Whenever practical, the Court shall provide a secure waiting
area or bailiff supervision prior to and during Court proceedings
for a victim, and his or her family, of domestic violence, family
violence, sexual assault, dating violence, or stalking, which will
not require them to be in close proximity to the defendant or his
or her families or friends.
A public agency may not charge a fee for filing or preparation
of certified, authenticated, or exemplified copies to a person entitled
to protection who seeks relief under this chapter or to a foreign
prosecutor or a foreign law enforcement agency seeking to enforce
a protection order. A person entitled to protection and foreign prosecutors
or law enforcement agencies must be provided the necessary number
of certified, authenticated, or exemplified copies at no cost.
[Amended 5-19-2016 by Res. No. 05-19-16-10]
A.
Any disputes regarding provisions in foreign protection orders dealing
with custody of children, residential placement of children, or visitation
with children shall be resolved judicially. The proper venue and jurisdiction
for such judicial proceedings shall be determined in accordance with
the children's protection code or its successor,[1] the Indian Child Welfare Act, 25 U.S.C. §§ 1901
through 1963, and the Michigan Indian Family Preservation Act, MCLA
712B.1.
B.
A police officer shall not remove a child from his or her current
placement unless:
(1)
A Court order to produce the child has been issued by the NHBP Tribal
Court, a circuit court of the State of Michigan, or another tribal
court; or
(2)
There is probable cause to believe that the child is abused or neglected
and the child would be injured or could not be taken into custody
if it were necessary to first obtain a Court order pursuant to the
children's protection code.
Mediation is not allowed if a protection order is in effect
unless mediation is requested by the victim of the alleged domestic
violence after consultation with counsel or an advocate, and is provided
by a certified mediator who is trained in domestic violence in a specialized
manner intended to protect the safety of victims. The victim is permitted
to have a support person of his or her choice in attendance at the
mediation.
[Amended 6-16-2016 by Res. No. 06-16-16-04]
Victims of domestic violence are often forced to flee from a
perpetrator in order to avoid future danger and violence. In so fleeing,
victims who are employed frequently miss days of employment, and employers
sometimes respond by terminating or disciplining such employees. It
is the purpose of this section to preclude all NHBP employers from
terminating any employee who can document within fourteen (14) days
an instance of domestic abuse which contributed to his/her absence
from employment. Employers have the option of granting such employees
leave with or without pay because of domestic-violence-related absences.
Absences for approved leave are not to exceed twelve (12) weeks [four
hundred eighty (480) hours] in any calendar year. An employee may
take reasonable leave from work, intermittent leave, or leave on a
reduced work schedule, with or without pay, to:
A.
Seek legal or law enforcement assistance or remedies to ensure the
health and safety of the employee or employee's family members,
including, but not limited to, preparing for, or participating in,
any civil or criminal legal proceeding related to or derived from
domestic violence or family violence, sexual assault, stalking or
dating violence;
B.
Seek treatment by a health care provider for physical or mental injuries
caused by domestic violence or family violence, sexual assault, stalking,
or dating violence, or to attend to health care treatment for a victim
who is the employee's family member;
C.
Obtain or assist a family member in obtaining services from a domestic
violence safe house, rape crisis center, or other social services
program for relief from domestic violence, family violence, sexual
assault, stalking, or dating violence;
D.
Obtain, or assist a family member in obtaining, mental health counseling
related to an incident of domestic violence, family violence, sexual
assault, stalking or dating violence, in which the employee or the
employee's family member was a victim of domestic violence or
family violence, sexual assault, stalking or dating violence; or
E.
Participate in safety planning, temporarily or permanently relocate,
or take other actions to increase the safety of the employee or employee's
family members from future domestic violence or family violence, sexual
assault, stalking, or dating violence.
[Amended 6-16-2016 by Res. No. 06-16-16-04]
It shall be a violation of this chapter for any employer located
within the exterior boundaries of the NHBP Reservation to terminate
or otherwise discipline any employee who has missed work or is tardy
to work when such employee demonstrates, either through the filing
of criminal or civil proceedings in a court of law or by such other
method satisfactory to the employer, that he/she has been the victim
of domestic violence, family violence, sexual assault, stalking or
dating violence, and that such violence contributed to his/her absence(s)
from work or tardiness to work. Employers shall be required to grant
the employee leave with or without pay, dependent upon the policies
of the employer, for such absences unless the employer can demonstrate
that the employee failed to provide reasonable notice of the need
for leave or the employer can demonstrate that the employer's
business operations would suffer undue hardship as a result of the
employee's absence from work.
[Amended 6-16-2016 by Res. No. 06-16-16-04]
Any employer who willfully violates this article shall be guilty of a civil infraction and subject to a maximum civil penalty of up to $1,000 payable to the NHBP. Any funds collected for a violation of this article shall be used for the victims and placed in the appropriate victim's fund. In addition, any employee who is denied leave, or who is disciplined, retaliated against or terminated in violation of this chapter or under Article VIII of Chapter 5.2 (the NHBP fair employment practices code) shall be permitted to pursue administrative and legal remedies subject to the procedures and limitations contained in Article IV, §§ 5.2-13 through 5.2-16A of Chapter 5.2 of the Tribal Code.
It shall be the purpose of this section to prohibit any person
from possessing or purchasing a firearm who has been convicted of
a felony or misdemeanor crime of domestic violence, family violence,
sexual assault, stalking, or dating violence, as defined under the
laws of the NHBP, who is subject to a protection order based upon
a finding that the person represents a credible threat to the physical
safety of the victim; any person who is found mentally incompetent
to stand trial; or any person committed for mental health reasons
after a domestic violence, family violence, sexual assault, stalking,
or dating violence offense, from possessing or purchasing a firearm.
A.
It shall be unlawful for any person to possess or purchase a firearm
who:
(1)
Is subject to any Court order from a court of competent jurisdiction
that restrains such person from harassing, stalking, threatening,
having contact or assaulting an intimate partner or family member
as defined in this code or engaging in any other conduct that would
place an intimate partner or family member in reasonable fear of physical
harm to the intimate partner or family member, except that this subsection
shall apply only to those orders that:
(a)
Were issued at a hearing at which such person was present and
had the opportunity to participate; or at a hearing of which such
person had notice and the opportunity to be heard, whether or not
the person was present;
(b)
Include a finding that such person represents a credible threat
to the physical safety of such household or family member; and
(c)
By its terms explicitly prohibits the use, attempted use or
threatened use of physical force against such household or family
member.
(2)
Has been convicted under the law of any state, territory, possession,
tribe, or United States military tribunal of any crime involving domestic
violence or family violence, as defined by the laws of the NHBP, which
involved the use or attempted use of physical force, or the threatened
use of physical force, or the threatened use of a deadly weapon against
an intimate partner or family member as defined by this chapter.
B.
Violation of this section is a Class A misdemeanor offense and may
result in exclusion from the NHBP Pine Creek Reservation as defined
within the exclusion code.[1] Any violations of related domestic violence or family
violence sentences in this section or any violations of other sections
of this code shall be served consecutively. The second or subsequent
violation of this section is a felony offense and may result in exclusion
from the NHBP Pine Creek Indian Reservation or other lands as defined
within the exclusion code.
