visitation with his or her minor child or children; or

6. Requires the respondent to make payments to the petitioner, the Court or another party.

B. Upon receiving the respondent’s request, the Court shall set a hearing date as soon as practicable, but in no event later than 15 days after the next day on which Court is in session following the filing of petitioner’s request. Notice of the request for modification and the hearing date shall be served on the petitioner in accordance with CTC 4.95.100(B) through (D).

C. At the hearing, the Court shall consider whether any less restrictive alternatives may be appropriate under the circumstances. The Court may modify the order where the order works an unreasonable hardship upon the respondent; provided, that the safety of the victim and any family or household member remains the primary consideration. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.11.160. Formerly 4.90.160.]

4.95.170 Harassment.

A. Purpose. The Chehalis Tribe finds that the prevention of harassment is important to the health, safety and general welfare of the Tribal community. This chapter is intended to provide a person who is being harassed with a speedy and inexpensive method of obtaining civil harassment protection orders preventing all further unwanted contact between the harassed person and the perpetrator. [Res. 2018-83.]

4.95.180 Harassment protection order.

For the purpose of this chapter, “harassment protection order” means a court order restricting a person from harassing, threatening, contacting, or approaching another specified person for a period of time. [Res. 2018-83.]

4.95.190 Temporary harassment protection order.

For the purpose of this chapter, “temporary harassment protection order” means a court order restricting a person from harassing, threatening, contacting, or approaching another specified person no longer than 14 days. [Res. 2018-83.]

4.95.200 Petition for a harassment protection order.

A petition for a harassment protection order for cases of harassment. The requirements for obtaining such an order are as follows:

A. A petition to obtain a harassment protection order under this chapter may be filed by any person claiming to be the victim of harassment or made by a parent, guardian or ICW Social Worker if the child is a ward of the Court, on behalf of the child.

B. A petition for relief may be made regardless of whether or not there is a pending lawsuit, criminal complaint, petition, or other action between the parties. Petitioner and respondent shall disclose the existence of any other litigation or of any other restraining, protection, or no contact orders between the parties. [Res. 2018-83.]

4.95.210 Contents of a petition for a harassment protection order.

A. A petition for relief shall allege the existence of harassment and shall be accompanied by a statement made under penalty of perjury stating the specific facts and circumstances from which relief is sought.

B. Civil filing fees shall apply for filing of a petition under this section, unless the Court makes a finding upon due inquiry that the petitioner lacks the financial resources to pay filing fees.

C. No bond is required to obtain relief in any proceeding under this chapter.

D. The parent, guardian of a child under age 18, or ICW Social Worker if the child is a ward of the Court may petition for a harassment protection order to restrain a person age 18 years or over from contact with that child upon a showing that contact with the person to be restrained is detrimental to the welfare of the child. [Res. 2018-83.]

4.95.220 Ex parte harassment protection order.

A. Upon filing a petition for a harassment protection order, the petitioner may obtain an ex parte temporary harassment protection order with or without serving notice upon the respondent by filing a statement made under penalty of perjury which, to the satisfaction of the Court, shows evidence of harassment of the petitioner by the respondent, and that continued harassment may result if the temporary harassment protection order is not granted.

B. An ex parte temporary harassment protection order shall be effective for a fixed period not to exceed 14 days. A full hearing shall be set for not later than 14 days from the issuance of the temporary order. The respondent shall be personally served with a copy of the ex parte temporary harassment protection order along with a copy of the petition and notice of the date set for the hearing. If service is not possible, the Court may authorize service according to CTC Title 3. [Res. 2018-83.]

4.95.230 Permanent harassment protection order.

A. At the hearing held no later than 14 calendar days after the granting of the ex parte harassment protection order, a permanent order shall be issued prohibiting such harassment if the Court finds by a preponderance of the evidence that harassment exists or has occurred. Otherwise, the temporary harassment protection order shall expire on its own terms. If the respondent does not appear, the petitioner must demonstrate that he or she effected proper service, and a default judgment will be entered.

B. An order issued under this section shall be effective for not more than one year unless the Court finds that any future contact with petitioner would result in the harm from which the petitioner originally sought protection. If the Court so finds, the Court may enter an order to a fixed time exceeding one year.

C. In the event that a respondent fails to appear for a hearing and the petitioner cannot demonstrate service upon him or her, the Court may grant a second ex parte temporary harassment protection order to the same petitioner enjoining the same respondent and order alternate service according to CTC Title 3 or its successor code. If an officer investigates an alleged violation of an order issued pursuant to this chapter and service has not been effected prior to contact, the officer shall provide service as described herein and within the next day file proof of service with the Court.

D. At any time within three months prior to the expiration of the order, the petitioner may apply for a renewal of the order by filing a motion for renewal with the Court. The motion for renewal shall state the reasons why he or she seeks to renew the order. Upon receipt of the motion for renewal, the Court shall order a hearing which shall be held within 14 days from the date of motion. The Court shall grant the motion for renewal unless the respondent proves by preponderance of evidence that he will not resume harassment of the petitioner when the order expires. The Court may renew the harassment protection order for another fixed period.

E. The Court, in granting a harassment protection order, shall have broad discretion to grant such relief as the Court deems proper including but not limited to:

1. Restraining the respondent from making attempts to contact the petitioner and all persons listed in the petition.

2. Restraining the respondent from making any attempts to monitor the petitioner by actual or electronic surveillance.

3. Requiring the respondent to stay a specified minimum distance from the petitioner’s residence, workplace, and/or school. [Res. 2018-83.]

4.95.240 Notice to local law enforcement agencies – Enforceability.

A. A copy of a harassment protection order granted under this chapter shall be forwarded by the Clerk of the Court on or before the next judicial day to the appropriate law enforcement agency. Upon receipt of the order, law enforcement agency shall enter the order into the computer-based criminal intelligence information system currently in use by the Department to list outstanding warrants. The law enforcement agency shall expunge expired orders from the computer system. Entry into the information system constitutes notice of the existence of the order.

B. If an officer investigates an alleged violation of an order issued pursuant to this chapter and service has not been effected prior to contact, the officer shall provide service as described herein and within the next day file proof of service with the Court. Law enforcement shall update the criminal information system to reflect that service has been effected. [Res. 2018-83.]

4.95.250 Contempt and violation of harassment protection order – Penalties.

A. Knowing violation of any harassment protection order subjects the respondent to criminal penalties under this chapter.

B. Any respondent who is found guilty of violating the terms of the harassment protection order may also, subject to the Court’s discretion, be held in civil contempt of court, and the Court may impose such sanctions as it deems appropriate.

C. Violation of a harassment protection order is a Class B offense.

D. A second violation of a harassment protection order is a Class B enhanced offense.

E. Third or subsequent violation of a harassment protection order is a Class A offense. [Res. 2018-83.]

4.95.260 Sexual assault protection order.

A. Purpose. The Chehalis Tribe finds that there are times when a victim of a sexual assault or unwanted sexual contact is neither an intimate partner nor family member, thus does not qualify for the protections from these types of orders. Nevertheless, the victim deserves all the protections afforded within this chapter because the alleged sexual assault or unwanted sexual contact is such a heinous incident that goes to the heart of the health, safety and general welfare of the Chehalis Tribal Community; therefore, a protection order provided under this chapter is to protect those that have been sexually assaulted. [Res. 2018-83.]

4.95.270 Persons authorized to file.

A petition for a sexual assault protection order may be filed by a person:

A. Who does not qualify for a domestic or family violence or family violence protection order and who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration, including a single incident of nonconsensual sexual conduct or nonconsensual sexual penetration; or

B. On behalf of any of the following persons who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration and who does not qualify for a domestic or family violence or family violence protection order:

1. A minor child; or

2. A vulnerable adult as defined in CTC Title 5; or

3. Any other adult who, because of age, disability, health, or inaccessibility, cannot file the petition. [Res. 2018-83.]

4.95.280 Petition for sexual assault protection order.

A. A petition for relief shall allege the existence of nonconsensual sexual conduct or nonconsensual sexual penetration, and shall be accompanied by an affidavit made under oath stating the specific statements or actions made at the same time of the sexual assault or subsequently thereafter which give rise to a reasonable fear of future dangerous acts for which relief is sought. Petitioner and respondent shall disclose the existence of any other litigation or of any other restraining, protection, or no contact orders between the parties.

B. A petition for relief may be made regardless of whether or not there is a pending lawsuit, criminal complaint, petition, or other action between the parties.

C. If the petition states that disclosure of the petitioner’s address would risk abuse of the petitioner or any member of the petitioner’s family or household, that address may be omitted from all documents filed with the Court. If the petitioner has not disclosed an address under this subsection, the petitioner shall designate an alternative address, such as the Legacy of Healing office, at which the respondent may serve notice of any motions. [Res. 2018-83.]

4.95.290 Ex parte emergency sexual assault protection order.

A. An ex parte temporary sexual assault protection order shall be issued if the petitioner, to the satisfaction of the Court, shows evidence of:

1. The petitioner has been a victim of nonconsensual sexual conduct or nonconsensual sexual penetration by the respondent; and

2. There is good cause to grant the remedy, regardless of the lack of prior service of process or of notice upon the respondent, because the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner’s efforts to obtain judicial relief.

B. If the Court declines to issue an ex parte temporary sexual assault protection order, the Court shall state the particular reasons for the Court’s denial and set a hearing on the petition. The Court’s denial of a motion for an ex parte temporary protection order shall be filed with the Court.

C. A willful violation of a court order issued under this chapter is punishable under the laws for the Chehalis Tribe and will subject the perpetrator to arrest.

D. An ex parte temporary sexual assault protection order shall be effective for a fixed period not to exceed 14 days. A full hearing, as provided in this chapter, shall be set for not later than 14 days from the issuance of the temporary order. The respondent shall be personally served with a copy of the ex parte temporary sexual assault protection order along with a copy of the petition and notice of the date set for the hearing. If service is not possible, the Court may authorize service according to CTC Title 3 or its successor code.

Any ex parte temporary sexual assault protection order issued shall contain the date and time of issuance and the expiration date and shall be transmitted to the clerk of the court of the county in which the petitioner resides and to the local law enforcement agency within one judicial day after issuance.

E. Any ex parte temporary or final sexual assault protection order may be renewed one or more times, as necessary for victim safety. The petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before the order expires. If the motion for renewal is uncontested and the petitioner seeks no modification of the order, the order may be renewed on the basis of the petitioner’s motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested renewal. Renewals may be granted only in open court. [Res. 2018-83.]

4.95.300 Permanent sexual assault protection order.

A. Except as otherwise provided in this section, a final sexual assault protection order shall be effective for a fixed period of time for no less than two years, and may be longer within the Court’s discretion. The order may be renewed prior to its expiration.

B. Any sexual assault protection order which would expire on a Court holiday shall instead expire at the close of the next Court business day. [Res. 2018-83.]

4.95.310 Request for reconsideration or modification.

Upon motion with notice to all parties and after a hearing, the Court may modify the terms of an existing sexual assault protection order. In any situation where an order is terminated or modified before its expiration date, the Clerk of the Court shall, on or before the next judicial day, forward a true copy of the modified order or the termination order to the appropriate law enforcement agency specified in the modified or terminated order. Upon receipt of the order, the law enforcement agency shall promptly enter it in the computer-based criminal intelligence information system, or if the order is terminated, remove the order from the computer-based criminal intelligence information system. [Res. 2018-83.]

4.95.320 Sexual assault protection orders – Personal jurisdiction – Nonresident individuals.

A. In a proceeding in which a sexual assault protection order is sought under this chapter, the Chehalis Tribal Court may exercise personal jurisdiction over a nonresident individual if:

1. The individual is personally served with a petition; or

2. The individual submits to the jurisdiction of the Tribe by consent, entering a general appearance, or filing a responsive document having the effect of waiving any objection to consent to personal jurisdiction; or

3. The act or acts of the individual or the individual’s agent giving rise to the petition or enforcement of a sexual assault protection order occurred within the Tribe’s jurisdiction as defined by CTC Title 3 or within this chapter; or

4. The act or acts of the individual or the individual’s agent giving rise to the petition or enforcement of a sexual assault protection order that occurred outside the Tribe’s jurisdiction but are part of an ongoing pattern of sexual assaults or stalking that has an adverse effect on the petitioner, a member of the petitioner’s family or household and the petitioner resides within the exterior boundaries of the Chehalis Reservation or on Tribal Lands; or

5. There is any other basis consistent with laws of the Chehalis Tribe and/or the laws of the United States.

B. For jurisdiction to be exercised under subsections (A)(1) through (4) of this section, the individual must have communicated with the petitioner or a member of the petitioner’s family, directly or indirectly, or made known a threat to the safety of the petitioner or member of the petitioner’s family while the petitioner or family member resides within the exterior boundaries of the Tribe or on Tribal Lands.

For the purposes of subsections (A)(1) through (4) of this section, “communicated or made known” includes, but is not limited to, regular or electronic mail, telephone, or a posting on an electronic communication site, medium or social website.

Communication on any electronic medium that is generally available to any individual residing in the State shall be sufficient to exercise jurisdiction under subsection (A)(4) of this section if directed at a resident of the Chehalis Reservation and Tribal Lands. [Res. 2018-83.]

4.95.330 Penalties for violation of a sexual assault protection order.

Violation of a sexual assault protection order is a crime.

A. Violation of a sexual assault protection order is a Class B offense.

B. A third or subsequent violation of a sexual assault protection order is a Class A offense.

C. Consent is not a defense to a charge of violation of a sexual assault protection order. [Res. 2018-83.]