The Menominee Indian Tribe of Wisconsin, recognizing the fact
that domestic violence is not a part of our traditional values and
culture, enacts this article for the purpose of combating domestic
violence on the Menominee Indian Reservation. This article is both
a penalty enhancer which attaches to an underlying crime committed
under domestic violence conditions and designed to provide increased
protections for the victims.
This article shall be titled "Domestic Violence."
As used in this article, the following terms shall have the
meanings indicated:
DATING RELATIONSHIP
A romantic or intimate social relationship between two individuals
17 years of age or older, but "dating relationship" does not include
a casual relationship or an ordinary fraternization between two individuals
in a business or social context. A court shall determine if a dating
relationship existed by considering the length of the relationship,
the type of the relationship, and the frequency of the interaction
between the individuals involved in the relationship.
DOMESTIC VIOLENCE or DOMESTIC ABUSE
Any one or more of the following engaged in by a person 17
or older against his or her spouse or former spouse, against a person
17 or older whom the person resides with or formerly resided with,
against a person 17 or older whom the person has created a child with
or against a person age 17 and older whom the individual has been
involved with in an intimate or dating relationship:
A.
Intentional infliction of physical pain, physical injury, or
illness.
B.
Intentional impairment of physical condition.
C.
Any action and/or statement that may cause the other person
reasonably to fear imminent engagement in the conduct described in
this section.
FIREARM
A weapon that acts by force of gunpowder to fire a projectile,
regardless of whether it is inoperable due to disassembly, and includes
but is not limited to any rifle, shotgun, or handgun.
HANDGUN
Any weapon designed or redesigned, or made or remade, and
intended to be fired while held in one hand and to use the energy
of an explosive to expel a projectile through a smooth or rifled bore.
LAW ENFORCEMENT OFFICER
Any member of the Menominee Tribal Police Department, the
Menominee Tribal Conservation Warden, or other bona fide peace officer
acting within his official capacity.
PREDOMINATE AGGRESSOR
In a domestic violence incident, when the responding law
enforcement officer receives complaints from two or more opposing
persons, the officer shall use the following factors to evaluate each
complaint separately and determine who the predominate aggressor is:
the injuries to the parties involved, the presence of defensive injuries
to the parties involved, past history of domestic abuse by either
party, the severity of harm/violence in the incident, and the difference
in power maintained by either party during the incident.
RIFLE
A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder or hip and designed or redesigned and
made or remade to use the energy of a propellant in a fixed shotgun
shell to fire through a rifled bore either a number of ball shot or
a single projectile for each single pull of the trigger.
SHOTGUN
A weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder or hip and designed or redesigned and
made or remade to use the energy of a propellant in a fixed shotgun
shell to fire through a smooth or rifled bore either a number of ball
shot or a single projectile for each single pull of the trigger.
The fee for obtaining a restraining order under §
368-29B shall be waived by the Court or assessed to the accused.
The penalties for violating the provisions of a restraining order imposed as a result of an action arising out of this article shall be in accordance with Chapter
290, Article
VI, Harassment, §
290-20, Violations and penalties, of this Code.
The Menominee tribal jail shall notify the on-call domestic
violence advocate prior to the release of any person arrested under
this article. The on-call advocate shall make reasonable outreach
to the victim as soon as he or she is notified of the release of the
person arrested in order to assess the safety of the victim and children
and provide emergency shelter if needed.