Chapter 7.16

The Puyallup Tribe recognizes that domestic violence and harassment are serious offenses that erode the strength, peace and unity of Indian families. The official response to cases of domestic violence and harassment shall stress the enforcement of laws to protect the victim and victim’s household members, and shall communicate the policy of the Puyallup Tribe that harassment and violent behavior will not be tolerated. Domestic violence protection requires easy, quick, and affordable access to Tribal Court. Because the Puyallup Tribe recognizes prevention to be of critical importance in decreasing domestic violence, integration of services between Tribal Law Enforcement and Tribal social service departments shall be promoted through a regular exchange and updating of Tribal resource information that will assist persons affected by domestic violence. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.010]

7.16.020 Definitions.

As used in this chapter, the following terms shall have the meanings given to them:

(a) “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. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(b) “Court” means the Puyallup Tribal Court.

(c) “Dating relationship” means a social relationship of a romantic nature, including same-gender relationships. Factors that the Court may consider in making this determination include: the length of time the relationship has existed; the nature of the relationship; and the frequency of interaction between the parties.

(d) “Domestic violence” means behavior or actions by a perpetrator towards a victim that causes any one of the following or results in:

(1) The physical harm, bodily injury, or the infliction of fear of imminent physical harm, bodily injury or assault;

(2) Sexual assault, incest or forcing the victim to touch the perpetrator or a third party in a sexual or intimate manner by threat or intimidation;

(3) Stalking as defined in this section or making repeated telephone calls to the victim, the victim’s family or friends, or other third parties with the intent to annoy, harass, threaten, or intimidate, or to seek information about the whereabouts of the victim;

(4) The injury or death to an unborn child;

(5) The imprisonment or restriction of movement of the victim, including preventing or attempting to prevent the victim from leaving a location or preventing the victim from calling or otherwise signaling for help or preventing a third party from calling or otherwise signaling for help;

(6) Disabling the means of escape for the victim such as an automobile or other means of transport, or not allowing access by the victim to keys, driver’s license, or other personal effects that aid the victim to access the means of escape;

(7) Damaging, destroying or carrying away property belonging to the victim without consent;

(8) Any type of harassment which seriously harms, annoys, or causes substantial emotional distress, or which would cause a reasonable person to suffer substantial emotional distress;

(9) The fear of future harm to the victim’s or a third party’s property through the use of words or actions;

(10) The harm, threats to harm, or death to livestock or pets of the victim or a third party;

(11) The use of drugs or other substances with the intention to gain sexual or physical access to a victim, his or her home or other property; or

(12) The reckless endangerment of life or property of the victim by engaging in conduct that creates a substantial risk of bodily injury or death to the victim, children or elderly relatives of the victim, an unborn child of the victim or any other third party.

(e) “Ex parte temporary order” means an order granted without the respondent having had notice of its application.

(f) “Family or household members” includes a spouse; a former spouse; adult persons related by blood or marriage; persons 16 years of age or older who are presently residing together, or who have resided together in the past and who have or have had a dating relationship; persons who have a child in common regardless of whether they have been married or have lived together at any time or are of the same gender; persons who are or have been engaged in a sexual relationship; persons who have a biological or legal parent-child relationship, including step-parents and step-children and grandparents and grandchildren. This definition shall apply only to this chapter.

(g) “Harassment” means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses such person and serves no lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress and shall actually cause emotional distress to that person.

(h) “Judicial day” does not include Saturdays, Sundays, or any Tribal, state, or federal holidays.

(i) “Perpetrator” may refer to any person who:

(1) Is a spouse or former spouse of the victim;

(2) Has a child jointly with the victim;

(3) Currently resides with or has resided with the victim in the past;

(4) Is related by blood or marriage to the victim;

(5) Is currently having or has had an intimate or dating relationship with the victim, including same-gender relationships.

(j) “Petitioner” refers to the alleged victim of domestic violence and/or harassment and shall also include any other family or household member on whose behalf a petition is filed.

(k) “Respondent” refers to the alleged perpetrator of domestic violence and/or harassment against the petitioner.

(l) “Stalking” occurs when:

(1) A person, without lawful authority, intentionally and repeatedly follows another person to that person’s home, school, place of employment, business, or any other location, or follows the person while the person is in transit between locations;

(2) The person being followed is intimidated, harassed, or placed in fear that the stalker intends to harm, injure or inflict emotional damage to the victim, a third party or personal property. The feeling of fear, intimidation, or harassment must be one that a reasonable person in the same situation would experience under all the circumstances;

(3) The stalker either: (A) intends to frighten, intimidate, or harass the person being followed; or (B) knows or reasonably should know that the person being followed is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person; and

(4) The stalker continues to follow the person after being notified that the person does not want to be followed.

(m) “Tribe” means the Puyallup Tribe of Indians.

(n) “Victim” may refer to any person who:

(1) Is a spouse or former spouse of the perpetrator;

(2) Has a child jointly with the perpetrator;

(3) Currently resides with or has resided with the perpetrator in the past;

(4) Is related by blood or marriage to the perpetrator;

(5) Is currently having or has had an intimate or dating relationship with the perpetrator. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.020]

Subchapter 2. Court Procedure

7.16.030 Commencement of action.

Any person (the “petitioner”) may seek relief under this chapter by filing a petition with the Tribal Court. A person may file for relief on his or her own behalf, or on behalf of a minor child (including foster children), a household member who is mentally incapacitated or under the age of 18 and residing in the home, or as legal or temporary guardian of a minor child or a person mentally incapacitated. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.110]

7.16.040 Filing fee for protection orders.

There is a filing fee of $10.00 payable when a petitioner files an action with the Tribal Court. Persons filing a petition for a protective order under this chapter may request the filing fee be waived pursuant with PTC 7.16.050. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.111]

7.16.050 Application for leave to proceed in forma pauperis.

(a) Persons seeking relief under this chapter may file an application for leave to proceed in forma pauperis on forms supplied by the Clerk of the Court. If the Court determines that a petitioner lacks the funds to pay the costs of filing, the petitioner shall be granted leave to proceed in forma pauperis and no filing fee or any other Court-related fees shall be charged by the Court to the petitioner for relief sought under this chapter. If the petitioner is granted leave to proceed in forma pauperis, then no fees for service may be charged to the petitioner.

(b) For the purpose of determining whether a petitioner has the funds available to pay the costs of filing an action under this chapter, the income of the household or family member named as the respondent is not considered. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.120]

7.16.060 Petition for an emergency order of protection.

There shall exist an action known as a petition for an order for protection.

(a) A petition shall allege the existence of domestic violence and/or harassment and shall be accompanied by an affidavit stating the specific facts alleging that the petitioner or other household members have been the victim(s) of domestic violence or harassment by the respondent within the jurisdiction of the Tribe.

(b) A petitioner may request the Court to omit petitioner’s address from the petition if petitioner has reason to fear bodily harm and harassment from the respondent if the respondent knows petitioner’s address.

(c) A petition may be made regardless of a pending lawsuit, complaint, petition, or other action between the parties. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.130]

7.16.070 Hearing – Service – Time.

(a) Upon receipt of the petition, the Court shall order a hearing which shall be held not later than 30 days from the date of the petition or ex parte temporary order of protection, whichever comes first. The parties may rely on submission of personal affidavits to the Court and affidavits of other persons who have personal knowledge in the matter. The parties also have the right to personally appear before the Court, present oral testimony, subpoena witnesses, and submit any relevant evidence to the Court for consideration.

(b) Personal service shall be made upon the respondent not less than seven Court days prior to the hearing. A summons, together with a copy of the petition, shall be served upon the respondent by a Tribal Law Enforcement Officer, or by any person over the age of 18 who is not a party to the action.

(c) Service may be accomplished by personal service, or by leaving a copy of the summons and petition with a person of suitable age and discretion residing in the residence of the person sought to be served.

(d) If personal service has not been accomplished, the Tribal Law Enforcement Officer or other disinterested party who has attempted service shall file an affidavit stating that he or she was unable to complete personal service upon the respondent. The affidavit must describe the number and types of attempts the Officer, or other party, made to complete service. If personal service cannot be made after reasonable efforts, the Court may allow another form of service such as service by certified mail with return receipt requested, posting, or publication. If timely service cannot be made, the Court may set a new hearing date. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.140]

7.16.080 Ex parte temporary order for protection.

(a) Where an applicant under this section alleges that injury could result from domestic violence and/or great or irreparable harm will result from harassment if an order is not issued immediately without prior notice to the respondent, the Court may grant an ex parte temporary order for protection, pending the hearing set out in PTC 7.16.070, and grant relief as the Court deems proper, including an order:

(1) Restraining any party from committing acts of domestic violence or harassment;

(2) Excluding any party from a shared dwelling or from the residence of the other until further order of the Court;

(3) Restraining any party from interfering with the other’s custody of the minor children or removing the children from the jurisdiction of the Court;

(4) Restraining the respondent from making any contact with the petitioner;

(5) Restraining the respondent from making any attempts to keep the petitioner under surveillance; and

(6) Requiring the respondent to stay a stated distance from the petitioner’s residence, school, work place or other places where the petitioner is known to be for the purpose of earning a livelihood.

(b) “Injury” under this section includes, but is not limited to, situations in which the respondent has recently threatened petitioner with bodily injury or has engaged in acts of domestic violence and/or harassment against the petitioner.

(c) An ex parte temporary order for protection shall be effective for a fixed period not to exceed 30 days, but may be reissued. The respondent shall be served with a copy of the ex parte order together with a copy of the petition and notice of the date set for the hearing as set out in PTC 7.16.070.

(d) Telephone and fax orders are hereby authorized. A telephone order shall be followed with a written order from the Tribal Court Judge within three working days from the date of the telephone order. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.150]

7.16.090 Relief.

Upon notice and after hearing, the Court may provide relief as follows:

(a) Restrain a party from committing acts of domestic violence or harassment;

(b) Exclude the respondent from the dwelling which the parties share or from the residence of the petitioner;

(c) Make residential provisions with regard to minor children of the parties, including award temporary custody, establish visitation schedules, and restrain any interference with child custody or removal from the jurisdiction of the Court, and order the party not granted custody to pay temporary support to the petitioner if the perpetrator has a legal obligation to do so;

(d) Restrain any party from making any attempts to contact the petitioner;

(e) Restrain the respondent from stalking the petitioner or making any attempt to keep the petitioner under surveillance;

(f) Require the respondent to stay a stated distance from the petitioner, including both residence and place of employment, school, or place where livelihood is earned;

(g) Order the respondent to receive substance abuse evaluations, attend treatment, seek mental health assessment, attend counseling, anger management, or other programs, to include parenting classes if needed, or to not possess or consume alcohol or other substances;

(h) Order such relief as it deems necessary for the protection of the petitioner, including orders or directives to a peace officer;

(i) Require the respondent to pay the filing fee, Court costs, service fees, and other costs including reimbursement to the petitioner and law enforcement for costs incurred in bringing the action, including a reasonable attorney’s fee and a $50.00 fee for the crime victim fund. If the Court has waived the filing fee and costs including service fees, because of the petitioner’s limited financial means, the Court may require the respondent to pay them directly to the Court;

Any relief granted by the order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year, which period may be renewed for one year upon motion and sworn statement of facts filed by the petitioner.

In providing relief under this section, the Court may realign the designation of the parties as “petitioner” and “respondent” where the Court finds that the original petitioner is the abuser and the original respondent is the victim of domestic violence. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.160]

7.16.100 Conduct – Determination of purpose.

In determining whether the conduct serves any lawful purpose, the Court should consider whether:

(a) The contact between the parties was initiated by the respondent or was initiated by both parties;

(b) The respondent has been given clear notice that all further contact with the petitioner is unwanted;

(d) The respondent is acting pursuant to any legal authority, including but not limited to acts which are reasonably necessary to:

(1) Protect property or liberty interests;

(2) Enforce the law; or

(3) Meet specific statutory duties or requirements;

(e) The respondent’s conduct has the purpose or effect of unreasonably interfering with the petitioner’s privacy or the purpose or effect of creating an intimidating, hostile, or offensive living environment for the petitioner;

(f) Contact by the respondent with the petitioner has been limited in any manner by any previous Court order. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.170]

7.16.110 Issuance of order.

When an order is issued under this chapter upon request of the petitioner, the Court may order a Tribal Law Enforcement Officer to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in the execution of the order of protection. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.180]

7.16.120 Order – Service.

(a) An order issued under this chapter shall be personally served upon the respondent unless otherwise authorized by this chapter.

(b) If service by a Tribal Law Enforcement Officer is to be used, the Clerk of the Court shall have a copy of any order issued under this chapter forwarded on or before the next judicial day to the Puyallup Tribal Law Enforcement Department for service upon the respondent. Service of an order issued under this chapter shall take precedence over the service of other documents unless they are of a similar emergency nature.

(c) If the Tribal Law Enforcement Officer cannot complete service upon the respondent within 10 days, the Officer shall notify the petitioner and the Court. The petitioner, if possible, shall provide additional information sufficient to permit notification.

(d) Returns of service under this chapter shall be made in accordance with the applicable Court rules.

(e) If an order entered by the Court recites that the respondent appeared in person before the Court, the necessity for further service is waived and proof of service is waived and proof of the order is not necessary. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.190]

7.16.130 Transmittal of order to Puyallup Tribal Law Enforcement Department.

A copy of an order granted under this chapter shall be forwarded by the Clerk of the Court on or before the next judicial day to the Puyallup Tribal Law Enforcement Department and social service agencies specified in the order for appropriate action in their respective systems. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.200]

7.16.140 Violation of an order.

(a) A Law Enforcement Officer shall arrest without a warrant and take into custody a person, who is subject to the criminal jurisdiction of the Puyallup Tribe of Indians, whom the Law Enforcement Officer has probable cause to believe has violated an order, if the person restrained had knowledge of the order or had been served with the order before the violation occurred.

(b) Upon the filing of an affidavit by the petitioner or any Law Enforcement Officer alleging that the respondent violated an order for protection granted under this chapter, the Court may issue an order to the respondent to appear and show cause within 20 days why the respondent should not be found in contempt of Court. Therefore, a show-cause hearing shall be set not later than 20 days from the issuance of the order. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.210]

Subchapter 3. Penalties

7.16.150 Civil penalty.

Any person subject to the civil jurisdiction of the Puyallup Tribe of Indians who violates a Tribal Court order issued under this chapter may incur a civil penalty in an amount not to exceed $5,000. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.310]

7.16.160 Criminal penalty.

Any person subject to the criminal jurisdiction of the Puyallup Tribe of Indians who violates a Tribal Court order issued under this chapter is subject to the penalties prescribed under the criminal contempt provision of the Puyallup Tribal Criminal Code (PTC 5.12.1330). [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.320]

7.16.170 Petitioner’s liability for false claims.

A petitioner who files a false claim shall be liable to the respondent for Court costs, attorneys’ fees or any expenses incurred in defending against the claim and for any injuries resulting from being subject to an ex parte temporary order for protection arising from the false claim. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.330]

Subchapter 4. Law Enforcement

7.16.180 Law Enforcement Officers – Immunity.

No Law Enforcement Officer shall be held criminally or civilly liable for making an arrest under this chapter, provided the Police Officer acted in good faith and without malice. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.410]

7.16.190 Law Enforcement Officers – Training, duties.

(a) All training relating to the handling of domestic violence complaints by Tribal Police shall stress enforcement of any and all Tribal laws in domestic situations, availability of Tribal and community resources, and protection of the victim. The Puyallup Law Enforcement Department and Tribal social service programs providing services relating to domestic violence and harassment shall cooperate in all aspects of such training.

(b) The primary duty of Tribal Police, when responding to a domestic violence call, is to enforce the laws allegedly violated and to protect the complaining party.

(c) When a Tribal Police Officer responds to a domestic violence call, the Officer shall notify the victim of the victim’s right to initiate a complaint in all cases where the Officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.

(d) When a Tribal Police Officer responds to a domestic violence and/or harassment call, the Officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other Tribal services, and giving each person immediate notice of the legal rights and remedies available. The notice shall include handing each person a copy of the following statement:

IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE AND/OR HARASSMENT, you can ask the prosecuting attorney to file a complaint. You also have the right to file a petition in Tribal Court requesting an Order for Protection from domestic abuse and/or harassment which could include any of the following: (a) an order preventing a party from committing acts of domestic violence or harassment; (b) an order excluding a party from the dwelling which the parties share or from your residence; (c) an order making residential provision with regard to minor children of the parties; (d) an order preventing a party from making any attempts to contact you or your household members; (e) an order preventing a party from interfering with the other’s custody of the minor children or removing them from the jurisdiction of the Court; (f) an order preventing a party from making any attempt to keep you or your household members under surveillance; (g) an order requiring a party to stay a stated distance from your residence or workplace; and (h) an order requiring a party to participate in treatment or counseling services. The forms you need to obtain a protection order are available from the Clerk of the Tribal Court. Information about shelters and other Tribal resources are available from Family Violence Program and Law Enforcement.

(e) The Puyallup Tribal Police shall make as soon as practicable a written record and shall maintain records of all incidents of domestic violence and harassment reported to it. Records kept pursuant to this section shall be made identifiable by means of departmental codes for domestic violence and harassment.

(f) The Puyallup Tribal Police may also offer, arrange, or facilitate transport through public or private ambulance or emergency services, or offer the services of the domestic violence advocate to transport or otherwise arrange transport to a medical facility or safe house or shelter at the Officer’s discretion. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.420]

7.16.200 Police arrest authority.

(a) A Law Enforcement Officer shall arrest and take into custody, without benefit of a warrant, a person subject to the criminal jurisdiction of the Puyallup Tribe of Indians when the Officer has probable cause to believe that the person has committed an assault or battery, or other act of “domestic violence” as defined in PTC 7.16.020 and the Officer believes:

(1) A felonious assault has occurred;

(2) An assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding Officer or not; or

(3) That any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. “Bodily injury” means physical pain, illness, or an impairment of physical condition. When the Officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the Officer is not required to arrest both persons.

(b) Within 24 hours of the occurrence or threat of domestic violence, the Officer shall arrest the person whom the Officer believes to be the primary physical aggressor. In making this determination, the Officer shall make every reasonable effort to consider:

(1) The intent to protect victims of domestic violence;

(2) The comparative extent of injuries inflicted or serious threats creating fear of physical injury; and

(3) The history of domestic violence between the persons involved.

(c) Court Orders. A Law Enforcement Officer shall arrest and take into custody a person subject to the criminal jurisdiction of the Puyallup Tribe of Indians, without a warrant, when the Officer has probable cause to believe that the person has violated a Court order restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence, work place, school, or day care, or imposes any other restrictions or conditions upon the person.

(d) Any person arrested under this chapter shall be held without bail, in the custody of the Tribal Police Department, for a period of 72 hours, as a mandatory “cooling off” period; provided, however, that a hearing shall be conducted in Tribal Court at the earliest possible date following the arrest, and the detention shall continue under the terms of this section only if the Court determines that there is probable cause to believe that the person arrested has committed an assault or battery, or other act of “domestic violence” as defined in PTC 7.16.020, under any of the conditions spelled out in subsections (a)(1) through (3) of this section. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.430]

Subchapter 5. Miscellaneous

7.16.210 Additional remedies.

Any remedy afforded under this chapter is in addition to other civil or criminal remedies. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.510]

7.16.220 Construction.

This chapter shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.520]

7.16.230 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of its provisions to other persons or circumstances shall not be affected. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.530]

7.16.240 Laws repealed.

All provisions of any Tribal ordinance, resolution or regulation previously enacted by the Puyallup Tribal Council which are inconsistent with this chapter or contradictory with its provisions are repealed. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.540]

7.16.250 Effective date.

The effective date of this code is the twenty-first day of April, 1998. [Res. 210498D (04/21/98); Res. 040894 (08/04/94); prior code § 7.04.550]

Chapter 7.16DOMESTIC VIOLENCE PREVENTION AND ANTI-HARASSMENT CIVIL CODE

7.16.010 Declaration of policy.