Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section TCT.02.18 — Temporary Restraining Orders And Injunctions

(a) Temporary Restraining Orders. A written complaint must be filed with the Trial Court before a temporary restraining order may be issued. A temporary restraining order may be granted only where:

(1) The applicant shows to the Trial Court clear and convincing evidence that immediate and irreparable injury, loss, or damage will result to the applicant if the temporary restraining order is not granted;

(2) The adverse party has been given notice that the applicant has applied to the court for a temporary restraining order. The notice requirement contained in this section can only be waived where the applicant or his/her advocate certifies in writing to the Trial Court that his/her efforts, if any, to provide the notice and the reasons supporting the claim that notice should not be required; and

(3) The applicant provides to the court a bond or other such security as the Trial Court deems proper to protect the interests of the adverse party and for payment of such costs and damages as may be incurred by any party found to have been wrongfully enjoined or restrained. No such security shall be required of the Stockbridge-Munsee Community or of any officer of the Stockbridge-Munsee government acting in his or her official capacity.

(b) Every injunction and/or temporary restraining order shall:

(1) set forth, in writing, the reasons for its issuance;

(2) be specific in its terms;

(3) describe with specificity the act or acts that are to be restrained;

(4) define the injury and state why it is irreparable;

(5) state the date and hour of its issuance;

(6) if granted without notice, state why it was granted without notice;

(7) expire at a definite time, not to exceed ten calendar days, unless extended for good cause shown, or by consent of the adverse party.

(c) On two days' notice to a party who obtained a temporary restraining order without notice, or on such shorter notice as the court may prescribe, the adverse party may appear and move that the order be dissolved or modified.

(d) Injunctions. The Trial Court may issue permanent injunctions ordering the defendant to perform or restrain from certain acts only after a hearing with notice to all parties affected, and upon a written complaint, filed with the court at least five calendar days prior to the hearing that states with specificity the act or acts sought to be restrained and the reasons that support the relief sought. The Trial Court shall only grant an injunction after considering the following factors:

(1) the significance of the threat of irreparable harm to plaintiff if the injunction is not granted;

(2) the balance between this harm and the injury that granting the injunction would inflict on the defendant; and

(3) the public interest.

(e) In granting the injunction, the Trial Court shall:

(1) set forth, in writing, the reasons for its issuance,

(2) be specific in its terms;

(3) describe, with specificity, the act or acts that are to be restrained;

(4) define the injury and state why it is irreparable; and

(5) state the date and hour of its issuance, and when it expires, if applicable.

(f) Restraining orders and injunctions for domestic abuse cases shall be issued under the Family law section of the Stockbridge-Munsee Tribal Laws.

(g) The Trial Court may issue a temporary restraining order or injunction to prohibit harassment.

(1) "Harassment" means any of the following:

(A) Striking, shoving, kicking, or otherwise subjecting another person to physical contact or physical harm, or attempting to do the same.

(B) Engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose.

(C) Engaging in a course of conduct that evidences a credible threat against another.

(h) Relationship to Other Laws. Nothing in this section is intended to effect or replace the enforcement mechanisms that may be available under Chapter SAF.02, Public Peace and Good Order Ordinance, or any other Tribal law.