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Violence Against Indian Women
Tribal Code Project

MODEL

DOMESTIC VIOLENCE CODE

TABLE OF CONTENTS

Section 1.1    POLICY AND PURPOSE

Section 1.2    DEFINITIONS

Section 1.3    PENALTIES

Section 1.4    COURT ORDERED TREATMENT AND COUNSELING

Section 1.5    PROCEDURE FOR ARREST AND DISPOSITION

Section 1.6    DUTIES OF POLICE OFFICERS

Section 1.7    SPECIAL COURT RULES

Section 1.8    CIVIL ORDERS OF PROTECTION

Section 1.9    REPORTING OF DOMESTIC VIOLENCE

Section 1.10 DISCLOSURE OF DOMESTIC VIOLENCE SHELTERS

Section 1.11 NON-INDIANS

Section 1.12 SEVERABILITY

NATIONAL AMERICAN INDIAN COURT JUDGES ASSOCIATION
VIOLENCE AGAINST WOMENS ACT PROJECT

MODEL

DOMESTIC VIOLENCE CODE

(Draft Three: January 28, 2002)

SECTION 1.1 POLICY AND PURPOSE

Domestic violence is a serious crime and a crime which is NOT in any way culturally sanctioned. This statute intends to promulgate responsible Tribal response to domestic violence which communicates the intent of the Tribe that domestic violence represents an aberration and danger to the mental, physical and cultural well being of the Tribe and Tribal members. It is also the intent of the Tribe that victims of domestic violence receive the maximum assistance and protection under the law and that perpetrators are held accountable for their conduct. Finally, it is the hopeful intent of the Tribe that, when possible, healing of the wounds inflicted by incidences domestic violence is supported.

SECTION 1.2 DEFINITIONS

A.  "Abuse" means 1) intentionally or recklessly or negligently causing or attempting to cause physical harm or mental anguish to another person, or 2) threatening or placing another person in reasonable apprehension of imminent serious physical injury.

B.  "Counseling" means services provided by Tribal Social Services or other authorized agencies that provide services for, but not limited to domestic violence, alcohol and drug rehabilitation, parenting, and mental health education.

C.  "Court" means the Tribal Court.

D.  "Domestic Violence" means abuse, mental anguish, physical harm, bodily injury, assault, or the infliction of reasonable fear of bodily injury, between family or household members, or sexual assault of one family or household member by another. All crimes involving threat, violence, assault and physical or sexual abuse against adults, children, elderly or others enumerated in the Tribal Criminal Code or local law enforcement practice may be charged as domestic violence. (list Tribal Crimes)

E.   "Domestic Violence Shelter" means a location which provides emergency housing on a 24-hour basis for victims of sexual assault, domestic violence, or both. Confidentiality and protection of the location is encouraged.

F.   "Family or Household Member" means spouses, former spouses, common-law spouses, domestic partners, parents, grandparents, children, siblings, half siblings, cousins, aunts, uncles, adult persons or emancipated minors presently residing together or who have a child in common regardless of whether they have been married at any time.

G.  "Mandatory Arrest" means a police officer SHALL arrest, with or without a warrant if there is probable cause to believe the person to be arrested has committed an offense of Domestic Violence as defined by this Chapter. The victim need not sign a complaint for an arrest to occur. An arrest must be made even if such arrest may be against the expressed wishes of the victim.

(1)   "Probable Cause" means the reasonable belief, based on the officer's observations and statements made by the parties involved and witnesses, if any, that the person arrested committed an act of Domestic Violence.

H.  "Mental Anguish" means causing a person psychological or emotional damage by physical or verbal intimidation, threatening, verbal abuse, physical abuse, harassment, stalking, or any contact that is detrimental to the psychological and mental well-being of that person or any other family or household member, characterized by behavioral change or physical symptoms.

I.    "Order of Protection" means a court order granted for the protection of victims of domestic violence.

J.    "Physical Harm" means the impairment of physical condition and includes but shall not be limited to any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition which imperils health or welfare.

K.  "Perpetrator" means a person who is alleged to have committed or has been convicted of committing an act of abuse or domestic violence on his or her family or household member.

L.   "Police officer," "officer," or "police" means a law enforcement officer of the Tribal Police Department or other law enforcement officer having legal jurisdiction.

M. "Primary, Physical Aggressor" means the person(s) who has caused or has threatened to cause significant physical or emotional harm to another in his family or household, as compared to other party(s) involved. This is regardless of which party was the first aggressor. In determining whether one person is a primary physical aggressor, consideration shall include but is not limited to:

(a)    Prior history of domestic violence;

(b)   The relative severity of the injuries inflicted on each person;

(c)    The likelihood of future injure to each person:

(d)   Whether one of the persons acted in self-defense; and

(e)    Relative ability to inflict harm between the parties involved.

N. "Victim" means family or household member(s) who has been subjected to domestic violence.

SECTION 1.3 PENALTIES

A. Criminal Penalties

Criminal penalties should be guided by the seriousness of the offense.

(1) First Offense:

(a) Any person who commits an act of domestic violence defined by this Chapter shall be deemed guilty of the offense of domestic violence. A person convicted of a first offense of domestic violence shall be imprisoned for a term of not less than ten (10) days or more that one (1) year and shall be fined an amount not less than One Hundred Dollars ($100.00) or more than Five Thousand Dollars ($5000.00). Mandatory counseling shall be part of sentencing as provided in Section 1.4 of this Chapter, as well as restitution when appropriate.

(b) The Court may suspend imposition of fines and imprisonment for the first offense and place defendant on probation for not less than three (3) months nor more than one (1) year. When a sentence is suspended there must be complete and total compliance with the orders of the Court requiring completion of the domestic violence program and counseling as ordered.

(2) Second Offense: A person convicted of a second offense of domestic violence within five (5) years shall be imprisoned for a term of not less than thirty (30) days or more than one (1) year and fined an amount not less than five hundred dollars ($500.00) or more than Five Thousand Dollars ($5,000.00). Mandatory counseling shall be part of sentencing as provided in Section 1.4 of this Chapter, as well as restitution when appropriate.

(3) Third and Subsequent Offenses: A person convicted of a third or subsequent offense of domestic violence within five (5) years of the last conviction shall be imprisoned for a term of not less than ninety (90) days or more than one (1) year and fined an amount not less than one thousand dollars ($1,000.00) or more than Five Thousand Dollars ($5.000.00). Mandatory counseling shall be part of sentencing as provided in Section 1.4 of this chapter as well as restitution when appropriate.

(4) For second and subsequent convictions, upon complete and total compliance with the orders of the Court requiring completion of the domestic violence program and/or counseling as ordered, the Court may suspend up to half of the imposition of fines and imprisonment for domestic violence offense(s). Provided: the perpetrator is placed on probation for not less than one (1) year. Failure to comply with terms of probation shall result in the completion of the original sentence.

(5) In cases of failure to comply with the Courts orders of counseling under this Section, the Court shall find the person in contempt and shall impose a sentence no greater than the original sentence for the offense and again require the perpetrator to complete the entire counseling program upon release from jail.

(6) Failure to attend counseling, violation of an order for protection, commission of any crime during the order for protection period, or violation an any condition of sentencing will result in a violation of probation and upon a finding of such shall result in the imposition of a sentence no greater than the original sentence and require the perpetrator to complete the entire domestic violence program again.

(7) Prosecution for the offense of domestic violence shall not preclude prosecution for any other offense arising from the same circumstances.

(8) A person convicted of domestic violence shall not be released from custody for community service or to attend funeral or wake services unless said services are for a member of the person's immediate family

(a) Immediate family as used in the foregoing Subsection A(7) shall mean husband, wife, son, daughter, brother, sister, father, mother or grandparent.

B. Civil Penalties.

A person who is found guilty of domestic violence is liable for a civil penalty not to exceed five thousand dollars ($5,000), to be determined by the Court after a through review of the evidence and circumstances. In addition, restitution shall be required when appropriate.

C. Other Offenses; Entering Tribal Jurisdiction and Committing Domestic Violence.

(1) A person who enters the Tribal jurisdiction who commits an act of domestic violence and thereby causes injury to a family or household member, shall be considered to be in violation of Section 1.3A of this Chapter.

(2) A person who causes a family or household member to enter Tribal jurisdiction as a result of domestic violence commits an act of domestic violence and shall be considered to in violation of Section 1.3A of this Chapter.

D. Other Conditions in Addition to Penalties.

(1) In addition to the penalties above, the Court shall impose any condition it deems necessary to prevent further domestic violence, including but not limited to restricting the defendant's ability to have contact with the victim and other family or household members and the requirement that defendant make periodic reports to the Court for the duration of the sentence and probation.

(2) A Police Officer may remove any weapons or firearms that are in plain view or otherwise discovered during the domestic violence related investigation or are in the possession and control of the perpetrator. Such weapons may be subject of the forfeiture proceedings.

E. Pre-sentencing evaluation

(1) Prior to sentencing a person convicted under this chapter for a domestic violence offense, the Court shall order a domestic violence evaluation or other personal evaluation deemed necessary upon motion of either party.

SECTION 1.4 COURT ORDERED TREATMENT AND COUNSELING

A. Alcohol and substance abuse.

If alcohol, drugs, or other substance abuse, by perpetrator or victim, is a primary factor in the domestic violence arrest, a mandatory chemical dependency evaluation shall be conducted and complete cooperation with recommendations for treatment shall be considered by the Court.

B. Mandatory Counseling.

(1) A person convicted of domestic violence shall be ordered to participate in appropriate counseling, which may include domestic abuse, substance abuse, or family counseling.

(2) The Court shall provide that qualified personnel will talk with the victim and discuss the availability of domestic violence services and groups.

C. Substance Abuse by Victim: Referral to Social Services

(1) If a law enforcement officer has reason to believe that the victim of domestic violence has abused alcohol, drugs or other substances, and such abuse contributed in part to a domestic violence incident which has occurred in the presence of a child(ren) under the care and control of such victim, the law enforcement officer shall report the circumstances of the incident to Tribal Social Services within 24 hours.

(2) Once Tribal Social Services receives a report as provided in Subsection) C.(1), Tribal Social Services shall commence an investigation of the home environment of the victim and the child(ren) within 48 hours and shall take appropriate action as provided in the Juvenile Code.

D. Religious Consideration.

Persons who practice a traditional Indian religion or any other religion may participate in additional counseling or ceremonies at their own expense, as appropriate to their sentence.

E. Cost for counseling or other treatment.

The Court may order the person convicted of domestic violence to pay any cost for counseling or other treatment ordered pursuant to this Section.

F. Follow-up Assessment

(1) A follow-up assessment shall be done at the completion of the mandated counseling.

(2) A treatment provider shall do the assessment and shall forward a written copy of the findings and recommendations to the Court.

(3) All treatment records will be sealed by the Court and may be reviewed only with written permission of the Judge.

SECTION 1.5 PROCEDURE FOR ARREST AND DISPOSITION

A. Police Department.

(1)   If probable cause exists as described in this Chapter, the officer shall arrest the perpetrator of domestic violence whether or not the victim signs a complaint and whether or not the arrest is against the expressed wishes of the victim.

(2)   Whenever a police officer investigates an allegation of domestic violence, whether or not an arrest is made, the officer shall make a written incident report of the alleged abuse and submit that report to the office of the Tribal Prosecutor within 24 hours.

(3)   If a law enforcement officer receives complaints of domestic violence from two or more persons, circumstances shall be evaluated to determine if there was a primary physical aggressor. If the officer determines that one person was a primary physical aggressor, the officer may arrest the person who has committed domestic violence.

B. Office of the Tribal Prosecutor.

(1)   The Office of the Tribal Prosecutor shall evaluate the complaint based upon all available facts. A case shall not be dismissed solely on the Grounds that the victim may be an uncooperative witness.

(2)   The Office of the Tribal Prosecutor shall make reasonable efforts to notify a victim of an alleged crime involving, domestic violence when the prosecutor has decided to decline prosecution of the crime, or dismiss the criminal charges filed against the defendant.

C. Court.

(1)   When a defendant is arrested, automatic orders of protection will be issued as provided in Section 1.8 of this Chapter.

(2)   Anyone immediately arrested under this chapter shall be held in the custody of the Police Department for a period not less than 12 hours as a mandatory "cooling off" period, regardless of when arraignment occurs.

(3)   Prior to release of the defendant, the Court shall provide for information to the victim regarding the availability of domestic violence services and groups, or refer the victim to appropriate service providers.

(4) Because of the serious nature of domestic violence:

(a)    Disposition of cases shall not be delayed or dismissed because of concurrent dissolution of marriage proceedings or other civil actions

(b)   Any requirement that the victim's location be disclosed shall be waived and communication to victim regarding the domestic violence case shall be conducted through the victim's advocate or the Court;

(c)    Docket sheets of criminal actions arising from acts of domestic violence shall be identified by any reasonable means.

SECTION 1.6 DUTIES OF POLICE OFFICERS

A. Primary duty of officers.

The primary duty of officers when responding to a domestic violence situation is to enforce the laws and ensure victim safety.

B. Notification to victim.

If the victim is present when the officer arrests a person for domestic violence, the officer shall advise the victim of reasonable means to prevent further abuse, the availability of a shelter and other services in the community, and give the victim immediate notice of any legal rights and remedies available in accordance with policies and protocols adopted in accordance with Section 1.8 of this Chapter.

The victim shall be furnished with a copy of the following statement;

If you are a victim of domestic violence, the Office of the Tribal Prosecutor will be notified of the incident and they shall determine whether to file charges against your abuser. An emergency order of protection will be issued against your abuser at the time of the arrest or at your request. You also have the right to go to Court and file a petition requesting any or all of the following temporary orders for relief.

1. An order restraining your abuser from abusing, harassing, stalking, threatening, annoying, telephoning or otherwise contacting you and committing other acts of domestic violence.

2. An order directing you abuser to leave your household and to stay away with no contact.

3. An order preventing your abuser from removing any property from your household except for clothing and other such personal effects which may only be removed when the abuser is accompanied by a police officer.

4. An order awarding you custody or visitation of a minor child or children.

5. An order specifying arrangements for visitation by your abuser, including required supervised visitation.

6. An order restraining your abuser from harassing or interfering with minor children in your custody.

7. An order directing the party not granted custody to pay support of minor children or to pay support of the other party if there is already a legal obligation to do so, and

8. An order protecting other family and household members.

C. Protection of the Victim.

A law enforcement officer responding to an allegation of domestic violence shall use all reasonable means to protect the victim and prevent further violence, including but not limited to:

(1)   Taking action necessary to provide for the safety of the victim and any family or household member.

(2)   Transporting or obtaining transportation for the victim or any minor child (or children) to a temporary shelter.

(3)   Assisting the victim and any minor child (children) in obtaining immediate medical treatment, including obtaining transportation to a medical facility.

D. Notification of Release of a Perpetrator.

When a perpetrator is scheduled to be released from custody, the Police Department andd/or Tribal Prosecutor shall make reasonable efforts to notify the victim prior to, or upon release of, the perpetrator from custody.

SECTION 1.7 SPECIAL COURT RULES

In addition to the Rules of Court generally applicable to such proceedings, the Court is authorized to take the following actions in a proceeding, involving alleged domestic violence offenses.

A.    Conditions of Release: The Court shall, at the earliest stage of the proceedings, impose release conditions restraining the accused from committing further acts of violence against the alleged victim or any other person regardless of whether the Court orders bond release, recognizance release, or denies bond.

B.    Arraignment: At the arraignment, any Domestic Violence Victim Advocate may accompany the alleged victim to the hearing and may accompany the victim to all other subsequent hearings.

C.    Admissibility of Victim's Allegations: Any Written statement made by the alleged victim under oath and signed by the victim describing the alleged acts of domestic violence shall not be considered inadmissible solely because of an hearsay objection, but shall be subject to ordinary judicial analysis for admissibility of evidence in the Tribal Court.

D.    Victim - Impact Statement: When offered to the court, input from the victim shall be considered when determining the sentence to be imposed.

E.     Conviction: Upon conviction, the perpetrator shall be ordered to participate in an appropriate counseling program.

F.     Failure to Comply with Court Order: Failure to comply with a court order requiring a perpetrator to attend and cooperate in evaluation and/or undergo treatment as described in a treatment plan shall constitute contempt of court punishable as such. The Court may also order the imposition of any sentence that has been suspended.

SECTION 1.8 CIVIL ORDERS OF PROTECTION

(NOTE TO TRIBES: A Tribe may wish to review their Civil Code to determine if this section is entirely necessary. Most Tribal Codes have provisions for issuance of protection orders and penalties. There ARE, however, specific portions of this Section which should be retained as they are specific to Domestic Violence offenses.)

Any person may seek relief under this Section by filing a petition, as a civil action, with the Court alleging that the person has been a victim of domestic violence committed by the Respondent. The person may petition for relief on behalf of himself or herself and on behalf of minors within the family or household members.

A. Availability of Civil Petition for Orders of Protection in General.

(1) A civil Petition to obtain an Order of Protection under this Section may be filed by:

(a)    Any person claiming to be the victim of domestic violence

(b)   Any family member or household member of a person claimed to be the victim of domestic violence on behalf of the alleged victim

(c)    A police officer

(d)   A Victim Advocate

(e)    The Tribal Prosecutor

(2) A Petition shall briefly describe the incident(s) of domestic violence and shall be a verified petition or supported by an affidavit made under oath stating the specific facts and circumstances justifying the requested order.

(3) No filing fees shall be required for filing a petition nor shall a bond be required to obtain relief under this section.

(4) The Petitioner, or the victim on whose behalf a petition has been filed is not required to file for annulment, separation, or divorce as a prerequisite to obtaining an order of protection.

(5) Standard petition forms with instructions for completion shall be available upon request from the Court Clerk.

(6) Mutual restraining orders of protection are permitted as determined by the Court.

(7) An order for protection does not preclude the rights of any party or child which are to be adjudicated at subsequent hearings in the proceeding.

(8) An order for protection may be revoked, modified, or extended.

(9) An order for protection may be presented in a proceeding, for the modification of an existing order, judgment or decree.

B. Procedure for Issuance of an Order of Protection in General.

(1) The order shall include the immediate granting of an ex parte order of protection based on the specific facts stated under oath and the Court has reasonable cause to believe that the Petitioner, or the person on whose behalf the petition is filed, is the victim of an act of domestic violence committed by the Respondent.

(2) Within five (5) days of the issuance of an ex parte order excluding holidays and weekends, a hearing shall be held to determine whether the order should be vacated, extended for an additional period of time, made permanent, or modified in any respect with reasonable notice to the Respondent.

(3) If the Court does not find sufficient reasonable cause to grant an ex parte order, the Court shall serve notice to appear upon both parties and hold a hearing on the Petition for an Order of Protection within five (5) days after the filing of the Petition, excluding holidays and weekends.

(4) An Order of Protection granted pursuant to this Section shall be forwarded by the Court to the Police Department within 24 hours of issuance. In the case of an emergency Order for Protection, it shall be filed immediately upon issuance. The Police Department shall make available to each officer information as to the existence and status of every Order for Protection issued under this Section.

C. Contents of an Order of Protection in General.

(1) An Order of Protection shall include provisions:

(a)    Restraining the Respondent from committing any acts of domestic violence

(b)   Restraining the Respondent from harassing, stalking, threatening, telephoning, or otherwise contacting, the Petitioner, directly or indirectly, or engaging in any other conduct that would place any named family or household members in reasonable fear of bodily injury.

(c)    Prohibiting the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily injury.

(d)   Restraining Respondent from receiving, possession or transporting a firearm or ammunition.

(e)    Restraining one or both parties from transferring, removing, encumbering, mortgaging, concealing, disposing, altering or property except as authorized by the Court, and requiring that an accounting be made to the Court for all authorized transfers, encumbrances, disposition, and expenditures.

(f)     Notifying the parties involved that the knowing violation of any provision of the order may constitute contempt of court punishable by fines, imprisonment, or both.

(2) An order of Protection may include any other relief the Court deems appropriate, including but not limited to:

(a)    Excluding the Respondent from the residence of the victim (whether or not the Respondent and the victim share the residence), school, place of employment, or a specified place frequented by the Petitioner and any named family or household member.

(b)   Awarding temporary child custody, temporary child support, or establishing temporary visitation rights of the minor children of the parties, with the primary consideration of the least disruption of the children, including but not limited to health, safety, education, and normal routines of the children.

(c)    If visitation is granted there shall be set rules for exchange of children for visitation, including but not limited to times, places, persons, and the non-custodial parent may be required to post a bond as determined by the Court.

(d)   Ordering temporary possession and use of the parties property.

(e)    Ordering the Respondent to make timely payments on existing debts of the Respondent, including mortgage or rental payments and necessary utilities in order to maintain the Petitioner in their residence.

(f)     Ordering other lawful relief as the Court deems necessary for the protection of the victim of domestic violence, including orders or directives to the Police Department or other appropriate departments and programs.

D. Duration and Amendments to Orders of Protection in General.

(1)   An Order of Protection shall be enforced until further order of the Court but not to exceed one hundred eighty (180) days and may be subject to amendment for extension at the discretion of the Court or at the request of one of the parties.

(2)   The Court may, in its discretion, conduct a review of the Order of Protection at the request of the parties.

F. Emergency Orders of Protection.

(1)   During the hours that the Court is closed, the Court shall provide for the availability of a judge or other authorized personnel who shall authorize the issuance of emergency and temporary orders for protection by any appropriate and effective method.

(2)   If an officer, for any reason, cannot make an arrest under Section 1.5 of this Chapter, but states there is probable cause to believe a person is in immediate and present danger of domestic violence, the judge or other person authorized to issue emergency Orders for Protection may issue an ex parte Order of Protection if such authorized person finds that the officer's grounds are reasonable.

G. Violation of Order of Protection.

(1) In addition to any other penalties available under law or equity, a person, who knowingly violates, or a person who aides and abets another person to knowingly violate an Order of Protection is guilty of an offense and shall be sentenced to a maximum of ninety (90) days imprisonment, or fined an amount not to exceed Five Thousand Dollars ($5,000.00) or both.

(2) A person who enters Tribal jurisdiction with the intent to engage in conduct that violates the portion of a protection order shall be punished as provided in subsection G(1) above.

(3) A person in violation of a valid protection order issued by any court who causes a family or household member to enter Tribal jurisdiction shall be punished as provided in Subsection G.(1) above.

SECTION 1.9 REPORTING OF DOMESTIC VIOLENCE

A. Reporting Requirements

Any physician, physician's assistant, nurse, community health representative, social worker, dentist, school teacher, adult services worker, law enforcement officer, substance abuse counselor, or domestic violence program worker who has reasonable basis to believe that a person has been a victim of domestic violence shall report in accordance with Subsection B. of this Section.

B. Report to Law Enforcement.

The report required by Subsection A of this Section shall be made orally and immediately by telephone or otherwise to a law enforcement officer.

C. Immunity for Reporting

Except for malicious acts as described under Subsection D. of this Section, a person making a report pursuant this Section in good faith in the shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed and shall have the same immunity with respect to participation in any Court proceeding resulting from such a report.

D. Penalties for Failure to Report or False Reports

(1)   Any person who knowingly fails to make a report required under this Section is guilty of an offense and shall be imprisoned for a term of not nor more than thirty (30) days and shall be fined an amount not less than One Hundred Dollars ($100.00) nor more than Three Hundred Dollars ($300.00) or both.

(2)   A person who knowingly and intentionally makes a false report or who coerces another person to make a false report of Domestic Violence is guilty of an offense and shall be sentenced to jail not to exceed thirty (30) days, or fined an amount not to exceed Five Hundred Dollars ($500.00) or both.

(3)   A person not subject to the criminal jurisdiction of the White Mountain Apache Tribal Court, but who violates either Subsections 1, 2, or 3 above, is liable for a civil offense and shall be fined not more than One Thousand Dollars ($1,000.00).

SECTION 1.10 DISCLOSURE OF DOMESTIC VIOLENCE SHELTERS

Any person who knowingly publishes, disseminates or otherwise discloses the location of any domestic violence shelter or any place designated as a domestic violence shelter as defined in Section 1.2 without proper authorization is guilty of a crime and shall be sentenced to jail no less than five (5) days or more than thirty (30) days or fined an amount not less than One Hundred Dollars ($100.00) or to exceed Five Hundred Dollars ($500.00), or both.

SECTION 1.11 NON-INDIANS

A. All individuals involved as the perpetrator of domestic violence against Tribal members, are subject to the mandatory arrest provisions of Section 1.5. If it is later determined by an official means a non-Indian person has been arrested, the non-Indian person may be released to the proper jurisdiction.

B. A non-Indian person may choose to accept the jurisdiction of the Tribal Court to defend a charge of Domestic Violence.

C. Upon conviction, proceedings for removal and exclusion of the non-Indian perpetrator from Tribal jurisdiction shall be initiated by the Tribe with a finding that exclusion is a proper remedy to ensure the safety of the victim(s).

D. Civil Penalties. A non-Indian person not subject to the criminal jurisdiction of the Criminal Court but who is found guilty of domestic violence is liable for a civil penalty not to exceed five thousand dollars ($5,000), to be determined by the Court after a through review of the evidence and circumstances. In addition, restitution shall be required when appropriate.

SECTION 1.12 SEVERABILITY

If any part or parts, or the application of any part of this Chapter is held invalid, such holding shall not affect the validity of the remaining parts of the Chapter.

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