There is established for the NHBP Tribal Court a division of
Tribal Court known as the "Domestic Violence Court." The jurisdiction
of the Domestic Violence Court includes the right to issue all orders
necessary to carry out the purposes of this code.
Jurisdiction over domestic and family violence matters shall
be in accordance with Title VIII, Judiciary; Law and Order Code, and
applicable NHBP Tribal Court rules, or any other applicable section
of the NHBP Tribal Code. In addition, the NHBP Tribal Court shall
retain jurisdiction over members of Federally recognized Indian tribes
and any violations of orders of protection entered pursuant to this
code which are alleged to have occurred outside of the boundaries
of the NHBP Indian Reservation where such orders are entitled to recognition
outside Reservation boundaries as a matter of full faith and credit.
The NHBP exercises the special domestic violence criminal jurisdiction
of a defendant for criminal conduct that falls into one or more of
the following categories:
A. Domestic violence. An act of domestic violence that occurs within
the Indian country of the NHBP against Native American victims.
B. Violations of protection orders. An act that occurs within the Indian
country of the NHBP, and:
(1) Violates the portion of a protection order that:
(a)
Prohibits or provides protection against violent or threatening
acts of harassment against, sexual violence against, contact or communication
with, or physical proximity to the person protected by the order;
(b)
Was issued against the defendant;
(c)
Is enforceable by the NHBP; and
(d)
Is consistent with 18 U.S.C. § 2265(b).