10.05.150 Temporary order or preliminary injunction – Effect.
(A) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity or parenting and support hearing, either party may move for temporary maintenance or support of a child, or a parenting plan. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the relief requested. As a part of a motion for temporary spousal maintenance or child support or by independent motion accompanied by affidavit, either party may request that the Tribal Court issue a preliminary order for any of the following relief:
(1) Restraining any person from transferring, encumbering, concealing or otherwise disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained, requiring him to notify the moving party of any proposed extraordinary expenditures made after the order is issued;
(2) Prohibiting a party from assault or disturbing the peace of the other party or of any child;
(3) Excluding a party from the family home or from the home of the other party upon a showing that physical or emotional harm may otherwise result;
(4) Prohibiting a party from removing a child from the jurisdiction of the Tribal Court; and
(5) Providing other injunctive relief proper under the circumstances.
(B) Pursuant to Article V of Chapter 8.05 KTC, the Tribal Court may issue a temporary restraining order without requiring notice to the other party only if it finds on the basis of the moving party’s affidavit or other evidence that irreparable injury will result to the moving party if no order is issued until the time for responding has elapsed. No bond shall be required unless the Tribal Court deems it appropriate.
(C) On the basis of the showing made, and in conformity with the computation factors for maintenance and support under this chapter, the Tribal Court may issue a preliminary injunction and issue an order for temporary maintenance or support in amounts and on terms just and proper under the circumstances. A temporary order or preliminary injunction:
(1) Does not prejudice the rights of the parties or any child that are to be adjudicated at the subsequent hearings in the proceedings;
(2) May be revoked or modified, before a final decree is issued, on a showing by affidavits of the facts necessary for revocation or modification of a final decree; or
(3) Terminates when the final decree is entered or when the petition for dissolution of marriage, legal separation, or declaration of invalidity is dismissed. [Res. 22-R-198 Att. A, 11/17/2022; Res. 09-R-062 Title 2 § (4)(B), 4/30/2009.]