Nottawaseppi Huron Band of the Potawatomi, MI Domestic Violence

Nottawaseppi Huron Band of the Potawatomi, MI

Calhoun County

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Table of Contents

Table of Contents

The Constitution
Ch C Constitution
Titles
Title I: Government Operations
Ch 1.1 Bylaws of the Tribal Council
Ch 1.2 Government Records; Public Access
Ch 1.3 Utility Code
Ch 1.4 Tribal Seal Use
Title II: Membership
Ch 2.1 Enrollment
Ch 2.2 Bereavement Benefit Program
Title III: Elections
Ch 3.1 Elections
Title IV: Economic Development
Ch 4.1 Secured Transactions
Ch 4.2 Limited Liability Companies
Title V: Employment
Ch 5.1 Indian Preference in Employment
Ch 5.2 Fair Tribal Employment Practices
Ch 5.3 Labor Relations
Ch 5.4 Indian Preference in Contracting
Title VI: Environment
Ch 6.1 Hunting and Trapping
Ch 6.2 Soil Erosion and Sediment Control
Ch 6.3 Solid Waste Disposal
Ch 6.4 Forest Protection and Timber Harvesting
Title VII: Family
Ch 7.1 Elderly Services and Protection
Ch 7.2 Guardianship and Conservatorship
Ch 7.3 Juvenile Justice
Ch 7.4 Domestic Violence
Ch 7.4 Art I Short Title
§ 7.4-1 Short title.
Ch 7.4 Art II Purpose and Goals
§ 7.4-2 Purpose.
§ 7.4-3 Legislative findings.
Ch 7.4 Art III Bode'wadmi Traditions and Values
§ 7.4-4 Custom and tradition policy.
§ 7.4-5 Women and other persons within Tribe.
§ 7.4-6 Noeg Meshomsenanek Kenomagewenen: Seven Grandfather Teachings.
§ 7.4-7 Acknowledgments.
Ch 7.4 Art IV Definitions
§ 7.4-8 Definitions.
Ch 7.4 Art V Jurisdiction
§ 7.4-9 Domestic Violence Court.
§ 7.4-10 General jurisdiction.
§ 7.4-11 Special domestic violence criminal jurisdiction.
§ 7.4-12 Special jurisdiction; criminal conduct applicable.
Ch 7.4 Art VI Criminal Procedure
§ 7.4-13 Statute of limitations.
§ 7.4-14 Nonwaiver of sovereign immunity.
§ 7.4-15 Reporting domestic and family violence; duty to warn.
§ 7.4-16 Immunity from liability.
Ch 7.4 Art VII Power and Duties of Law Enforcement
§ 7.4-17 Law enforcement duties to victims.
§ 7.4-18 Duty to preserve evidence.
§ 7.4-19 Arrest.
§ 7.4-20 Emergency criminal no-contact order.
§ 7.4-21 Violations of conditions of release.
§ 7.4-22 Duty to expedite service of protection orders.
§ 7.4-23 Authority to seize and hold weapons.
§ 7.4-24 Arrest without warrant for violations of civil protection orders or criminal no-contact orders.
§ 7.4-25 Law enforcement records on domestic violence or family violence to be identifiable.
§ 7.4-26 Liability of law enforcement officers.
§ 7.4-27 Officials who batter.
Ch 7.4 Art VIII Power and Duties of Court
§ 7.4-28 Victim confidentiality.
§ 7.4-29 Pretrial and release conditions.
§ 7.4-30 Special Court rules for domestic violence or family violence crimes.
§ 7.4-31 Judgments and convictions.
§ 7.4-32 Additional conditions for crimes involving domestic violence or family violence.
§ 7.4-33 Factors to consider in sentencing.
§ 7.4-34 Witness testimony.
Ch 7.4 Art IX Criminal Actions and Remedies
§ 7.4-35 Domestic violence or family violence sentencing designation.
§ 7.4-36 Habitual domestic violence or family violence offender.
§ 7.4-37 Interfering with reporting of domestic violence or family violence.
§ 7.4-38 Interfering with prosecution of domestic violence or family violence.
§ 7.4-39 Powers and duties of Prosecutor.
§ 7.4-40 Violation of no-contact order; penalties.
§ 7.4-41 Violation of domestic violence protection order; penalties.
§ 7.4-42 Crime of stalking.
§ 7.4-43 Advocates present during prosecution or defense interviews.
§ 7.4-44 Victim rights.
§ 7.4-45 Assaulting NHBP staff or safe house staff.
§ 7.4-46 Probation; modifications of conditions.
§ 7.4-47 Written statement of conditions.
§ 7.4-48 Violations by juveniles; arrest.
Ch 7.4 Art X Civil Protection Orders
§ 7.4-49 Civil protection order; purpose.
§ 7.4-50 Persons authorized to file.
§ 7.4-51 Petition for protection order or modification.
§ 7.4-52 Procedure for issuance of protection order.
§ 7.4-53 Contents of protection order.
§ 7.4-54 Duration of permanent protection order and modification.
§ 7.4-55 Service of temporary protection order.
§ 7.4-56 Copy to Police Department and other jurisdictions.
§ 7.4-57 Penalties for violation of protection order.
Ch 7.4 Art XI Special Rules of Court and Other Matters
§ 7.4-58 Secure waiting area.
§ 7.4-59 Fees not permitted.
§ 7.4-60 Child custody disputes.
§ 7.4-61 Mediation not allowed.
§ 7.4-62 Domestic Violence Leave Act; purpose.
§ 7.4-63 Discharges for absence of employment due to domestic violence prohibited.
§ 7.4-64 Penalty for violation.
§ 7.4-65 Firearms disqualification; purpose.
Ch 7.4 Art XII Criminal Protection Orders
§ 7.4-66 Full faith and credit clause.
§ 7.4-67 Recognition and enforcement of foreign court judgments.
§ 7.4-68 Transmittal of filed foreign protection orders to law enforcement agency.
§ 7.4-69 Violation of foreign orders.
§ 7.4-70 Police/peace officer immunity.
§ 7.4-71 Harassment; purpose.
§ 7.4-72 Harassment protection order.
§ 7.4-73 Petition for harassment protection order.
§ 7.4-74 Contents of petition for harassment protection order.
§ 7.4-75 Harassment protection order ex parte; temporary harassment protection order.
§ 7.4-76 Permanent harassment protection order.
§ 7.4-77 Notice to local law enforcement agencies; enforceability.
§ 7.4-78 Contempt and violation of harassment protection order; penalties.
§ 7.4-79 Sexual assault protection order; purpose.
§ 7.4-80 Persons authorized to file.
§ 7.4-81 Petition for sexual assault protection order.
§ 7.4-82 Emergency sexual assault protection order ex parte.
§ 7.4-83 Appointment of counsel.
§ 7.4-84 Permanent sexual assault protection order.
§ 7.4-85 Request for reconsideration or modification.
§ 7.4-86 Sexual assault protection orders; personal jurisdiction; nonresident individuals.
§ 7.4-87 Penalties for violation of sexual assault protection order.
Ch 7.4 Art XIII Severability and Savings
§ 7.4-88 Severability.
§ 7.4-89 Savings.
Ch 7.5 Children's Protection
Ch 7.6 Mental Health
Title VIII: Judiciary; Law and Order
Ch 8.1 Recognition and Enforcement of Foreign Judgments
Ch 8.2 Implementing Procedures for Recognition and Enforcement of Foreign Judgments
Ch 8.3 Arbitration
Ch 8.4 Liquor Control
Ch 8.5 Gaming
Ch 8.6 Criminal Laws
Ch 8.7 Sex Offender Registration
Ch 8.8 Criminal Procedure
Ch 8.9 Civil Infractions
Ch 8.10 Motor Vehicles
Ch 8.11 Police Department
Ch 8.12 Animal Control
Ch 8.13 Solicitors
Ch 8.14 Fireworks
Ch 8.15 Tobacco Products and Tobacco Use
Ch 8.16 Exclusion
Ch 8.17 Per Capita Payment Garnishment
Ch 8.18 Liability for Emergency Care
Ch 8.19 Appointment of Pro Tem Judges and Justices
Ch 8.20 Jury Trials; Jury Selection
Ch 8.21 Probate
Title IX: Land; Housing
Ch 9.1 Real Property Acquisition
Ch 9.2 Construction and Health Codes
Ch 9.3 Residential Lot Leasing and Leasehold Mortgage Program
Ch 9.4 Rental Housing
Ch 9.5 Down Payment Assistance
Ch 9.6 Unsafe Building Code
Title X: Tax
Ch 10.1 Tax Agreement
Ch 10.2 Tax Compliance Act
Ch 10.3 Retail Sales and Food and Beverage Tax
Ch 10.4 Sale of Tobacco Products
Ch 10.5 Tax-Exempt Motor Fuels
Ch 10.6 Convention and Tourism Tax
Ch 10.7 Lodging and Occupancy Use Tax
Title XI: Tribal Charter Instrumentalities
Ch 11.1 Firekeepers Development Authority Charter
Ch 11.2 Bkedé o Mshiké General Store Charter
Title XII: General Provisions
Ch 12.1 Adoption of Tribal Code
Legislative Histories Index
Ch LH Legislative Histories Index
Derivation Table
Ch DT Derivation Table
Disposition List
Ch DL Disposition List

Chapter 7.4: Domestic Violence

[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 3-17-2016 by Res. No. 03-17-16-05. Amendments noted where applicable.]

Chapter 7.4 : Domestic Violence

Article I Short Title

§ 7.4-1 Short title.

Article II Purpose and Goals

§ 7.4-2 Purpose.

§ 7.4-3 Legislative findings.

Article III Bode'wadmi Traditions and Values

§ 7.4-4 Custom and tradition policy.

§ 7.4-5 Women and other persons within Tribe.

§ 7.4-6 Noeg Meshomsenanek Kenomagewenen: Seven Grandfather Teachings.

§ 7.4-7 Acknowledgments.

Article IV Definitions

§ 7.4-8 Definitions.

Article V Jurisdiction

§ 7.4-9 Domestic Violence Court.

§ 7.4-10 General jurisdiction.

§ 7.4-11 Special domestic violence criminal jurisdiction.

§ 7.4-12 Special jurisdiction; criminal conduct applicable.

Article VI Criminal Procedure

§ 7.4-13 Statute of limitations.

§ 7.4-14 Nonwaiver of sovereign immunity.

§ 7.4-15 Reporting domestic and family violence; duty to warn.

§ 7.4-16 Immunity from liability.

Article VII Power and Duties of Law Enforcement

§ 7.4-17 Law enforcement duties to victims.

§ 7.4-18 Duty to preserve evidence.

§ 7.4-19 Arrest.

§ 7.4-20 Emergency criminal no-contact order.

§ 7.4-21 Violations of conditions of release.

§ 7.4-22 Duty to expedite service of protection orders.

§ 7.4-23 Authority to seize and hold weapons.

§ 7.4-24 Arrest without warrant for violations of civil protection orders or criminal no-contact orders.

§ 7.4-25 Law enforcement records on domestic violence or family violence to be identifiable.

§ 7.4-26 Liability of law enforcement officers.

§ 7.4-27 Officials who batter.

Article VIII Power and Duties of Court

§ 7.4-28 Victim confidentiality.

§ 7.4-29 Pretrial and release conditions.

§ 7.4-30 Special Court rules for domestic violence or family violence crimes.

§ 7.4-31 Judgments and convictions.

§ 7.4-32 Additional conditions for crimes involving domestic violence or family violence.

§ 7.4-33 Factors to consider in sentencing.

§ 7.4-34 Witness testimony.

Article IX Criminal Actions and Remedies

§ 7.4-35 Domestic violence or family violence sentencing designation.

§ 7.4-36 Habitual domestic violence or family violence offender.

§ 7.4-37 Interfering with reporting of domestic violence or family violence.

§ 7.4-38 Interfering with prosecution of domestic violence or family violence.

§ 7.4-39 Powers and duties of Prosecutor.

§ 7.4-40 Violation of no-contact order; penalties.

§ 7.4-41 Violation of domestic violence protection order; penalties.

§ 7.4-42 Crime of stalking.

§ 7.4-43 Advocates present during prosecution or defense interviews.

§ 7.4-44 Victim rights.

§ 7.4-45 Assaulting NHBP staff or safe house staff.

§ 7.4-46 Probation; modifications of conditions.

§ 7.4-47 Written statement of conditions.

§ 7.4-48 Violations by juveniles; arrest.

Article X Civil Protection Orders

§ 7.4-49 Civil protection order; purpose.

§ 7.4-50 Persons authorized to file.

§ 7.4-51 Petition for protection order or modification.

§ 7.4-52 Procedure for issuance of protection order.

§ 7.4-53 Contents of protection order.

§ 7.4-54 Duration of permanent protection order and modification.

§ 7.4-55 Service of temporary protection order.

§ 7.4-56 Copy to Police Department and other jurisdictions.

§ 7.4-57 Penalties for violation of protection order.

Article XI Special Rules of Court and Other Matters

§ 7.4-58 Secure waiting area.

§ 7.4-59 Fees not permitted.

§ 7.4-60 Child custody disputes.

§ 7.4-61 Mediation not allowed.

§ 7.4-62 Domestic Violence Leave Act; purpose.

§ 7.4-63 Discharges for absence of employment due to domestic violence prohibited.

§ 7.4-64 Penalty for violation.

§ 7.4-65 Firearms disqualification; purpose.

Article XII Criminal Protection Orders

§ 7.4-66 Full faith and credit clause.

§ 7.4-67 Recognition and enforcement of foreign court judgments.

§ 7.4-68 Transmittal of filed foreign protection orders to law enforcement agency.

§ 7.4-69 Violation of foreign orders.

§ 7.4-70 Police/peace officer immunity.

§ 7.4-71 Harassment; purpose.

§ 7.4-72 Harassment protection order.

§ 7.4-73 Petition for harassment protection order.

§ 7.4-74 Contents of petition for harassment protection order.

§ 7.4-75 Harassment protection order ex parte; temporary harassment protection order.

§ 7.4-76 Permanent harassment protection order.

§ 7.4-77 Notice to local law enforcement agencies; enforceability.

§ 7.4-78 Contempt and violation of harassment protection order; penalties.

§ 7.4-79 Sexual assault protection order; purpose.

§ 7.4-80 Persons authorized to file.

§ 7.4-81 Petition for sexual assault protection order.

§ 7.4-82 Emergency sexual assault protection order ex parte.

§ 7.4-83 Appointment of counsel.

§ 7.4-84 Permanent sexual assault protection order.

§ 7.4-85 Request for reconsideration or modification.

§ 7.4-86 Sexual assault protection orders; personal jurisdiction; nonresident individuals.

§ 7.4-87 Penalties for violation of sexual assault protection order.

Article XIII Severability and Savings

§ 7.4-88 Severability.

§ 7.4-89 Savings.