A law enforcement officer who responds to an allegation of domestic
violence or family violence shall use all reasonable means to protect
the victim and any family or household member, and prevent further
violence, including, but not limited to:
A. Taking necessary actions to provide for the safety of the victim
and any family or household members or witnesses, including arresting
the alleged perpetrator or dominant aggressor, if there is probable
cause to support that arrest.
B. Transporting or obtaining transportation for the victim and any child(ren)
to a domestic violence safe house or other place of safety within
the Tribe's service area at the victim's request;
C. Providing a peace officer to allow the victim to safely remove essential
personal effects from the victim's residence, at the victim's
request;
D. Assisting the victim and any child(ren) in obtaining medical treatment,
including obtaining transportation to a medical facility within the
Tribe's service area;
E. Giving the victim immediate and adequate written notice of the rights
of victims and of the remedies available as well as the name, address,
and telephone number of local services available to victims of domestic
violence or family violence;
F. Advising each person of the availability of a shelter or other services
in the Tribe's service area.
G. Confiscating any weapon as provided within this chapter; and/or
H. Providing assistance on who to contact in order to obtain a temporary
protection order or emergency no-contact order.
A police officer shall have the authority to request from the
on-call Judge an emergency criminal no-contact order prohibiting contact
with the victim, including third-party contact, on a form approved
by the Court, if the officer has probable cause to believe that a
crime involving domestic violence or family violence has occurred.
One of the following methods shall be used:
A. The officer shall call the on-call Court Clerk from jail at the time
of booking and provide the Judge with enough information for a finding
of probable cause.
[Amended 4-21-2016 by Res. No. 04-21-16-04]
B. The order shall be effective until the first Court appearance or
as vacated or amended by Court order.
C. Upon issuance of such an order, the officer shall serve a copy on
the perpetrator and file the order with the Court by noon on the next
calendar day that the Court is open. The officer shall provide a copy
of the order to the victim and assist the victim in securing any essential
personal effects.
If a police officer has probable cause to believe that a person
has violated a condition of release from arrest or judgment in a domestic
violence or family violence case, the officer may, without a warrant,
arrest the alleged violator.
The NHBP Tribal Police shall serve orders of protection on an
expedited basis and shall attempt to complete service within forty-eight
(48) hours and provide a declaration of service to the Court by the
next calendar day in which the Court is open.
A law enforcement officer or his or her legal adviser shall
not be held liable in any civil action for an arrest based on probable
cause, enforcement in good faith of any Court order, or any other
action or omission made in good faith under this chapter arising from
an incident of alleged domestic violence or family violence or violations
of one of the named criminal or civil protection orders identified
within this chapter.
No special treatment by policy makers or law enforcement officials
shall be given to any person because of his or her official capacity
as a law enforcement officer, public official, or because of his or
her connections to or influence over policymakers, public officials,
law enforcement officers or the community. All procedures and duties
set out in this chapter in its current form, or as subsequently modified,
shall be strictly adhered to, regardless of any administrative, interagency,
or departmental investigation and/or sanctions.