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.
A.
The NHBP hereby exercises special domestic violence criminal jurisdiction
as a participating tribe, as defined within 25 U.S.C. §§ 1302
through 1304 (2013), subject to applicable exceptions defined therein,
in the NHBP Domestic Violence Court.
B.
Notwithstanding any other provision of law, in addition to all powers
of self-government recognized and affirmed by 25 U.S.C. §§ 1302
through 1304, the powers of self-government of NHBP include the inherent
power to exercise special domestic violence criminal jurisdiction
over all persons.
C.
In all proceedings in which the Tribal Court is exercising special
domestic violence criminal jurisdiction as a participating tribe,
all rights afforded by Title VIII, Chapter 8, Criminal Procedure,
shall apply and those enumerated in the Indian Civil Rights Act, 25
U.S.C. §§ 1302 through 1304 (2013), to all defendants.
Should there be any inconsistency between Title VIII, Chapter 8, Criminal
Procedure, and 25 U.S.C. §§ 1302 through 1304, those
of 25 U.S.C. §§ 1302 through 1304 (2013) shall apply.
D.
Every defendant has the privilege of the writ of habeas corpus to
test the legality of his or her detention by order of the NHBP and
may petition the Court to stay further detention pending the habeas
proceeding.
(1)
A Court shall grant a stay if the Court:
(a)
Finds that there is a substantial likelihood that the habeas
corpus petition will be granted; and
(b)
After giving each alleged victim in the matter an opportunity
to be heard, finds by clear and convincing evidence that under conditions
imposed by the Court, the petitioner is not likely to flee or pose
a danger to any person or the community if released.
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).
