10.1.7.040 ROLE OF THE COURT IN REGARD TO MANDATORY ARRESTS AND EXCLUSIONS

A. Anyone arrested under this Act shall be held without bond until arraignment except for non-Indians. If the Defendant is a non-Indian, then the Court shall issue a temporary order of exclusion from the Pueblo pending a final disposition of the matter; provided, that after the Defendant is afforded notice, a hearing, and an opportunity to present witnesses and other evidence in his or her defense, if the Court finds that the Defendant has violated this Act, then the Court shall issue a mandatory order of exclusion from the Pueblo for a term of no less than five years or for a longer term as determined by the Court.

B. When the Defendant is arraigned, if the Defendant enters a plea other than guilty, an advocate for the Elder may assist the Elder with the preparation of a request for an Order of Protection to temporarily exclude the Defendant from the home and/or other locations and restraining the Defendant from any contact with the Elder. If the Defendant pleads guilty, the Court shall order a pre-sentence investigation to be completed, and the Elder may, either personally, through an attorney, or through the Adult Care Services Worker, communicate his/her concerns to the Court.