TITLE 7
DOMESTIC VIOLENCE
CHAPTER 7-1
GENERAL PROVISIONS
§ 7-1-1 Purpose.
The purpose of this Title is to recognize domestic violence as a serious crime against the Nez Perce Tribe, the family, and society; and to provide the victim of domestic violence the maximum protection from further violence which the law and those who enforce the law can provide.
It is further the purpose of this Title to recognize that the strength of the Nez Perce Tribe is founded on healthy families, and that families damaged by domestic violence must be healed by immediate intervention of law enforcement, prosecution, education, counseling, and any other appropriate service.
It is the intent of the Nez Perce Tribe to expand the ability of the Courts to assist victims by providing a legal means for victims of domestic violence to seek protection orders to prevent further incidents of violence.
It is the intent of the Nez Perce Tribe that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior in the home is criminal behavior and will not be excused or tolerated.
§ 7-1-2 Jurisdiction.
The Nez Perce Tribal Court shall have criminal and civil jurisdiction as defined in the Nez Perce Tribal Code.
7-1-3 Definitions.
Unless the context otherwise requires, as used in the Nez Perce Tribal Code:
(a) "Domestic violence" means the occurrence of one or more of the following:
(1) An unlawful attempt, coupled with apparent ability, to commit a violent injury on another domestic household member;
(2) An intentional, unlawful threat by word or act to do violence to another domestic household member, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other domestic household member that such violence in imminent;
(3) Willful and unlawful use of force or violence upon the person of another domestic household member;
(4) Actual, intentional and unlawful touching or striking of another domestic household member against their will;
(5)Unlawfully and intentionally causing bodily harm to another domestic household member; or
(6) Causing an domestic household member to engage involuntarily in sexual activity by force, threat of force, or duress.
(7) "Domestic violence" shall not include acts of self-defense.
(b) "Domestic household member" means spouses, former spouses, persons related by blood or marriage, persons who reside or who have resided together, and persons who have a child in common or are expecting a child together, regardless of whether they have been married or have lived together at any time. For the purpose of this Title, "reside" shall mean ones personal presence at some place of abode with no present intention of leaving and with purpose to remain for an undetermined period of time, but not necessarily combined with the design to stay permanently.
(c) "Domestic protection order" means a court order granted for the protection of victims of domestic violence and may contain specific orders:
(1) Enjoining the respondent from threatening or commit or committing acts of domestic violence against the petitioner and/or any other person named in the petition;
(2) Prohibiting the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, either directly or indirectly;
(3) Removing and excluding the respondent from the residence of the petitioner;
(4) Requiring the respondent to stay away from the residence, school, place of employment, or a specified place frequented regularly by the petitioner and/or any other person named in the petition; or
(5) Prohibiting the respondent from using or possessing a firearm or other weapon specified by the Court.
(6) Suspending or revoking the privilege to hunt with a firearm while the domestic protection order is in effect. The authority to revoke or suspend privileges extends to the rights of tribal members to hunt pursuant to the provisions of the Treaty of June 11, 1855, 12 Stat. 957 and subsequent treaties and agreements.
(d) "Program of Intervention for Perpetrators" means a specialized program that:
(1) Accepts perpetrators of domestic violence into treatment or educational classes to satisfy court orders;
(2) Offers assessment and treatment to perpetrators of domestic violence; or
(3) Offers classes or instruction to perpetrators of domestic violence.