Tulalip Tribes of Washington Codes and Regulations
Ordinance 117 - Domestic Violence
Section 1.1 Statement of Purpose
It is the purpose of this Chapter to stop all family violence on the Tulalip Reservation and to promote the healing of families where possible. Domestic violence is a serious crime against society and this Ordinance seeks to guarantee to the victim of domestic violence the maximum protection under the law.
It is the intent of the Tulalip Board of Directors that the official response to cases of domestic violence shall be that the Tribe will not tolerate or excuse violent behavior under any circumstances. The elders, adults, and children of our Tribe, and of the entire community residing on the Tulalip Reservation, are to be cherished and treated with respect.
Section 1.2 Definitions
As used in this Chapter the following terms shall have the meanings given below:
A. "Abuse" means the 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 Tulalip Tribal Code.
B. "Court" means the Tulalip Tribal Court.
C. "Domestic Violence" means an act of abuse by a perpetrator on a family member or household member of the perpetrator.
D. "Elder" means a person 62 or more years old.
E. "Course of Conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying verbal or written threats, or threats implied by conduct or a combination thereof directed at or toward a person.
F. "Alarm" means to cause apprehension or fear resulting from the perception of danger.
G. "Coerce" means to restrain, compel or dominate by force or threat.
H. "Contact" includes but is not limited to:
1. repeatedly coming into and / or remaining a visual or physical presence of the other person;
2. following the other person;
3. waiting outside the home, property, place of work or school of the other person or of a member of that person's family or household;
4. sending or making written communications in any form to the other person;
5. speaking with the other person by any means;
6. communicating with the other person through a third person;
7. committing a crime against the other person;
8. communicating with a third person who has some relationship to the other person with the intent of affecting the third person's relationship with the other person;
9. communicating with business entities with the intent of affecting some right or interest of the other person;
10. damaging the other person's home, property, place of work or school; or
11. delivering directly or through a third person any object to the home, property, place of work or school of the other person.
I. "Law enforcement officer" means any person employed by the Tribe, the State of Washington or any agency of the federal government as a law enforcement officer; or any agency having jurisdiction within the Tulalip Indian Reservation.
J. Minor shall mean any person under the age of eighteen years of age.
K. "Repeated" means two or more times.
L. School" means a public or private institution of learning or a child care facility.
M. Immediate family" means a spouse, parent, child, sibling, live-in partner, or any other person who regularly resides in the household or who within the past six months regularly resided in the household.
N. "Family member or household member" of a person means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together, or who have resided together in the past, 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 16 years of age or older with whom a respondent 16 years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
O. "Mandatory Arrest" means that the victim need not sign a complaint for an arrest to occur. A police officer shall arrest if there is probable cause to believe the person to be arrested has committed an offense as defined by this chapter even though the arrest may be against the expressed wishes of the victim.
P. Order of Protection" means a court order granted for the protection of victims of domestic violence.
Q. "Perpetrator" means the person who has committed an act of abuse on his or her family member or household member.
R. "Probable Cause" for arrest means that the police officer, acting as a person of reasonable caution, has reasonable grounds to believe that the person to be arrested has committed an offense as defined by this Chapter, based on all the facts known to the officer, including the officer's personal observations, statements made by parties involved in the incident, statements made by witnesses, if any, and any other reliable information.
S. Injunction an injunction is a request for a special proceeding in which an order is issued by a judge, which restrains or enjoins a party from doing an act, or which requires a party to do a particular act. Such orders can be temporary or permanent and are usually issued for a specific time period.
T. Protection Orders include the following temporary or permanent orders: No-contact (criminal), Protection (civil), Restraining (civil), or Anti-harassment (civil).
U. Treatment there is a controversy surrounding the use of the word treatment. Some advocates believe that the term signifies a mode of working with abusers which does not hold them accountable for their actions nor try to alter their belief system. As used in this Benchbook, the word treatment means a program for abusers in which they are held accountable for their abusive actions, and in which their belief systems are sought to be changed.
Section 1.3 Crime of Domestic Violence
A. Any person who shall knowingly commit an act of domestic violence as defined by Section 1.2 of this Chapter shall be deemed guilty of the offense of domestic violence and upon conviction thereof shall be sentenced to confinement of up to, but shall not exceed twelve (12) months and/or to a fine not to exceed Four Thousand Dollars ($4,000) or to both such confinement and fine.
B. In addition to or in lieu of the imposition of such confinement and/or fine, the court shall order the person convicted of the offense of domestic violence to participate in a certified domestic violence treatment program at that persons expense as provided in Sec. 1.7 (D) of this Ordinance.
C. Prosecution for the offense of domestic violence shall not preclude prosecution for any other offense under the Tulalip Tribal Code arising from the same circumstances.
Section 1.4 Crime of Stalking
A. A person commits the crime of stalking if:
1. the person knowingly alarms or coerces another person or a member of that person's family or household by engaging in repeated and unwanted contact with the other person;
2. a reasonable person in the victim's situation would be alarmed or coerced by the contact; and
3. the repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's family or household.
B. Penalties for Stalking:
1. Any person who shall knowingly commit an act of stalking as defined by this Section shall be deemed guilty of the offense of stalking and upon conviction thereof shall be sentenced to confinement of up to but shall not exceed twelve (12) months and/or to a fine not to exceed Four Thousand Dollars ($4,000) or to both such confinement and fine.
2. In addition to or in lieu of the imposition of such confinement and/or fine, the court shall order the person convicted of the offense of stalking to participate in a certified domestic violence treatment program at that persons expense as defined in Sec. 1.7 (D) of this Ordinance.
3. All provisions, mandates, and definitions as stated in this Ordinance including Sections 1.1 through 1.20 shall be equally applied and enforced with regards to the crime of stalking as to the crime of domestic violence.
Section 1.5 Mandatory Arrest
A. A police officer shall arrest an alleged perpetrator of domestic violence of any age, if an arrest warrant has been issued, or without a warrant if the offense occurs in the presence of the officer or if the officer has probable cause to believe that the person to be arrested has committed domestic violence. If the conditions for arrest established by this Section are present, the officer shall arrest the alleged perpetrator of domestic violence whether or not the alleged victim signs a complaint and whether or not the arrest is against the expressed wishes of the alleged victim.
B. 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 Tulalip Tribes Domestic Violence Program and the Tulalip Tribes Perpetrator Program within 48 hours for purposes of program coordination.
C. In all domestic violence arrests, after notifying the alleged perpetrator of his/her rights, if the alleged perpetrator consents, a police officer or criminal investigator shall interview the alleged perpetrator within 24 hours after the arrest.
D. Immediately following a domestic violence arrest, the police officer shall advise all known victims of the availability of Domestic Violence Services Programs and shall give the victims cards describing their legal rights and other available services. Upon request of the victim, the police officer shall provide or arrange for transportation of the victim to a medical facility or a place of shelter.
E. Upon an arrest of an alleged perpetrator under this section, the arresting police officer shall immediately file with the court a criminal complaint and an affidavit or a written report of the alleged abuse.
F. Whether or not the alleged perpetrator has been arrested, the Clerk of Courts or the Prosecutor shall assist the alleged victim or other appropriate person in the preparation and filing of a criminal complaint under this section and/or a petition under Section 1.8 of this Ordinance.
G. The Tulalip Police Department shall develop and maintain a protocol for implementation of its obligations under this Ordinance.
H. Any alleged perpetrator arrested under this section shall be held in custody for a period not less than twelve (12) hours, or such longer period as is necessary to conduct a commitment hearing or as determined by the Court, as a mandatory "cooling off period. Prior to the commitment hearing, the alleged perpetrator shall not be released on bail or on his/her own recognizance.
Section 1.6 Violations by Minors
A. Whenever a police officer has grounds under Section 1.5 or Section 1.15 of this Ordinance to arrest a person who is a minor, the officer shall arrest the minor as provided in this Ordinance, and the provisions of this Ordinance shall govern the arrest and all subsequent proceedings.
B. A minor held in custody under this Ordinance shall be held in any of the following places:
1. Juvenile Halfway Home.
2. Any foster home approved by beda? chelh..
3. Any other suitable place.
C. All civil and criminal proceedings against a minor under this Ordinance shall be within the jurisdiction of the Tribal Court rather than the Juvenile Court.
D. The arrest and prosecution of a minor under this Ordinance does not bar proceedings in an appropriate Juvenile Court.
E. A civil petition for an order of protection under Section 1.8 of this Ordinance may be filed against a minor who is alleged to have committed an act of domestic violence, and the provisions of this Ordinance shall govern all subsequent proceedings in the action.
Section 1.7 Special Court Rules
In addition to the rules of the court generally applicable to criminal proceedings, the Court is authorized to take the following actions in a proceeding involving alleged domestic violence offenses.
A. At the commitment hearing, if the alleged perpetrator is to be released from custody, the Court, in its discretion and as a condition of release, may issue an order for protection temporarily excluding the alleged perpetrator from the home of the alleged victim and restraining the alleged perpetrator from any contact with the alleged victim.
B. If the alleged perpetrator pleads guilty, a pre-sentence report may be ordered at the discretion of the court prior to sentencing.
C. If it appears to the Court that alcohol or drugs played a part in the abuse, a chemical dependency evaluation with a treatment plan may be ordered, at the discretion of the court, prior to sentencing.
D. Upon a guilty plea or conviction, the perpetrator shall be ordered to participate in a certified domestic violence program at the expense of the perpetrator consisting of at least the following:
1. The perpetrator shall attend and cooperate in an intake session for evaluation.
4. The evaluation shall be completed by the domestic violence program not later than 10 calendar days after entry of the order requiring evaluation, unless the Court extends that time period.
5. A copy of the evaluation and recommended treatment plan shall be provided to the Court.
6. In the discretion of the Court, the perpetrator's participation in treatment sessions based on the domestic violence program's treatment plan may be in lieu of confinement and/or fine, or the execution of any such penalty may be suspended pending completion of the treatment ordered by the Court.
7. The domestic violence program or other service provider shall submit progress reports to the Court at least every six (6) calendar weeks.
E. Willful failure or refusal to comply with a Court order requiring a perpetrator to attend and cooperate in evaluation and/or to undergo treatment as described in a treatment plan shall constitute contempt of court punishable as provided in the Tulalip Tribal Code. If the Court has suspended execution of any penalty imposed under Section 1.3 of this Ordinance on the condition that the perpetrator undergo court-ordered evaluation and/or treatment, the Court may also order execution of any such suspended sentence.
F. Any written statement made by the alleged victim under oath and signed by the victim which describes the alleged acts of domestic violence shall not be considered inadmissible hearsay evidence, but shall be admissible in any proceeding related to a prosecution under Section 1.3 of this Ordinance.
G. Any assault upon a person acting in an official capacity in the protection of victims of domestic violence, i.e., womens advocacy, adult case manager, therapist, and other associates staff, shall be considered of the most serious nature and punishable by twelve (12) months of jail and fined Five Thousand Dollar ($5,000).
Section 1.8 Civil Remedy -- Order of Protection
A. Availability of Petition.
1. A 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, or
c. The Tribal Prosecutor.
d. Any person acting in an official capacity in the protection of domestic violence survivors including but not limited to i.e., womens advocacy, adult case manager, therapist, and other associates staff, claiming to be victims of assault by a domestic violence perpetrators.
2. A petition shall allege the existence of domestic violence, and shall be verified or supported by an affidavit made under oath stating the specific facts and circumstances justifying the requested order.
3. A petition may be filed regardless of the pendency of any other civil or criminal proceeding related to the allegations in the petition.
4. No filing fee shall be required for the filing of a petition under this section. If an alleged perpetrator has been arrested for the offense of domestic violence, the Court or the arresting police officer shall advise the alleged victim of the right to file a petition under this section without cost.
5. 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; but the petition shall state whether any other action is pending between the petitioner or victim and the respondent.
6. Standard, simplified petition forms with instructions for completion shall be available to persons not represented by counsel. The Tulalip Police Department and the Tribal Court shall keep such forms and make them available upon request to victims of domestic violence.
B. Procedure for Issuance of an Order of Protection. Upon the filing of a petition for order of protection, the Court shall:
1. immediately grant an ex-parte order of protection without bond if, based on the specific facts stated in the affidavit or the verified petition, the Court has probable cause to believe that the petitioner or the person on whose behalf the petition has been filed is the victim of an act of domestic violence committed by the respondent, and issuance of the ex-parte order is necessary to protect the victim from further abuse.
2. cause an ex-parte order of protection, together with notice of hearing, to be served immediately on the respondent. Service must be made by posted notice if personal service cannot be completed within twenty-four (24) hours.
3. hold a hearing within fifteen (15) days after the granting of the ex-parte order of protection to determine whether the order should be vacated, extended for an additional fifteen (15) days, or modified in any respect.
4. If an ex-parte order is not granted, serve notice upon both parties to appear in Tribal Court and hold a hearing on the petition for order of protection within seventy-two (72) hours after the filing of the petition; if notice of hearing cannot be personally served within twenty four (24) hours, the parties shall be served by posted notice, and the Court shall hold a hearing on the petition within fifteen (15) days after the filing of the petition.
C. Contents of an Order of Protection. An ex-parte order of protection or an order of protection entered after notice and hearing shall, when deemed appropriate by the Court, include provisions:
1. Restraining the respondent from committing any acts of domestic violence.
4. Excluding the respondent from the residence of the victim, whether or not the respondent and the victim share that residence.
2. Restraining the respondent from any contact with the victim.
5. Awarding temporary custody or establishing temporary visitation rights with regard to minor children of the respondent on a basis which gives primary consideration to the safety of the claimed victim of domestic violence and the minor children.
a. In every proceeding where there is at issue a dispute as to the custody of a minor child, a determination by the Court that domestic or family violence has occurred raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic or family violence.
b. In every proceeding where there is at issue a dispute as to the custody of a minor child, a determination by the Court that domestic or family violence has occurred raises a rebuttable presumption that it is in the best interest of the child to reside with the parent who is not a perpetrator of domestic or family violence in the location of that parent's choice.
c. In every proceeding where there is at issue the modification of an order for custody or visitation of a minor child, the finding that domestic or family violence has occurred since the last custody determination constitutes a finding of a change in circumstances.
d. If the Court finds that the safety of the claimed victim or the minor children will be jeopardized by unsupervised or unrestricted visitation, the Court shall set forth conditions or restrict visitation as to the time, place, duration, or supervision, or deny visitation entirely, as needed, to guard the safety of the claimed victim and the minor children.
e. In determining custody and/or visitation, the Court must consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person.
f. If a parent is absent or relocated because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation.
g. Any temporary custody order shall provide for child support and temporary support for the person having custody of the children, in amounts deemed proper by the Court.
h. In a visitation order, the Court may:
1. order an exchange of a minor child to occur in a protected setting;
2. order that visitation be supervised by another person or agency;
3. order the perpetrator of domestic or family violence to attend and complete, to the satisfaction of the Court, a program of intervention for perpetrators or other designated counseling as a condition of the visitation;
4. order the perpetrator of domestic or family violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours preceding the visitation;
5. order the perpetrator of domestic or family violence to pay a fee to defray the cost of supervised visitation;
6. prohibit overnight visitation;
7. require a bond from the perpetrator of domestic or family violence for the return and safety of the minor child; and
8. impose any other condition that is deemed necessary to provide for the safety of the minor child, the victim of domestic or family violence, or other family or household member.
i. Whether or not visitation is allowed, the Court may order the address of the minor child and the victim to be kept confidential.
j. The Court may refer but must not order an adult who is a victim of domestic or family violence to attend counseling relating to the victim's status or behavior as a victim, individually or with the perpetrator of domestic or family violence, as a condition of receiving custody of a minor child or as a condition of visitation.
k. If the Court allows a family or household member to supervise visitation, the Court must establish conditions to be followed during visitation.
5. Ordering temporary guardianship with regard to an elderly or handicapped victim of domestic violence if necessary for the safety of the elderly or handicapped person.
6. Awarding temporary use and possession of property of the respondent.
7. Restraining one or both parties from transferring, encumbering, concealing, or disposing of property except as authorized by the Court and requiring that an accounting shall be made to the Court for all such transfers, encumbrances, dispositions, and expenditures.
8. Ordering the respondent to timely pay any existing debts of the respondent, including mortgage or rental payments, necessary to maintain the claimed victim in his/her residence.
9. Describing any prior orders of the Court relating to domestic matters which are superseded or altered by the order of protection.
10. Notifying the parties that the willful violation of any provision of the order constitutes contempt of court punishable by a fine or imprisonment or both and constitutes a violation of this Ordinance for which civil penalties may be assessed.
11. Ordering, in the Court's discretion, any other lawful relief as it deems necessary for the protection of any claimed or potential victim of domestic violence, including orders or directives to the Tulalip Police Department.
D. Duration and Modification of Order of Protection.
1. The provisions of the order shall remain in effect for the period of time stated in the order, not to exceed 6 months to a year unless extended by the Court at the request of any party or at the request of the Domestic Violence Program.
2. The Court in its discretion may upon request of either party or the Domestic Violence Program modify an order of protection.
Section 1.9 Service of Order of Protection
Orders of protection are to be served personally upon the respondent by a police officer. If the respondent cannot be located, the order will be mailed by certified mail to the respondent's last known address and upon application with the Court, notice will be posted.
Section 1.10 Assistance of the Police Department in Service or Execution of Order of Protection
When an order of protection is issued, upon request of the petitioner, the Court shall order the police to accompany and assist any claimed victim of domestic violence in taking possession of the claimed victim's residence or otherwise to assist in execution of the order.
Section 1.11 Firearms Disqualification
It shall be the purpose of this section to prohibit any person who has been convicted of a felony or misdemeanor offense of domestic violence/abuse, as defined under this Domestic Violence Ordinance, under tribal, state or federal law, or any person who is subject to an order of protection based upon a finding that the person represents a credible threat of violence to the victim, from possessing a firearm.
A. It shall be unlawful for any person to possess a firearm who:
1. Is subject to any court order from a court of competent jurisdiction that restrains such person from harassing, stalking or threatening a family or household member as defined in Section 1.2 or engaging in any other conduct that would place a family or household member in reasonable fear of bodily injury to the household or family member, except that this paragraph shall apply only to those orders that:
a. were issued after a hearing of which such person received actual notice and had the opportunity to participate; and,
b. includes a finding that such person represents a credible threat to the physical safety of such household or family member; or
c. by its terms explicitly prohibits the use, attempted use or threatened use of physical force against such household or family member.
2. Has been convicted in state, federal or tribal court of any crime involving domestic violence/abuse, as defined in Section 1.2 of this code, which involved the use or attempted use of physical force, or the threatened use of physical force, or the threatened use of a deadly weapon against a household or family member as defined at Section 1.2.
Violation of this Ordinance shall result in a maximum sentence. Any related domestic violence sentences for a violation of this section and any other section of the Tribal Domestic Violence Code shall be served consecutively.
Section 1.12 Right to Apply for Relief
A person's right to apply for relief under Section 1.7 of this Ordinance or to file a criminal complaint under Section 1.3 of this Ordinance shall not be affected by his/her leaving the residence or household to avoid abuse.
Section 1.13 Domestic Violence Leave Act
Victims of domestic violence are oftentimes forced to flee from a perpetrator in order to avoid future danger and violence. In so fleeing victims who are employed frequently miss days of employment and employers respond by terminating or disciplining such employees. It is the purpose of this Ordinance to preclude all reservation employers from terminating any employee who can timely document an instance of domestic abuse which contributed to his/her absence from employment. Employers have the option of granting such employees leave with pay or leave without pay because of domestic violence related absences. Absences not to exceed twelve (12) weeks.
A. Discharges for Absence of Employment Due to Domestic Violence Prohibited. It shall be a violation of this ordinance for any employer located within the exterior boundaries of the Tulalip reservation to terminate or otherwise discipline any employee who has missed work or is tardy to work when such employee demonstrates, either through the filing of criminal or civil proceedings in a court of law or by such other method satisfactory to the employer, that he/she has been the victim of domestic violence and that such violence contributed to his/her absence(s) from work or tardiness to work. In lieu of disciplinary action, the employer shall grant the employee leave with or without pay, dependent upon the policies of the employer, for such absences.
B. Penalty for Violation. Any employer who willfully violates this section shall be subject to a civil penalty of $500.00 payable to the Tribe in addition to any other remedies the wrongfully discharged employee may have against the employer. Nothing in this section shall preclude a private party from commencing a wrongful termination action against an employer for violation of this section.
Section 1.14 Copy to Law Enforcement Agency
Each order of protection granted pursuant to Section 1.6 of this Ordinance and each order issued under Section 1.6(A) of this Ordinance shall be forwarded by the Clerk of Courts immediately to the Tulalip Police Department. The Police Department shall make available to each officer information as to the existence and status of any such orders.
Section 1.15 Violation of Court Orders -- Mandatory Arrest
A. Willful violation of an order issued under Section 1.8 of this Ordinance shall constitute contempt of court punishable as provided in the Tulalip Tribal Code.
B. A police officer shall arrest without a warrant and take into custody any person who the police officer has probable cause to believe has willfully violated an order issued under Section 1.8 of this Ordinance.
C. All provisions of an order issued under Section 1.8 of this Ordinance shall remain in full force and effect until the order terminates or is modified by the Court. Violation of the order, including any prohibition against entering a residence, is not excused by the consent or permission of the alleged victim or any other person.
D. Any person who knowingly violates an order issued under Section 1.8 of this Ordinance may, after notice and hearing, be assessed a civil penalty in an amount not to exceed $500.
Section 1.16 Reporting Domestic Violence
A. Any physician, nurse, school teacher, psychologist, social worker, probation officer, community health representative, or any other person knowing or suspecting that domestic violence is occurring and believes the victim is at imminent risk shall report the matter orally and immediately by telephone or otherwise to the Tulalip Police Department Dispatcher.
B. Any person, including individuals, corporations, governmental entities and their agents, who in good faith makes or participates in the making of a report pursuant to this section shall have immunity from any liability, civil or criminal, which might otherwise arise from making that report, and shall have the same immunity with respect to participation in any court proceeding resulting from such a report.
C. Any person who shall make a report of domestic violence knowing that the facts reported are false or misleading, and the report causes the arrest of the person identified in the report, shall be deemed guilty of an offense, and upon conviction thereof shall be sentenced to confinement not to exceed six months and/or to a fine not to exceed $500 or to both such confinement and fine.
D. Any person who shall make a report of domestic violence knowing that the facts reported are false or misleading may, after notice and hearing, be assessed a civil penalty in an amount not to exceed $500.
E. Mandatory reporter who fails, neglects, or refuses to report acts of domestic violence against a vulnerable victim known to him/her may, after notice and hearing, be assessed a civil penalty in an amount not to exceed $500.
Section 1.17 Duties of Indian Child Welfare Department
A. In performing its duty to investigate pursuant to the Tulalip Juvenile Code, the Indian Child Welfare Program, beda?chelh shall develop written procedures for screening each referral for abuse or neglect of a child to assess whether abuse of another family or household member is also occurring. The assessment must include, but is not limited to:
1. inquiry concerning the criminal record of the parents, and the alleged abusive or neglectful person and the alleged perpetrator of domestic or family violence, if not a parent of the child; and
2. inquiry concerning the existence of orders for protection issued to either parent.
a. If it is determined in an investigation of abuse or neglect of a child that the child or another family or household member is in danger of domestic or family violence and that removal of one of the parties is necessary to prevent the abuse or neglect of the child, Indian Child Welfare must seek the removal of the alleged perpetrator of domestic or family violence whenever possible.
b. If it is determined in an investigation of abuse or neglect of a child that a parent of the child is a victim of domestic or family violence, services must be offered to the victimized parent and the provision of such services must not be contingent upon a finding that either parent is at fault or has failed to protect the child.
Section 1.18 Prevention and Intervention
A. The Tulalip Domestic Violence Program serving domestic violence survivors shall create a committee to create a public health plan for reducing domestic violence which will:
1. Assess the impact of domestic violence on the public's health; and
2. Write a public health plan for reducing the incidence of domestic violence within the tribal community.
B. The public health plan:
1. Must include but is not limited to public education, including use of the various communication media to set forth the public health perspective on domestic violence.
2. Must be developed in consolation with public and private agencies that provide programs for victims of domestic violence, advocates for victims, and persons who have demonstrated expertise and experience in providing health care to victims of domestic violence and their children.
3. Must be completed within 120 days of the enactment of the Domestic Violence Code.
C. The Committee shall:
1. Transmit a copy of the public health plan to the Tulalip Board of Directors; and
2. Annually review and update the plan.
Section 1.19 Liability
No police officer shall be held criminally or civilly liable for making an arrest authorized by this Ordinance, provided he/she acted in good faith and without malice.
Section 1.20 Severability
If any part or parts, or the application of any part, of this Ordinance is held invalid, such holding shall not affect the validity of the remaining parts of this Ordinance. The Tulalip Board of Directors hereby declares that it would have passed the remaining parts of this Ordinance even if it had known that such part or parts of application of any part thereof would be declared invalid.
Section 1.21 Full Faith and Credit Clause
A foreign protection order is valid if the issuing court had jurisdiction over the parties and matter under the law of the state, territory, possession, tribe, or United States military tribunal. There is a presumption in favor of validity where an order appears authentic on its face.
A person under restraint must be given reasonable notice and the opportunity to be heard before the order of the foreign state, territory, possession, tribe, or United States military tribunal was issued, provided, in the case of ex parte orders, notice and opportunity to be heard was given as soon as possible after the order was issued, consistent with due process.
A. A person entitled to protection who has a valid foreign protection order may file that order by presenting a certified, authenticated, or exemplified copy of the foreign protection order to a clerk of the Tulalip Tribal Court. Any out-of-state department, agency, or court responsible for maintaining protection order records, may by facsimile or electronic transmission send a reproduction of the foreign protection order to the clerk of the Court as long as it contains a facsimile or digital signature by any person authorized to make such transmission.
B. Filing of a foreign protection order with a court and entry of the foreign protection order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants are not prerequisites for enforcement of the foreign protection order.
C. The court shall accept the filing of a foreign protection order without a fee or cost.
D. The clerk of the court shall provide information to a person entitled to protection of the availability of domestic violence, sexual abuse, and other services to victims in the community.
E. The clerk of the court shall assist the person entitled to protection in completing an information form that must include, but need not be limited to, the following:
a. The name of the person entitled to protection and any other protected parties;
b. The name and address of the person who is subject to the restraint provisions of the foreign protection order;
c. The date the foreign protection order was entered;
d. The date the foreign protection order expires;
e. The relief granted under......... (specify the relief awarded and citations thereto, and designate which of the violations are arrestable offenses);
f. The judicial district and contact information for court administration for the court in which the foreign protection order was entered;
g. The social security number, date of birth, and description of the person subject to the restrain provisions of the foreign protection order;
h. Whether the person who is subject to the restraint provisions of the foreign protection order is believed to be armed and dangerous;
i. Whether the person who is subject to the restraint provisions of the foreign protection order was served with the order, and if so, the method used to serve the order;
j. The type and location of any other legal proceedings between the person who is subject to the restraint provisions and the person entitled to protection.
k. An inability to answer any of the above questions does not preclude the filing or enforcement of a foreign protection order.
6. The clerk of the court shall provide the person entitled to protection with a copy bearing proof of filing with the court.
7. Any assistance provided by the clerk under this section does not constitute the practice of law. The clerk is not liable for any incomplete or incorrect information that he or she is provided.
Section 1.22 Transmittal of Filed Foreign Protection Orders to Law Enforcement Agency
A. The clerk of the court shall forward a coy of a foreign protection order that is filed under this Ordinance on or before the next judicial day to the Tulalip Tribes Chief of Police and county sheriff along with the completed information form. The clerk may forward the foreign protection order to the County Sheriff by facsimile or electronic transmission. Upon receipt of a filed foreign protection order, the Chief of Police shall immediately enter the foreign protection order into any computer-based criminal intelligence information system available listing outstanding warrants. The foreign protection order must remain in the computer for the period stated in the order. The Chief of Police shall only expunge from the computer-based criminal intelligence information system foreign protection orders that are expired, vacated, or superseded. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the foreign protection order. The foreign protection order is fully enforceable in any county in the state.
B. The information entered in other computer-based criminal intelligence information system must include, if available, notice to law enforcement whether the foreign protection order was served and the method of service.
Section 1.23 Peace Officer Immunity
A peace officer or a peace officers legal advisor may not be held criminally or civilly liable for making an arrest under this chapter if the peace officer or the peace officers legal advisor acted in good faith and without malice.
Section 1.24 Fees Not Permitted
A public agency may not charge a fee for filing or preparation of certified, authenticated, or exemplified copies to a person entitled to protection who seeks relief under this chapter or to a foreign prosecutor or a foreign law enforcement agency seeking to enforce a protection order. A person entitled to protection and foreign prosecutors or law enforcement agencies must be provided the necessary number of certified, authenticated, or exemplified copies at no cost.
Section 1.25 Violation of Foreign Orders
A. Whenever a foreign protection order is granted to a person entitled to protection and the person under restraint knows of the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the person under restraint from a residence, workplace, school, or day care, or a violation of any provision for which the foreign protection order specifically indicates, that violation will be a crime. Upon conviction, and in addition to any other penalties provided by law, the Court may require the person under restraint to submit to electronic monitoring. The court shall specify who will provide the electronic monitoring services, and the terms under which the monitoring will be performed. The order also may include a requirement that the person under restraint pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.
B. A peace officer shall arrest without a warrant and take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint from contacting or communicating with another person, or a provision that excludes the person under restraint from a residence, workplace, school, or day care, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime. Presence of the order in the law enforcement computer based criminal intelligence information system is not the only means of establishing knowledge of the order.
Section 1.26 Child Custody Disputes
A. Any disputes regarding provisions in foreign protection orders dealing with custody of children, residential placement of children, or visitation with children shall be resolved judicially. The proper venue and jurisdiction for such judicial proceedings shall be determined in accordance with chapter 26.27 RCW and in accordance with the Parental Kidnapping Prevention Act, 28 U.S.C. 1738A.
B. A peace officer shall not remove a child from his or her current placement unless:
1. A writ of habeas corpus to produce the child has been issued by a superior court of this state; or
2. There is probable cause to believe that the child is abused or neglected and the child would be injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050.
Section 1.27 Sovereign Immunity
Nothing in this Charter shall be deemed a waiver of the sovereign immunity of the Tulalip Tribes for any purpose whatsoever.
Section 1.28 Amendments
This Ordinance may be recommended for amendment by a majority of the Health Commission present at any regular or special meeting, provided that at least ten (10) days written notice is given of the intention to consider amendment to the Ordinance. If passed, a recommendation for amendment shall be forwarded to the Board of Directors for approval and adoption as set forth below.