As used in this code, the following terms shall have the meanings
given below:
The intentional infliction of physical harm, bodily injury,
emotional abuse, 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 NHBP Law and Order Code.
A person who is employed to provide services to victims of
domestic violence and/or sexual assault or who volunteers to do so
after receiving training, and is bound by confidentiality policies.
Domestic violence, as defined by this chapter, which also
involves one or more of the following elements:
A dangerous weapon was used during the commission of the domestic
violence;
Strangulation of the victim occurred during the domestic violence;
The domestic violence caused an injury which required medical
treatment; or
The victim suffered a traumatic brain injury.
[Amended 4-21-2016 by Res. No. 04-21-16-04]
An act which places another in fear of an immediate battery
by a person who had the ability to commit the battery, appeared to
have the ability to commit the battery, or believed he/she had the
ability to commit the battery.
Is a forceful, violent, or offensive touching of a person
or something closely associated with a person, done with the intent
to commit battery or place another in fear of battery. The act must
be intentional, not accidental, and must be done against the victim's
will. It does not matter whether the touching caused an injury.
Consecutive days of the year, excluding recognized holidays.
To restrain, compel, persuade, or dominate by force or threat.
Includes but is not limited to:
Repeatedly coming into and/or remaining in the visual or physical
presence of the victim;
Following the victim;
Waiting outside the home, property, place of work or school
of the victim;
Sending or making written communications in any form, including
text messaging, instant messaging, and social media, to the victim;
Speaking with the victim by any means, including leaving a voicemail
message;
Communicating with the victim through a third person;
Committing a crime against the victim;
Communicating with a third person who has some relationship
to the victim with the intent of impacting the third person's
relationship with that victim;
Communicating with business entities with the intent of affecting
some right or interest of the victim;
Damaging the victim's home, property, place of work or
school; or
Delivering directly or through a third person any object to
the home, property, place of work or school of the victim.
A pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
The NHBP Tribal Court.
A social relationship of a romantic or intimate nature. In
determining whether parties have a dating relationship, the trier
of fact shall consider:
An assault and/or a battery committed by a current or former
spouse, an intimate partner, an individual with whom the victim has
a child in common, or an individual with whom the victim has or has
had a dating relationship.
Making or attempting to make an individual financially dependent
by maintaining control over financial resources, withholding access
to money, or forbidding attendance at school or employment.
A person 50 or more years old.
Any form of expression or exchange of information by speech,
photographs or written form using electronic means. Electronic communication
includes, but is not limited to, communication via telephone, facsimile,
electronic mail, social media and other electronic forms.
Monitoring the behavior, activities, or whereabouts by electronic
means.
In this code, a reaction such as anguish, grief, fright,
humiliation, or fury.
Those items necessary for a person's health, welfare
and livelihood.
In this code, means that only the requesting party is heard
by the Court, and that notice and an opportunity to contest the facts
are not available to the party adversely affected by the Court's
action until after the Court has taken action.
The same or similar acts as defined as domestic violence,
but are directed towards a family or household member instead of an
intimate partner. The dynamics of power and control may, or may not,
be present.
Any handgun, rifle, shotgun, machine gun, automatic or semi-automatic
rifle, or any gun, device or instrument in the nature of a weapon
constructed to include any weapon from which a dangerous projectile
may be propelled by using explosives, gas or air as a means of propulsion,
except any smooth bore rifle or handgun designed and manufactured
exclusively for propelling BBs not exceeding .177 caliber by means
of spring, gas or air.
An injunction or other order related to domestic violence
or family violence, harassment, sexual abuse, or stalking, for the
purpose of preventing violent or threatening acts or harassment against,
or contact or communication with, or physical proximity to another
person, issued by a court of another state, territory, or possession
of the United States, the Commonwealth of Puerto Rico, the District
of Columbia, any United States military tribunal, or a Tribal Court,
in a civil or criminal action.
A spouse, parent, child, sibling, live-in partner, or any
other person who regularly resides in the household or who in the
past regularly resided in the household.
All land within the limits of any Indian reservation under the
jurisdiction of the United States government, notwithstanding the
issuance of any patent, and including rights-of-way running through
the reservation;
All dependent Indian communities within the borders of the United
States whether within the original or subsequently acquired territory
thereof, and whether within or without the limits of a state;
All Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same; and
The territory of the Band shall encompass the Band's historical
land base known as the Pine Creek Reservation in Athens Township,
Michigan, and all lands now held or hereafter acquired by or for the
Band, or held in trust for the Band by the United States, including
lands in which rights have been reserved or never ceded by the Nottawaseppi
Huron Band of the Potawatomi in previous treaties, or as may otherwise
be provided under federal law. This includes lands upon which FireKeepers
Casino and Hotel is located.
Any person under the age of 18 years of age.
A Court order issued pursuant to a criminal case that prohibits
a criminal defendant from having contact with the victim.
The person who has committed an act of domestic violence
or family violence. The perpetrator may also be referred to as "defendant"
in a criminal case or "respondent" in a civil case.
Any person employed or commissioned as a police or law enforcement
officer by the NHBP, Calhoun County, State of Michigan, any agency
of the federal government, or any law enforcement agency having jurisdiction
within the NHBP Indian Reservation, including non-Tribally deputized
officers who may make arrests on the Reservation.
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
code, 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.
A temporary or permanent civil or criminal Court order, injunction,
restraining order, or other order related to domestic violence or
family violence, harassment, sexual abuse, or stalking, granted for
the purpose of preventing violent or threatening acts or harassment
against, or contact or communication with, or physical proximity to,
another person, who is a victim or alleged victim of domestic violence
or family violence, dating violence, sexual assault or stalking; and
Includes any temporary or final order issued by a civil or criminal
court, whether obtained by filing an independent action or as part
of another or pending Court proceeding, if the civil or criminal order
was issued in response to a complaint, petition, or motion filed by
or on behalf of a person seeking protection.
Two or more times.
A safe home/safe house that provides temporary refuge and
other services on a twenty-four-hour, seven-days-per-week basis, to
victims of domestic violence and their children.
A public or private institution of learning or a child care
facility.
The United States Department of Interior's administrative
designation of Allegan, Barry, Branch, Calhoun, Kalamazoo, Kent, and
Ottawa Counties.
A specific type of damage to the brain that is caused by
external physical force and is not present at birth or degenerative.
A blow, or blows, to the head, shaking of the brain, loss of oxygen
(anoxia), colliding with a stationary object and exposure to blasts
can cause TBI. Based on this definition, the use of physical force
by a spouse or an intimate partner during incidents of domestic violence
can cause traumatic brain injury as abusive partners often cause injury
to a victim's head, neck (including strangulation), and to his
or her face.
A state or tribally certified program for abusers in which
they are held accountable for their abusive actions and/or controlling
behavior and in which their belief systems are sought to be changed
that adopts at a minimum the Michigan Batterer Intervention Standards,
June 1998.
Any instrument, firearm, article, or substance which, regardless
of its primary function, is readily capable of being used to produce
death or serious bodily harm. This includes a dirk; dagger; stiletto;
a double-edged nonfolding stabbing instrument of any length; any knife
having the appearance of a pocket knife, the blade or blades of which
can be opened by the flick of a button, pressure on the handle, spring,
other mechanical contrivance, or other device in the handle; pistol;
revolver; slingshot; sword cane; billy club; knuckles made of any
metal or other hard substance; knife having a blade at least four
inches long; non-safety-type razor; electromuscular disruption device;
or any other deadly weapon, except a hunting knife adapted and carried
as such.
