Title 10 DOMESTIC RELATIONS
Chapter 10.1 Domestic Relations
Part 10.1.1 Marriage, Divorce, Adoption, and Paternity
10.1.1.010 Marriage and Divorce
All marriages consummated according to State Law or Tribal custom or tradition before the effective date of this Code are declare valid and binding by the Pueblo of San Ildefonso, but hereafter, shall conform to the provision of this Code.
10.1.1.020 Jurisdiction
The Pueblo of San Ildefonso Tribal Court shall have jurisdiction over marriages and divorces of the members of the Pueblo of San Ildefonso.
(a) The Tribal Court shall have jurisdiction to hear and determine matters of divorce, separate maintenance, annulment, adoptions, determination of paternity and support, custody of minor children and change of name and to determine if full faith and credit will be given to judgments of court or other jurisdictions in these matters involving members of the Pueblo of San Ildefonso, except that a divorce obtained in another jurisdiction shall be of no force or effect in this Pueblo if both parties to the marriage were domiciled in this Pueblo at the time the proceeding for divorce was commenced.
10.1.1.030 Marriages
A valid marriage here under shall be constituted by:
(a) The issuance of a marriage license by the Pueblo of San Ildefonso Tribal Court or the State of New Mexico and by execution of a written contract by both parties to the marriage and recorded with the Clerk of the Court.
(b) The solemnization of the marriage by Pueblo tradition and custom, by a Judge within the territorial jurisdiction of the Pueblo of San Ildefonso or by a recognized clergymen or by public official authorized to do so by the laws of any State is optional.
(c) Pueblo custom marriages consummated after the effective date of this Code shall be recognized as legal and binding if they are duly recorded within the records of the Trial Court by signing of a Marriage Register maintained by the Clerk of the Court. A license must be obtained and each party must sign such Register within five (5) days of the Pueblo custom marriage ceremony.
10.1.1.040 Marriage License
A marriage license shall be issued by the Clerk of the Court in the absence of any showing that the proposed marriage would be invalid under any provision of this Code or Pueblo custom and tradition and:
(a) Upon written application of an unmarried male and unmarried female, both of whom must be eighteen (18) years or older. If either party to the marriage is under the age of eighteen (18), then that party must have the written consent of the Parent or legal guardian.
(b) Upon filing with the Clerk of the Court of a certificate of physician that the parties are free of any venereal disease.
10.1.1.050 Solemnization
In the event a judge, clergyman, tribal official or anyone authorized to do so solemnizes a marriage, he shall file with the Clerk of the court a certification thereof within thirty (30) days of the solemnization. The validity of any marriage under this Code is not affected by the absence of a ceremony.
10.1.1.060 Invalid of Prohibited Marriages
Marriages which are prohibited or invalid under this Code are:
(a) Where either party is lawfully married to another living spouse unless the former marriage has been legally annulled or dissolved.
(b) Between ancestors and descendants of every degree, between a stepfather and stepdaughter or between stepmother and stepson, between brothers and sisters, aunts and nephews, uncles and nieces, and between first cousins, whether the relationship is of the half or whole blood and, legitimate or illegitimate.
(c) When marriages are prohibited by custom and traditions of the Pueblo,
(d) All such marriage listed in this Section are invalid for the purpose of this Code.
10.1.1.070 Grounds for Annulment or Voidable Marriage
A marriage may be voided or annulled by the Tribal Court for any one of the following reasons upon the application of one of the parties:
(a) When either party to the marriage shall be incapable of consenting thereto.
(b) When the consent was obtained by force or fraud.
(c) When either party was at the time of the marriage incapable of consummating the marriage and the incapacity is continuing.
(d) When the marriage was invalid on one of the grounds set forth in Section 23.6.
(e) If, after correction of any of the foregoing defects, the parties shall continue to live together as husband and wife, the marriage shall not subsequently be subject to annulment because of such defect.
(f) Procedure for annulment must be instituted by petition of the party laboring under the disability or upon whom the force or fraud is imposed in a civil action.
10.1.1.080 Effects of Annulment of Voidable Marriage
The legitimacy of children and their entitlement to enrollment conceived or born prior to a judgment of annulment shall not be affected by the judgment. The judgment shall be conclusive only as against the parties of the action and those claiming under them.
10.1.1.090 Divorce
A marriage may be dissolved by divorce in the San Ildefonso Tribal Court for incompatibility of the parties for whatever reason; when either party is a resident within the jurisdiction of the Pueblo of San Ildefonso for six (6) months. The Rules of Civil Procedure as set forth in this code shall be followed, except the trial will be conducted by the Court only. The Court may require a waiting period of sixty (60) days before making any divorce final.
10.1.1.100 Actions of the court Pending Divorce or Annulment
The San Ildefonso Trial Court any order:
(a) The husband or wife to provide for the separate maintenance of his or her spouse and children as the Court may deem just upon application therefore or in the disposition of a divorce proceeding.
(b) The care, custody and maintenance of the minor children of the marriage during the pendency of the proceedings.
(c) Any reasonably temporary property settlement for the use of real and personal properties, as between the parties, and the recovery and delivery to each of the parties of any of their personal property in possession of control of the other, for good and adequate reasons, and the use of any and all property, whether real or personal, and the payment of debts, all on a temporary basis until final adjudication by the Court.
(d) To restore the maiden name of the wife, if requested.
Part 10.1.2 Adoptions
10.1.2.010 Adoption
The Pueblo of San Ildefonso Tribal Court shall have jurisdiction to hear, pass upon, and approve petitions for family adoption of or by members of the Pueblo following Pueblo custom and tradition or any ordinance adopted by the Council of the Pueblo of San Ildefonso governing adoptions pursuant to the Act of Nov. 8, 1978 (PL 95-608); 92 Stat. 3069).
(a) Adoption proceedings shall be instituted by filing of a petition with the Court which shall conduct the proceedings in accordance with the Civil Rules of Procedure of this Code and the Rules of the Count, and Rules and Regulations of the Secretary of the Interior.
(b) Any minor Indian child under the age of eighteen (18) years may be adopted by an Indian person, if the adoption is approved by the Court or by a non-Indian person is the adoption is approved by the Court and Governor and the Tribal Council.
(c) Any surviving natural parents must consent in writing to the adoption or the Tribal Court must consent if it has legally terminated parental rights or it there is no surviving parents.
(d) The person or persons seeking to adopt the child shall appear before the Court and be examined and the Court may require a report to be rendered by the Social Worker of the Bureau of Indian Affairs, the Social Service Agency of a state or other person designated by the Court to make such a report, on the qualifications of the adoptive person or persons, and provide any other information for or against the proposed adoption stating the reasons therefor.
(e) If the child is of the age of twelve (12) or over, the child must also appear before the court and consent in writing to such adoption.
(f) After the Court has heard all the facts on such adoption proceedings and believes that it is to the best interests of the child to be adopted, it shall enter an order accordingly which shall be kept in the records of the Pueblo of San Ildefonso, the Bureau of Indian Affairs, and the Bureau of Vital Statistics of the State of New Mexico.
(g) The Court however may issue a temporary order giving the care and custody of the child to the perspective adaptive parents or any other suitable person or persons for a period of not more than twelve (12) months in order that the potential adoptive family situation may be observed before the Court makes its final ruling.
(h) After a final order is issued in an adoption proceeding by the Tribal Court, the adoptive parents shall succeed to all rights and responsibilities of the natural parents whose rights shall thereafter be terminated forever and, thereafter, neither the adopted child nor his natural parent may inherit from each other, with the exception of any trust property that passes by blood descent.
(i) Adoption of any minor child who is a member of the Pueblo of San Ildefonso shall not affect the child's status as a member.
(j) The proceedings in all adoption cases shall be confidential and held in closed Court. All records and files except final judgment of adoption shall be kept confidential by the Clerk of the Court and may be inspected only upon order of the Courts.
(k) An adult person may be adopted by any other adult person with the consent of the person to be adopted or his guardian. After a hearing and after such investigation as the Court deems advisable if the Court finds that it is to the best interests of the persons involved, a decree of adoption may be entered.
Part 10.1.3 Paternity and Support
10.1.3.010 Determination of Paternity and Support
(a) The San Ildefonso Tribal Court shall have jurisdiction of all suits brought to determine the paternity of a child and to obtain a judgment for the support of the child.
(b) All proceedings in this Section shall be in accordance with the Civil Rules of Procedure of this Code and the Rules of the Court.
(c) A judgment of the Court establishing the identity of the father of the child shall be conclusive of that fact in all subsequent determinations of inheritance and in criteria for enrollment with the Pueblo of San Ildefonso.
Part 10.1.4 Guardianship
10.1.4.010 Appointment of Guardians
(a) The Court shall have the jurisdiction to appoint and remove legal guardians for minors and for persons who are incapable of managing their own affairs.
(b) All proceedings in this Section shall be in accordance with the Civil Rules of Procedure of this Code and the Rules of the Court.
(c) The Court may appoint guardians over the property or over the person, or both, of a minor or for persons determined by the Court to be incapable or managing their own affairs. Appointment of any non-Indian as guardian by the Court must be approved by the Governor and Tribal Council.
(d) The Court may require a report from the Social Worker of the Bureau of Indian Affairs or the State of New Mexico or other person designated by the Court to make a report on the parties involved and such other information as the Court may order.
(e) Any guardian appointed under this Section shall advise the Court by written report at least once a year or upon request of the Court on all actions of the guardian on behalf of the ward or the ward's estate.
(f) No guardian may dispose of any of the war's property without the approval of the Court in advance.
(g) Any guardianship over the person of a minor shall automatically terminate when the ward becomes the age of eighteen (18) years.
(h) Any guardianship over the property of a minor shall terminate upon application of the guardian or minor for termination of the guardianship to the Court and the approval of the Court.
(i) A special guardian may be appointed for the special purpose of signing deeds, contracts or other documents on behalf of a minor or a personwho is incapable of managing his own affairs. The document to be valid must be approved by the Court and also approved by the Secretary of the Interior or his designated representative if it involves trust or restricted property or funds.
Part 10.1.5 Miscellaneous
10.1.5.010 Change of Name
The San Ildefonso Tribal Court shall have the authority to change the name of any person upon petition of such person or upon the petition of the parents of any minor. Any order issued by the Court for change of name shall be kept as a permanent record and copies shall be filed with the pueblo of San Ildefonso, Bureau of Indian Affairs, and Bureau of Vital Statistics of the State of New Mexico or state or residence of the applicant.
10.1.5.020 Protective Custody
Any adult person may be placed under protective custody in detention for his own protection or the protection of others by a Law Enforcement Officer for seventy-two (72) hours. Detention for any longer period shall be represented by lay counsel or by a professional attorney.
Part 10.1.6 Domestic Violence Prevention Act
10.1.6.010 Short Title
This enactment shall be known as the "DOMESTIC VIOLENCE PREVENTION ACT."
10.1.6.020 Purpose
The purpose of this Act is to establish strong legal protections for victims of Domestic Violence.
10.1.6.030 Findings
The Council hereby finds and declares that:
(a) The safety and security of citizens of the Pueblo is a paramount concern for the Council; and
(b) Domestic Violence is a particularly difficult issue to address due to the intimate relationships that often exist between parties involved in these situations; and
(c) The Council has identified the need to enact a law to establish strong legal protections for victims of domestic violence.
10.1.6.040 Jurisdiction
The Courts of the Pueblo shall have the authority to exercise criminal jurisdiction over any act of Domestic Violence that occurs within the exterior boundaries of the Pueblo and that involves an Indian. The Courts of the Pueblo shall have the authority to exercise civil jurisdiction over any act of Domestic Violence that occurs within the exterior boundaries of the Pueblo and that involves any person.
10.1.6.050 Definitions
(a) "Act of Domestic Violence" means physical harm, bodily injury, or assault; or the infliction of fear that physical harm, bodily injury, or assault could occur momentarily; or terroristic threats; or, criminal sexual conduct.
(b) "Domestic Violence" means acts of violence committed by a current or former spouse or current or former partner of the victim, by a person with whom the victim shares a child in common, by a person or partner who is cohabiting with or has cohabited with the victim as a spouse or partner, or by a person similarly situated to a spouse or partner of the victim, by persons involved in a significant romantic or sexual relationship, or by a person related to the victim by blood.
(c) "Order of Protection" means a Trial Court order that requires one person to stop harming another and is intended to protect the individual from physical, mental and emotional harm by domestic violence.
10.1.6.060 Procedure for Obtaining an Order of Protection
(a) No fees shall be charged either when a Petition for an Order of Protection is filed with the Trial Court, or when comity or full faith and credit is requested for any Order of Protection issued by another court of competent jurisdiction.
(b) The written petition shall include the allegations, a police report if available, and the name, address, and phone number of the respondent, i.e., the person against whom the Order of Protection is sought.
(c) After a petition is filed, the petitioner's address shall be kept confidential by the Trial Court, except for the purpose of notifying the petitioner of further court actions for law enforcement purposes.
(d) Upon receipt of a written petition for an Order of Protection, or for comity or full faith credit of another court's order, the Trial Court shall either promptly schedule an emergency ex parte hearing, if the respondent is not available, or a hearing with all parties present.
10.1.6.070 Hearings; Ex Parte Order; Mutual Orders of Protection
(a) If an ex parte Order of Protection is granted, the Trial Court shall include in the Order either a date for a full hearing with all parties present or the opportunity for the respondent to be heard at a hearing with all parties present. If a full hearing is not scheduled by the Trial Court, the Trial Court shall schedule a full hearing after the respondent contacts the Trial Court, in writing, of the desire for a full hearing. The Trial Court shall promptly schedule a hearing on the ex parte Order of Protection.
(b) All Orders of Protection shall include the precise conditions that the respondent must follow. The duration of the Order of Protection shall be determined solely by the Judge.
(c) Mutual Orders of Protection and/or any provisions for restraining both parties shall only be issued if there are facts cited in the order that indicate that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. Both parties must file a petition seeking an Order of Protection and/or any provisions for restraint before an Order of Protection is issued.
10.1.6.080 Penalties
(a) Civil Penalties for Not Following an Order of Protection. Any person not following the provisions of an Order of Protection shall be subject to a civil charge of violation of an Order of Protection, and fines may be levied up to five thousand dollars ($5,000), restitution to the petitioner may be ordered, and/or the person may be excluded from the Pueblo.
(b) Criminal Penalties for Not Following an Order of Protection. Any Indian not following the provisions of an Order of Protection shall be subject to a criminal charge of violation of an Order of Protection. Upon conviction, the violator may be imprisoned for not more than one year, fined up to five thousand dollars ($5,000), and/or ordered to pay restitution to the petitioner.
(c) Any person who commits an Act of Domestic Violence shall be guilty of Domestic Violence and upon conviction thereof, may be sentenced to confinement for a period not to exceed one (1) year or pay of fine of up to $5,000 or both with costs.
10.1.6.090 Procedures for Criminal Prosecution of an Act of Domestic Violence
(a) Arrest. Upon a finding of probable cause that an Act of Domestic Violence has been committed, the B.I.A. Police or a duly authorized official of the Pueblo shall arrest the alleged violator.
(b) Criminal Complaint. Upon the filing of a criminal complaint with the Trial Court, the Judge may issue any necessary restraining Order of Protection as the Judge deems advisable to protect the alleged victim.
(c) Criminal Procedure. The Trial Court shall follow the criminal procedure contained in the Code for the arraignment and advisement of rights of any alleged violator of the Domestic Violence Act.
Part 10.1.7 Elder Abuse Prevention Act
10.1.7.010 DEFINITIONS
As used in this Elder Abuse Prevention Act ("Act"), unless the context clearly indicates otherwise:
A. "Abuse" shall mean a breach of fiduciary responsibility or the willful infliction of physical injury or pain, assault, sexual abuse, mental anguish, unreasonable confinement, intimidation, fear of bodily harm, financial exploitation, the willful deprivation by a Caretaker of the basic necessities of life including but not limited to food, shelter, clothing, and medical and personal care which are necessary to avoid physical harm, mental anguish, or mental illness, or any other type of maltreatment. However, no Elder shall be deemed to be abused for the sole reason the Elder is being furnished non-medical remedial treatment by spiritual means through prayer alone in accordance with a recognized religious method of healing in lieu of medical treatment;
B. "Adult Care Services Worker" shall mean any employee in the Department of Social Services or other persons designated by the Governor to serve in such capacity including but not limited to a Social Services Worker employed by the U.S. Bureau of Indian Affairs;
C. "Advocate for the Elder" shall mean any person appointed by the Court to act in such capacity, or alternatively, any person appointed to act in such capacity by the Governor and such appointment is communicated to the Court;
D. "Caretaker" means an adult individual who has assumed responsibility for the care of an Elder, either voluntarily, by contract, receipt of payment for care as a result of a family relationship, or by an order of a Court of the Pueblo;
E. "Department of Social Services" shall mean any department of the Pueblo, or other entity designated by the Governor to serve as a department, to receive reports on Elder Abuse or otherwise work with the Elderly. If the Governor does not designate a department, the Governor's office shall serve as the Department of Social Services;
F. "Elder" or "Elderly" shall mean any person who has attained the age of fifty-five (55) years;
G. "Exploitation" shall mean the act or process of using an Elder or an Elder's resources for another person's profit, advantage, gain, or for monetary or personal benefit without legal entitlement to do so including breach of fiduciary responsibility;
H. "Fiduciary Responsibility" shall mean the duty owed to an Elder to use the Elder's monetary funds and assets for the best interest of the Elder. A fiduciary responsibility shall apply to any individual or other legal entity that obtains possession or control of the assets of an Elder;
I. "Mental Anguish" shall mean to subject an Elder to fear, agitation, confusion, severe depression, or other forms of serious emotional distress, through abuse or threats, harassment, or other forms of intimidating behavior;
J. "Officer" shall mean any law enforcement personnel as authorized by the Pueblo, including an Officer from another Pueblo, the State, or Federal government;
K. "Order of Protection" shall mean an order issued by a Court of the Pueblo, or a court order issued by another court and domesticated by a Court of the Pueblo, that is issued for the temporary protection, security, and care of an Elder.
L. "Physical Injury" shall mean bodily pain, harm, impairment, or disease;
M. "Prosecutor" shall mean a person so designated by the Governor to prosecute individuals who violate Pueblo laws. The Governor may designate a Prosecutor by executive order, employment, or contract. If the Governor has not designated a Prosecutor, then an Adult Care Services Worker may act as the Prosecutor for purposes of this Act.
10.1.7.020 ELDER ABUSE AND EXPLOITATION
It shall be illegal for any person to Abuse an Elder or commit Exploitation of an Elder within the jurisdiction of the Pueblo.
10.1.7.030 ARRESTS – MANDATORY AND DISCRETIONARY
A. Abuse or Assault. An Officer shall arrest and take into custody any person, or shall detain a non-Indian, whom the Officer has Probable Cause to believe has committed Abuse or assault of an Elder with whom he/she is currently residing or has formerly resided. A warrant shall not be required to make an arrest or to detain a person under this section. "Probable Cause" for purposes of this Section 2 shall be defined as follows: Based on the officer's observations and statements made by the parties involved and witnesses (if any), the Officer believes abuse or an Assault did occur and the person to be arrested committed the Assault. This mandatory provision means that the victim need not sign a complaint for a person to be arrested or detained, and that, upon finding Probable Cause, an Officer shall arrest or detain the person even though it may be against the expressed wishes of the victim.
B. Violation of an Order of Protection. An Officer shall arrest and take into custody any person, or shall detain a non-Indian, whom the Officer has Probable Cause to believe has violated an Order of Protection restraining the person or excluding the person from the residence or other location if the existence of the Order can be verified by the Officer regardless of whether the person violating the Order was invited back into the residence or other location. The restrained or excluded person shall not return to residence or other location even if the protected party makes or has made an invitation to return unless and until the Court has officially vacated or modified the Order of Protection accordingly. Every Order of Protection issued by the Court shall inform the restrained or excluded person that the Court must formally vacate or modify the Order to allow such person to return even if the protected party who obtained the Order of Protection makes or has made an invitation for the excluded or restrained person to return.
C. Threats with a Weapon. Upon a finding of Probable Cause, an Officer shall arrest a person or detain a non-Indian who has threatened an Elder with a weapon.
D. Fear of Bodily Harm. An Officer may arrest any person or detain a non-Indian if the Officer has a Probable Cause to believe that the person has within the past twenty-four hours placed an Elder in immediate fear of bodily harm.
E. Exploitation. An Officer may arrest a person if an Officer has a Probable Cause to believe that the person has committed Exploitation against an Elder.
F. Reporting. Whenever an Officer investigates an allegation of an incident described in (A), (B), (C), (D), or (E) above, whether or not an arrest is made, the Officer shall make a written report of the alleged incident and submit that report to the Prosecutor. The Prosecutor shall forward copies of all written reports to the Adult Care Services Worker in the Department of Social Services within forty-eight (48) hours of receipt of reports of Elder Abuse or Exploitation.
G. Following an arrest or detention pursuant to this Section 3, the provisions of Section 4.a. of this Act shall apply.
10.1.7.040 ROLE OF THE COURT IN REGARD TO MANDATORY ARRESTS AND EXCLUSIONS
A. Anyone arrested under this Act shall be held without bond until arraignment except for non-Indians. If the Defendant is a non-Indian, then the Court shall issue a temporary order of exclusion from the Pueblo pending a final disposition of the matter; provided, that after the Defendant is afforded notice, a hearing, and an opportunity to present witnesses and other evidence in his or her defense, if the Court finds that the Defendant has violated this Act, then the Court shall issue a mandatory order of exclusion from the Pueblo for a term of no less than five years or for a longer term as determined by the Court.
B. When the Defendant is arraigned, if the Defendant enters a plea other than guilty, an advocate for the Elder may assist the Elder with the preparation of a request for an Order of Protection to temporarily exclude the Defendant from the home and/or other locations and restraining the Defendant from any contact with the Elder. If the Defendant pleads guilty, the Court shall order a pre-sentence investigation to be completed, and the Elder may, either personally, through an attorney, or through the Adult Care Services Worker, communicate his/her concerns to the Court.
10.1.7.050 PENALTIES AND SENTENCING
A. Sentences for a violation of this Act shall be determined by the Court and may be up to a maximum of one year incarceration and/or a fine up to five thousand dollars ($5,000), or participation in an appropriate treatment program in lieu of incarceration in whole or in part, in addition to any restitution and court costs.
B. The civil penalty for a non-Indian who violates this Act shall be exclusion from the Pueblo; provided, that the Court may also order restitution and court costs. A non-Indian who has been found to have violated of this Act, or who refuses to submit to the jurisdiction of the Pueblo to determine if a violation of this Act has occurred, shall be excluded from the Pueblo for up to a term of no less than five years or for a longer term as determined by the Court, notwithstanding any other law to the contrary including any other law regarding exclusion.
C. If the Defendant's use of alcohol or drugs contributed to the Abuse, a chemical
dependency evaluation may be ordered by the Court, and the Judge may use the results of the evaluation when considering an appropriate treatment program and/or punishment.
D. Upon conviction of a violation of this Act, the Court shall order the Defendant to participate in an appropriate treatment program; provided, a Defendant's failure or refusal to comply with the court-ordered treatment program may result in incarceration as determined by the Court in accordance with this Act.
E. Upon any second or subsequent offense of violating this Act or an Order of Protection, the Court shall order a minimum term of incarceration up to a maximum of one year.
10.1.7.060 ORDER OF PROTECTION
Any person may request the Court to issue an Order of Protection if the person reasonably believes that Elder Abuse or Exploitation has occurred.
A. A petition for relief under this section may be made by any person on behalf of himself/herself or on behalf of an Elder;
B. A petition for relief shall allege the existence of Elder Abuse and/or Exploitation and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought;
C. A petition for relief may be made regardless of whether or not there is a pending lawsuit, complaint, petition, or other action between the parties;
D. An Adult Care Services Worker may provide clerical assistance to the Elder with the preparation and filing of a petition for relief under this section; provided, that the Adult Care Services Worker shall inform the Elder or the person designated as the Caretaker of the Elder by the Court of the need to consult with an attorney to determine the Elder's legal rights.
10.1.7.070 HEARING ON APPLICATION; NOTICE
A. Upon receipt of the petition seeking an Order of Protection, the Court may find immediate and present danger of Elder Abuse and/or Exploitation, in which case the Court shall issue an emergency Order of Protection. Such emergency Order of Protection shall set a hearing within fourteen (14) days to determine if the Order shall continue. The Prosecutor shall make personal service upon the Defendant not less than five (5) days prior to the hearing. In the event that personal service cannot be completed in time to give the Defendant the minimum notice required under this section, then the court may set a new hearing date as soon as possible.
B. Notwithstanding the provisions of Section 7(A) above, service may be made by publication for at least one week prior to the date of the hearing; provided, that the petitioner files with the Court an affidavit stating that an attempt at personal service made by a law enforcement official was unsuccessful and that a copy of the petition and notice of hearing has been mailed to the Defendant's residence or that the residence of the Defendant is not known. The Court shall set a new hearing date if necessary to allow the Defendant the five-day minimum notice required under paragraph (A) above.
C. Any relief granted in an emergency Order of Protection shall not exceed thirty days, and any relief granted in a final Order of Protection, after a hearing, shall be for a fixed period of time not to exceed one year, except when the Court determines a longer fixed period is appropriate.
10.1.7.080 OTHER RELIEF BY THE COURT
Upon a hearing conducted by the Court and in addition to any other penalties provided under this Act, the Court may provide relief as follows:
A. Restrain the Defendant from committing acts of Elder Abuse.
B. Exclude the Defendant from the dwelling which the parties share or from the residence of the Elder.
C. Award temporary use and possession of an Elder's property to a Caretaker and to restrain any other party from transferring, encumbering, concealing, or disposing of such property except in the usual course of business or for the necessities of life, and to order an accounting for all such transfers, encumbrances, dispositions, and expenditures.
D. Order, at its discretion, other relief as it deems necessary for the protection of an Elder including ordering or directing an Officer or other official to take certain actions.
