(b) If the Court finds that a marriage contracted in a jurisdiction other than this Tribe was void or
voidable under the law of the place where the marriage was contracted and in the absence of
proof that such marriage was subsequently validated by the laws of the place of contract, or of a
subsequent domicile of the parties, it shall declare the marriage invalid as of the date of the
marriage.
7-3.08 Pleadings; Contents; Defense; Joinder of Parties.
(a) The petition in a proceeding for dissolution of marriage, legal separation or a declaration of
invalidity shall allege that the marriage is irretrievably broken or was never legally valid and shall
set forth under oath:
(1) The name, last known address and Tribal enrollment, if any, of each party and the
length of domicile on the Spokane Indian Reservation.
(2) The date of the marriage and the place at which it was performed.
(3) If the parties are separated, the date on which the separation occurred.
(4) The names, ages and address of all living children, natural or adopted, common to the
parties and whether the wife is pregnant.
(5) The details of any agreements between the parties as to the parenting and support of
any children of the parties.
(6) The details of the parties respective incomes and earning potentials.
(7) A list of all property of the parties.
(8) A statement specifying the debt of the parties.
(9) The relief sought.
(b) Either or both parties to the marriage may initiate the proceeding.
(c) The only defense to a petition for declaration of invalidity of marriage shall be that the marriage
is legally valid.
7-3.09 Temporary Order or Preliminary Injunction; Effect.
(a) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity or
parenting and support, either party may move for temporary support of a child, natural or
adopted, common to the parties entitled to support.
(1) The motion shall be accompanied by an affidavit setting forth the factual basis for the
motion and the amounts requested.
(b) As a part of a motion for support or by an independent motion accompanied by affidavit, either
party may request the Court to issue a preliminary injunction 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 the person to notify the moving party of any
proposed extraordinary expenditures made after the order is issued.
(2) Enjoining a party from molesting 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) Enjoining a party from removing a child from the jurisdiction of the Court.
(5) Provide other injunctive relief proper in the circumstances.
(c) The 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 will
result to the moving party if no order is issued until the time for responding has elapsed. No
security shall be required unless the Court deems it appropriate.
(d) On the basis of the showing made, and in conformity with the computation factors for child
support under this Chapter, the Court may issue a preliminary injunction and an order for child
support in amounts and on just and proper terms under the circumstances.
(e) Restraining orders issued under this section restraining the person from molesting or disturbing
another party or from entering a party’s home shall clearly state: “Violation of this order with
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Revised Spokane Law & Order Code, 5/14/2013