10.05.410 Temporary support – Temporary restraining order preliminary injunction – Support debts, notice.
(A) If the Tribal Court has made a finding as to the paternity of a child, or if a party’s acknowledgement of paternity has been filed with the Tribal Court, or a party alleges he is the father of the child, any party may move for temporary support for the child prior to the date of entry of the final order. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(B) Any party may request the Tribal Court to issue a temporary restraining order or preliminary injunction providing relief proper in the circumstances, and restraining or enjoining any party from:
(1) Disturbing the peace of another party;
(2) Entering the home of another party; or
(3) Removing a child from the jurisdiction of the Tribal Court.
(C) 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 affidavit or other evidence that irreparable injury could result if an order is not issued until the time for responding has elapsed.
(D) Pursuant to Article V of Chapter 8.05 KTC, the Tribal Court may issue a temporary restraining order or preliminary injunction and an order for temporary support in such amounts and on such terms as are just and proper in the circumstances.
(E) A temporary order, temporary restraining order, or preliminary injunction:
(1) Does not prejudice the rights of a party or any child that are to be adjudicated at subsequent hearings in the proceeding;
(2) May be revoked or modified;
(3) Terminates when the final order is entered or when the petition is dismissed; and
(4) May be entered in a proceeding for the modification of an existing order. [Res. 22-R-198 Att. A, 11/17/2022; Res. 09-R-062 Title 2 § (6)(J), 4/30/2009.]