[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
The Grand Traverse Band of Ottawa and Chippewa Indians Tribal
Council recognizes that GTB's survival and prosperity depends on strong
and healthy families, and that domestic violence is incompatible with
strong and healthy families. The purpose of this chapter is to protect
the health, safety and welfare of the Grand Traverse Band of Ottawa
and Chippewa Indians tribal community, consistent with the Grand Traverse
Band's reserved rights, by: preventing acts of domestic violence,
affording victims of domestic violence maximum assistance, safety,
and support; and holding perpetrators of domestic violence accountable
for their actions and for changing their behavior.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
Pursuant to Article IV, Section (1)(a) of the Tribal Constitution,
the Tribal Council of the Grand Traverse Band hereby enacts this Domestic
Violence Ordinance. The Grand Traverse Band has the inherent authority
to protect its political integrity and provide for the welfare of
its citizens. The jurisdiction of the Tribal Court over persons and
territory is limited only by federal law and the Grand Traverse Band
Constitution, under which the Tribal Court has the power to decide
questions of jurisdiction that may be raised under this code.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19,2007.]
(a)
Nothing in this code is intended or shall be construed as a waiver
of the sovereign immunity of the Grand Traverse Band or any of its
departments, divisions or enterprises.
(b)
No manager, officer or employee of the Tribe is authorized or shall
attempt to waive the immunity of the Tribe.
(c)
Damage suits against any employee, officer, agent, prosecutor, judge,
or manager of the Grand Traverse Band or any of its departments, divisions,
organizations or enterprises for disputes arising under this Code
are prohibited.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
A law enforcement officer shall not be held liable in any civil
or criminal action for an arrest based on probable cause, enforcement
of any court order, or any other act or omission arising from an alleged
domestic violence crime, if the officer acts in good faith and upon
the best information so as to provide protection for victims of domestic
violence and to carry out the purposes of this Code.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
Restraint provisions contained in orders entered under this
Code and comparable provisions contained in orders accorded full faith
and credit by the Tribal Court shall govern conduct both on and off
the reservation.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
In computing any period of time prescribed or allowed by this
code, or by rules of the Court, the day of the act, event or default
from which the designated period of time begins to run shall be included.
The last day of the period so computed shall be included, unless it
is a Saturday, Sunday, or holiday. When the period of time prescribed
or allowed is less than seven days, intermediate Saturdays, Sundays,
holidays, and any other official tribal office closures shall not
be counted in the computation.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
The provisions of this Code shall be liberally construed in
order to further the purpose stated in § 301.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
This Code is to be interpreted to supersede and replace any
conflicting provisions of all prior codes and laws of the Grand Traverse
Band.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
If any part of this Code or its application to any person or
circumstance is held to be invalid, the remainder of this Code or
its application to other persons or circumstances is not affected.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(b)
"Advocate" or "Victims' Advocate" means a person who is employed
or volunteers to provide services to victims of domestic violence
and/or sexual assault.
(c)
"Court" or "Tribal Court" means the Grand Traverse Band Tribal Court
established in Article V of the GTB Constitution.
(d)
"Dating Relationship" means a social relationship of a romantic nature.
In determining whether parties have a "dating relationship," the Court
shall consider:
(e)
"Domestic Violence" means:
(1)
Engaging in any of the following acts against family or household
members or persons in a dating relationship:
(A)
Attempting to cause or causing physical harm;
(B)
Attempting to cause or causing injury to a pet or property damage;
(C)
Attempting to cause or causing a family or household member
to engage involuntarily in sexual activity by force, threats or duress;
(D)
Inflicting injury to household pets, reasonable fear of physical
harm, sexual assault, or property damage;
(E)
Stalking, as defined in this Code;
(F)
All crimes involving threats, violence, assault and/or physical
or sexual abuse against, adults, children, the elderly or others enumerated
in Title 9 of the Grand Traverse Band Constitution may be charged
as domestic violence and those crimes listed under the Major Crimes
Act, 18 U.S.C. § 1153.
(2)
Any act of self-defense or self-defense of another reasonably taken
in response to an act of domestic violence shall not be considered
a crime of domestic violence.
(f)
"Essential Personal Effects" means those items necessary for a person's
immediate health, welfare and livelihood, such as clothing, cribs,
bedding, medications, personal documentation, personal hygiene items
and tools of trade.
(g)
"Family or Household Member" includes:
(1)
Spouses or former spouses;
(2)
Persons with whom the individual has or has had a dating relationship;
(3)
Persons who have a child in common or who are expecting a child in
common, regardless of whether they have been married or lived together
at any time;
(4)
Persons 18 years of age or older who are related by blood or marriage;
(5)
Persons 18 years of age or older who are presently residing together
or who have resided together in the past;
(6)
Persons who have a biological or legal parent-child relationship,
including stepparents and stepchildren and grandparents and grandchildren;
(7)
Physically or mentally disabled persons and their caregivers residing
in the household;
(8)
Elders 55 years of age or older and their caregivers residing in
the household;
(9)
Minor children of a person in a relationship described in Subsection
(g)(1) through (8) above; or
(10)
Vulnerable adults residing in the household, including adults
unable to protect themselves from abuse, neglect, or exploitation.
(h)
"Harassment" means conduct directed toward a victim/minor victim
that includes, but is not limited to, repeated or continuing unconsented
contact that would cause a reasonable individual to suffer emotional
distress and that actually causes the victim/minor victim to suffer
emotional distress. Harassment does not include constitutionally protected
activity or conduct that serves a legitimate purpose.
(i)
"Indian Country" has the meaning given the term in 18 U.S.C. § 1151.
(j)
"Law Enforcement" means the Grand Traverse Band Department of Public
Safety or any other police department authorized by the Tribe.
(k)
"Minor" means any unmarried person who is less than 18 years of age,
and has not been emancipated by order of a court of competent jurisdiction,
or a person who is 18 years of age, but remains under the continuing
jurisdiction of the court.
(l)
"Next Friend" means any legally competent adult that petitions or
represents a minor in proceedings under this Code.
(m)
"Prosecutor" means the Grand Traverse Band Tribal Prosecutor or any
other person authorized by the Tribe to perform the duties of the
prosecutor for the purpose of this code.
(n)
"Protection order" means:
(1)
Any injunction, restraining order, or other order issued by a civil
or criminal court for the purpose of preventing violent or threatening
acts or harassment against, sexual violence against, contact or communication
with, or physical proximity to, another person; and
(2)
Includes any temporary or final order issued by a civil or criminal
court, whether obtained by filing an independent action or as a pendente
lite order in another 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.
(o)
"Reservation" means all territory within the exterior boundaries
of the Grand Traverse Band Indian Reservation and six-county service
area as defined in Article I, § 2(a) of the Grand Traverse
Band Constitution.
(p)
"Restitution" means repayment to a victim of domestic violence, including
but not limited to property damage, moving expenses, medical expenses
related to the incident of domestic violence, or loss of earnings
or support.
(q)
"Special domestic violence criminal jurisdiction" means the criminal
jurisdiction that GTB may exercise under 25 U.S.C. § 1304
but could not otherwise exercise by operation of federal common law.
(r)
"Spouse or intimate partner" has the meaning given the term in 18
U.S.C. § 2266.
(s)
"Stalking" means a willful course of conduct involving repeated or
continuing harassment of another individual or minor that would cause
a reasonable person to feel terrorized, frightened, intimidated, threatened,
harassed, or molested and that actually causes the victim to feel
terrorized, frightened, intimidated, threatened, harassed, or molested.
(t)
"Tribe" or "Tribal" refers to the Grand Traverse Band of Ottawa and
Chippewa Indians, a sovereign nation.
(u)
"Unconsented contact" means any contact with another individual that
is initiated or continued without that individual's consent or in
disregard of that individual's expressed desire that the contact be
avoided or discontinued. Unconsented contact includes the following:
(1)
Coming into and remaining a visual or physical presence of the person;
(2)
Following the person;
(3)
Approaching or confronting the person in a public place or on private
property;
(4)
Waiting outside the home, property, place of work or school of the
person or of a member of that person's family or household;
(5)
Sending or making written communication in any form to the other
person;
(6)
Speaking with the person by any means;
(7)
Communicating with the person through a third party;
(8)
Committing a crime against the person;
(9)
Communicating with a third party who has some relationship to the
person with the intent of affecting the third party's relationship
with the person;
(10)
Communicating with business entities with the intent of affecting
some right or interest of the person;
(11)
Damaging the person's home, property, place of work or school;
or
(12)
Delivering directly or through a third party any object to the
home, property, place of work, or school of the person.
(v)
"Victim" means a family or household member, or one with whom a dating
relationship exists, who has been subjected to domestic violence.
