8.05.020 Definitions.
(A) Rules of Construction Related to Definitions. The following rules apply when interpreting the meaning of terms under this chapter:
(1) Where a term is not defined, it must be given its ordinary meaning; and
(2) Any reference to the singular includes the plural.
(B) Defined Terms.
“Bullying” means unwanted aggressive behavior among school aged children that involves a real or perceived power imbalance. For purposes of bullying “school aged children” means any person who is under the age of eighteen (18) or is in their senior year of high school. Bullying includes:
(a) “Cyberbullying” which is bullying by the willful and repeated use of technology including cell phones, computers, and other electronic communication devices to harass, humiliate and/or threaten others. Cyberbullying occurs where the communication originates or where the harm occurs.
“Court” means the Karuk Tribal Court, unless otherwise stated.
“Domestic violence” includes any of the following but does not include acts of self-defense or acts taken to defend a minor child or persons unable to defend themselves by virtue of age or incapacitation:
(a) Physical Abuse. Any intentional infliction of physical harm on a family or household member, including the denial of needed medical care or forcing a family member to use alcohol or controlled substances; or improperly restricting or interfering with a family or household member’s freedom of movement, e.g., confinement;
(b) Psychological and/or Emotional Abuse. Any intentional use of force; coercion; threats; intimidation; humiliation; or confinement of a family or household member. The abuse can occur through acts, words, or gestures. Examples of psychological or emotional abuse include, but are not limited to, constant criticism; name calling, diminishing one’s abilities (e.g., taking away walking aids, etc.); threatening physical harm to a family or household member; threatening physical harm to one’s self; threatening physical harm to a family or household member’s children, family or friends; destruction of property; harming or threatening to harm pets; or forcing isolation from family, friends, pets, school, or work;
(c) Sexual Abuse. Attempting or causing a family or household member to engage involuntarily in sexual activity without their knowledge and legal consent and/or by force, coercion, threat, intimidation, humiliation, confinement, or administering drugs or alcohol to the family or household member;
(d) Nonconsensual Pornography. The nonconsensual distribution or publication of photos or video of the intimate body parts of a family or household member or videos of a family or household member engaged in any sexual activity;
(e) Economic Abuse. Making or attempting to make an individual financially dependent by maintaining control over joint financial resources, maintaining exclusive control over property and vehicles that are jointly owned with a spouse under the law; withholding access to money, and/or misusing/wasting a family or household member’s separate financial resources.
“Emergency protective order” means an order issued based on an immediate and present danger of domestic violence or violence. An emergency protection order is requested by a law enforcement officer and is valid for five (5) Karuk business days after it is granted.
“Ex parte” means before notice can be given to other party; i.e., before the respondent is served with the petition, or has had a chance to respond to the allegations in the petition.
“Family or household members” include:
(a) Persons who are current or former spouses;
(b) Persons who are dating or who have dated;
(c) Persons who are engaged in or who have engaged in a sexual relationship;
(d) Persons who are related (parent, child, brother, sister, grandmother, or grandfather) or currently related by marriage (in-laws);
(e) Persons who are living together as more than just roommates;
(f) Persons who have a child in common; and
(g) Minor children of a person in a relationship that is described in subsections (a) through (f) of this definition.
“Harassment” means a series of acts over any period of time directed at a specific person that would cause, or has caused, a reasonable person to be seriously alarmed or annoyed and that serves no legitimate purpose. This includes theft of another’s property, vandalism of another’s property, threats to harm another person and “cyber harassment” which is any harassing activity conducted over cell phones, computers, or other electronic communication and includes, but is not limited to, making public false allegations, impersonating the victim, posting the victim’s personal information online, and encouraging others to harass the victim. Cyber harassment occurs where the communication originates or where the harm occurs.
“Petitioner” means the person asking for a protective order because they are the alleged victim of domestic violence or violence, harassment, bullying, or stalking.
“Protected person” means any person who is protected by a protective order, whether that person personally filed or joined in the petition.
“Protective order” includes an injunction, restraining order, or other order issued for the purpose of preventing violent, abusive, or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including emergency, temporary, and orders after hearing issued by the Court.
“Respondent” means the person who has allegedly committed acts of domestic violence or violence, harassment, bullying, or stalking.
“Restraining order after hearing” is issued after the Court holds a hearing on the petition and finds that the petitioner has proven by preponderance of the evidence that a long-term restraining order is needed for protection. An order after hearing is valid for up to five (5) years after it is issued by the Court.
“Safety plan” means a written or oral outline of actions to be taken by a victim of domestic violence to secure protection and support after making an assessment of the dangerousness of the situation.
“Stalking” means a series of acts directed at a specific person that involves two (2) or more occurrences of visual or physical proximity; nonconsensual communication; verbal, written, or implied threats; or a combination thereof, that would cause a reasonable person fear. This includes any stalking activity conducted over cell phones, computers, or other electronic communication and includes, but is not limited to, gathering information about the victim and monitoring the victim’s activity.
“Temporary restraining order” means an ex parte order issued based on the contents of a petition. A temporary restraining order is valid against the respondent from the time it is personally served on the respondent until the end of the hearing on the petition.
“Tribal Court” or “Court” means the Karuk Tribal Court, unless otherwise stated.
“Tribe” means the Karuk Tribe, unless otherwise stated.
“Violence” means any intentional infliction of physical harm, including but not limited to unwanted sexual acts, on another person where the individuals are not family or household members. [Res. 20-R-091 Art. I(B), 7/2/2020.]