Division II. Tribal Domestic Violence Code
Chapter 4.60
GENERAL PROVISIONS
Sections:
4.60.015 Legislative findings.
4.60.030 Liability of Chehalis Tribal Police officers.
4.60.050 Liberal construction.
Prior legislation: Prior code § 8.2.1.060.
4.60.010 Purpose.
Domestic violence and family violence are serious crimes against society, the Confederated Tribes of the Chehalis Reservation, and the family. The victim of domestic violence or family violence deserves the maximum protection from further violence that the law and those who enforce the law can provide.
The official response to domestic violence and family violence shall stress the enforcement of the laws to protect victims and to hold perpetrators accountable, which will communicate the Chehalis Tribe’s values that violent behavior against intimate partners or family members is criminal behavior and will not be excused or tolerated. This in turn will promote healing of Tribal families and the community where possible, and promote cultural teachings and traditional Tribal values to nurture nonviolence and respect within families. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.1.010.]
4.60.015 Legislative findings.
The Chehalis Tribe finds that domestic violence and family violence imperil the very subsistence of the Tribal community and the residents of the Reservation.
Domestic violence and family violence are not acceptable and are contrary to traditional Chehalis Tribal culture and values of honoring the family, and are contrary to the interest of our community and sense of well-being and growth. Domestic violence and family violence will not be tolerated.
The Tribe recognizes the Department of Justice findings that one in three Native women is sexually assaulted in her lifetime and that 70 percent of reported assaults are committed by non-Native men against Native women. The Tribe also recognizes the 2016 Violence Against American Indian and Alaskan Native Women and Men National Institute of Justice Study that relative to non-Hispanic White-only men, American Indian and Alaska Native men are 1.3 times as likely to have experienced violence in their lifetime. They are also significantly more likely to have experienced violence by an interracial perpetrator and significantly less likely to have experienced violence by an intra-racial perpetrator.
A community response to domestic and family violence is necessary because domestic and family violence crimes and incidents impact the community as a whole. These crimes redirect Tribal resources – whether personnel, financial, public safety or other resources – elsewhere and require an immediate response. As a result of this impact on Tribal resources, the Tribe deems it necessary to address domestic violence and family violence to the fullest extent permitted by laws existing now or as may be adopted or amended in the future.
The Tribe further recognizes that there is a distinction between intimate partner domestic violence and family member violence. Domestic violence involves an intimate partner relationship. Family violence is committed against all other family or household members. Both are reprehensible actions that require specialized recognition and enhanced provisions than what might be otherwise available to victims of crimes, or remedies available in civil actions. [Res. 2018-83.]
4.60.020 Jurisdiction.
The Tribal Court shall have jurisdiction over cases arising under this division. The jurisdiction of the Tribal Court over persons and territory is limited only by Federal law and the Constitution of the Chehalis Tribe. The Tribal Court shall have the power to decide questions of jurisdiction that may be raised under this division. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.1.020.]
4.60.025 Sovereign immunity.
A. Nothing in this division is intended or shall be construed as a waiver of the sovereign immunity of the Confederated Tribes of the Chehalis Reservation or any of its departments, divisions or enterprises.
B. No manager, officer or employee of the Tribe is authorized, and he/she shall not attempt, to waive the immunity of the Tribe.
C. Damage suits are prohibited against any employee, officer, agent, prosecutor, judge, or manager of the Chehalis Indian Tribe or any of its departments, divisions, organizations or enterprises for disputes arising under this division. [Res. 2018-83.]
4.60.030 Liability of Chehalis Tribal Police officers.
A Chehalis Tribal Police officer shall not be held liable in any civil or criminal action for an arrest based on probable cause, enforcement of any court order, or any other act or omission arising from an alleged domestic or family violence crime. The immunity from liability applies when the officer acts in good faith, is within the scope of his or her duties and upon the best information to provide protection for victims of domestic or family violence and to carry out the purposes of this division. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.1.040.]
4.60.040 Court orders.
Restraint provisions contained in orders entered under this division and comparable provisions contained in orders accorded full faith and credit by the Court under Chapter 4.90 CTC shall govern conduct both within and without the Tribe’s territorial jurisdiction. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.1.050.]
4.60.050 Liberal construction.
This division shall be interpreted and applied to give it the broadest scope to carry out the purposes. The provisions of this division shall be liberally construed in order to further the purpose stated in CTC 4.60.010. [Res. 2018-83; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.1.070. Formerly 4.60.060.]
4.60.060 Repealer.
This division is to be interpreted to supersede and replace any conflicting provisions of all prior codes and laws of the Chehalis Tribe. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.1.080. Formerly 4.60.070.]
4.60.065 Severability.
If any part, or parts, or the application of any part of this division is held invalid, such holding shall not affect the validity of the remaining parts of this division. The Business Committee hereby declares that it would have passed the remaining parts of this division even if it had known that such part or parts or application of any part thereof would be declared invalid. [Res. 2018-83.]
4.60.070 Savings.
This division takes effect on the date approved by the Chehalis Business Committee and does not extinguish or modify any civil or criminal liability or enforcement of such penalty or forfeiture that existed on or prior to the effective date of this division. The prior code shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such civil or criminal action, enforcement of any penalty, forfeiture or liability. [Res. 2018-83.]
4.60.075 Definitions.
For the purposes of this division the words below shall have the meanings set forth in this section unless another meaning is clearly intended.
“Abuse” means the intentional infliction of physical harm, bodily injury or sexual assault or the infliction of the fear of imminent physical harm, and includes but is not limited to assault and battery as defined in the Chehalis Tribal Code.
“Advocate” means a person who is employed to provide services to victims or who volunteers to do so after receiving training in the area, and is bound by confidentiality policies.
“Alarm” means to cause apprehension or fear resulting from the reasonable perception of danger.
“Coercion” means to restrain, compel or dominate by force or threat.
“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
“Court” means the Chehalis Tribal Court.
“Dating relationship” means a social relationship of a romantic nature. In determining whether parties have a “dating relationship,” the trier of fact shall consider:
1. The length of time the relationship has existed;
2. The nature of the relationship; and
3. The frequency of the interaction between the parties.
“Dating violence” means a crime committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
“Domestic violence” means a crime committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic violence laws of the Chehalis Tribe.
Domestic violence can take many forms such as but not limited to use of intimidation, contact as defined within this division, manipulation, isolation, coercion, fear and/or violence, as well as other tactics of power and control to establish and maintain a relationship of dominance over an intimate partner, but does not include acts of self-defense. The following are examples of what form the domestic violence action may take, but are not an exhaustive list:
1. Attempting to commit or committing any criminal offense as defined by this title against an intimate partner;
2. Physically harming, attempting to physically harm, or placing an intimate partner in reasonable fear of physical harm to himself or herself. Reasonable fear may be produced by behavior which induces fear in the victim, including, but not limited to, harassment, stalking, destruction of property, or physical harm or threat of harm to household pets;
3. Emotional or mental abuse of the intimate partner, including physical or mental intimidation, controlling activities, or using demeaning language;
4. Economic abuse of an intimate partner;
5. Causing an intimate partner to engage involuntarily in sexual activity; or
6. Preventing the victim from accessing services.
“Elder” means a person 55 years of age or older.
“Electronic communications” means any form of expression or exchange of information by speech, photographs or written form using electronic means. Electronic communication includes, but is not limited to, communication via telephone, facsimile, electronic mail, social media and other electronic forms.
“Electronic surveillance” means monitoring the behavior, activities, or whereabouts by electronic means.
Emotional Distress. For the purpose of this division, “emotional distress” means a reaction such as anguish, grief, fright, humiliation, or fury.
“Essential personal effects” means those items necessary for a person’s health, welfare and livelihood, including but not limited to clothing, cribs, bedding, family heirlooms, medications, money, personal documents, personal hygiene items, tools of the trade, vehicles, jewelry, regalia or any cultural or ceremonial items, and pets.
“Ex parte” in this division means that only the requesting party is heard by the Court, and that notice and an opportunity to contest the facts are not available to the party adversely affected by the Court’s action.
“Family or household member” means any one of the following:
1. Persons 18 years of age or older who are related by blood or marriage.
2. Physically or mentally disabled persons and their caregivers.
3. Elders 55 years of age or older and their caregivers.
“Family violence” means the same or similar acts committed in domestic violence, but directed towards a family or household member instead of an intimate partner.
“Foreign protection order” means an injunction or other order related to domestic violence or family violence issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or any United States military tribunal, or a Tribal Court, in a civil or criminal action. The order may include harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to another person.
“Harassment” means the act of systematic and/or continued unwanted and annoying actions of a person or persons toward another person or persons, including threats and demands.
“Indian Country” means the definition given in 18 U.S.C. 1151.
“Intimate partner” means:
1. Spouses;
2. Former spouses;
3. Persons who are, or have been, in a marital-like relationship, including same-sex relationships;
4. Persons who have a child in common, regardless of whether they have been married or have lived together at any time in a romantic relationship; or
5. Persons who are dating or have dated in the past.
“Mandatory arrest” means that a Chehalis Tribal Police officer shall arrest if there is probable cause to believe the person to be arrested has committed an offense as defined by this division even though the arrest may be against the expressed wishes of the victim.
“Minor” or “juvenile” means any person under the age of 18 years of age.
“No contact order” means a court order issued pursuant to a criminal case that prohibits a criminal defendant from having contact with the victim.
“Perpetrator” means the person who has committed an act of domestic violence or family violence. The perpetrator may also be referred to as a “defendant” in a criminal case or “respondent” in a civil case.
“Protection order” means a temporary or permanent court order, injunction or other order related to domestic violence or family violence. The order may include harassment, sexual abuse, or stalking, granted for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to another person, who is a victim or alleged victim of domestic violence or family violence, dating violence, sexual assault or stalking; and
Includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendente lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
“Relational life skills (RLS)” means a clinical solution to legal consequences for abusive/violent behavior. RLS involves more than power and control, accountability and confrontation. Power, control and violent behavior in intimate relationships or family relationships is the byproduct of negative character, dysfunctional coping and deep seated adverse childhood trauma (ACT) which primarily originated in the family. RLS focuses on the pain and trauma which drive anger, rage and violent behavior and teaches participants how to cope and navigate life without violence or abusive behavior.
“Repeated” means two or more times.
“Safe house” means a safe home/safe house that provides temporary refuge and other services on a 24-hour, seven-days-per-week basis to victims of domestic violence and their children.
“School” means a public or private institution of learning or a child care facility.
“Tribal or State certified domestic violence perpetrator treatment program” means a State or Tribally certified rehabilitative program for abusers in which they are held accountable for their abusive actions and/or controlling behavior. [Res. 2018-83; Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-41. Prior code § 8.2.2.010. Formerly 4.60.080.]
4.60.080 Victim rights.
Notwithstanding other provisions of the Chehalis Tribal Code, a victim of a crime under this division shall have the following rights:
A. The right to be reasonably protected from the accused and from harm and threats arising out of cooperation with Chehalis Tribal Police and prosecution efforts.
B. The right to reasonable, accurate, and timely notice of any public court proceeding, or any probation proceeding, involving the crime or of any release or escape of the accused.
C. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
D. The right to be reasonably heard at any public proceeding in court involving release, plea, sentencing, or any parole proceeding.
E. The reasonable right to confer with the Prosecutor in the case.
F. The right to full and timely restitution as provided in law.
G. The right to proceedings free from unreasonable delay.
H. The right to be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of the defendant.
I. The right to be treated with fairness and with respect for the victim’s dignity and privacy.
J. The victim has the right to provide a victim impact statement.
A victim impact statement is a written or oral statement given to the sentencing judge by the victim. Such statements may include the impact of the crime on the victim, and how the crime affected the victim psychologically, financially and physically. The advocate shall assist the victim to provide this statement. The Court shall make all reasonable efforts to accommodate the participation of the victim at the sentencing hearing, being mindful of the unique emotional and psychological barriers victims may experience when facing a perpetrator in Court. [Res. 2018-83.]