Violence within families is not a Port Gamble S’Klallam norm. It is not acceptable within the Port Gamble S’Klallam community. Exposure to family violence can be transmitted over generations. By ending domestic violence now, the Port Gamble S’Klallam Tribe (PGST) is taking a step toward protecting future generations of S’Klallam people.
The purpose of this title is to recognize domestic violence and family violence as serious crimes against society, the Tribe, and the family. The purpose of this title is also to provide the victims of domestic violence or family violence the maximum protection from further violence that the law can provide. Furthermore, the purpose of this title is to recognize that the strength of the Tribe is founded on healthy families, and to ensure the safety of victims of domestic and family violence, especially children, by immediate intervention of law enforcement, prosecution, education, treatment, and other appropriate services.
The Port Gamble S’Klallam Tribe intends that the official response to domestic violence and family violence shall stress the enforcement of laws to protect the victim and to hold the perpetrator accountable. The Tribe’s position is that violent behavior against intimate partners or family members is criminal behavior and will not be excused or tolerated. The Tribe intends to promote the healing of families and the Tribe where possible, to motivate perpetrators to change, and to promote cultural teachings and traditional Tribal values so as to nurture nonviolence and respect within families. This title shall be interpreted and applied to give it the broadest possible scope to carry out these purposes.
This Title may also be used to issue domestic violence protection orders during divorce or child custody proceedings under Chapters 21.04 and 21.05.
(Res. 18-A-101, 9/17/2018)
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Note: In adopting Title 15 Domestic Violence into tribal law, the Pt. Gamble S’Klallam Tribe begins its exercise of special domestic violence criminal jurisdiction over all persons within the Tribe’s jurisdiction. Special DV jurisdiction is defined under 25 U.S.C. §§ 1302 through 1304 (2013). Under the Port Gamble S’Klallam Law and Order Code, the new Title 15 Domestic Violence replaced the old Title 15 Civil Infractions. The old Title 15 is now in Title 8 Juveniles where the 2 active civil infractions under tribal law both apply to minors. Additionally, Chapter 2.10 Domestic Violence Criminal Procedure and Chapter 16.06 Domestic Violence were repealed and incorporated into the new Title 15 by Res. 18-A-101.
As used in this code, the following terms shall have the meanings given below:
"Advocate."
A person who is employed to provide services to victims of domestic violence and/or sexual assault or who volunteers to do so after receiving training, and is bound by confidentiality policies.
"Calendar Day."
Consecutive days of the year, excluding recognized holidays.
"Coercion."
To restrain, compel, persuade, or dominate by force or threat.
"Contact."
Includes but is not limited to:
A. 
Repeatedly coming into and/or remaining in the visual or physical presence of the victim;
B. 
Following the victim;
C. 
Waiting outside the home, property, place of work or school of the victim;
D. 
Sending or making written communications in any form, including text messaging, instant messaging, and social media, to the victim;
E. 
Speaking with the victim by any means, including leaving a voicemail message;
F. 
Communicating with the victim through a third person;
G. 
Committing a crime against the victim;
H. 
Communicating with a third person who has some relationship to the victim with the intent of impacting the third person’s relationship with that victim;
I. 
Communicating with business entities with the intent of affecting some right or interest of the victim;
J. 
Damaging the victim’s home, property, place of work or school; or
K. 
Delivering directly or through a third person any object to the home, property, place of work, or school of the victim.
"Course of Conduct."
A pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
"Court."
The Port Gamble S’Klallam Tribal Court.
"Dating Partners."
Persons who are or have been in a social relationship of a romantic or intimate nature as determined by the length of the relationship, the type and nature of the relationship, and the frequency of interaction between the persons involved in the relationship.
"Domestic Violence."
Any act or attempted act that is an offense listed in Title 5 where the offense is committed against a victim by:
A. 
A current or former spouse or intimate partner of the victim;
B. 
A person with whom the victim shares a child in common or the victim or the defendant is pregnant by the other;
C. 
A person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner; or
D. 
A person who is or has been in a social relationship of a romantic or intimate nature with the victim as determined by the following factors:
1. 
The type and nature of the relationship;
2. 
The frequency of interaction between the persons involved in the relationship; and
3. 
The length of the relationship.
"Dwelling."
A place where a person resides, regardless of who has title to the property or whose name is on the lease, rental agreement, or other housing agreement.
"Elder."
A person 55 or more years old.
"Essential Personal Effects."
Those items necessary for a person’s health, welfare, and livelihood.
"Ex Parte."
For the purpose of this code, this term means that only the requesting party is heard by the Court, and the notice and an opportunity to contest the facts are not available to the party who is adversely affected by the Court’s action until after the Court has taken action.
"Family or Household Member."
A. 
Persons who are related by blood, marriage, court order, or adoption.
B. 
Minor children by blood, marriage, or adoption.
C. 
Minor children who are part of the household.
D. 
Persons who reside or have resided together in the past who are not or have not been intimate partners.
"Family Violence."
The same or similar act or attempted act committed in domestic violence that is an offense defined in Title 5 of the Law and Order Code when such an act is directed towards a family or household member instead of an intimate partner. The dynamics of power and control may not be present.
"Firearm."
Any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon constructed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BBs not exceeding .177 caliber by means of spring, gas or air.
"Foreign Protection Order."
An injunction or other order related to domestic violence or family violence, harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to another person, issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, the District of Columbia, any United States military tribunal, or any Tribal Court, in a civil or criminal action.
"Harassment."
Engaging in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or is detrimental to such person, and that serves no lawful purpose. The course of conduct shall be such as would cause a reasonable person to suffer substantial emotional distress, and shall actually cause substantial emotional distress to the victim, or, when the course of conduct is contact to a minor child by a person over age 18, that would cause a reasonable parent to fear for the well-being of that child.
"Immediate Family."
A spouse, parent, child, step-child, sibling, half-sibling, live-in partner, or any other person who regularly resides in the household or who in the past regularly resided in the household.
"Intimate Partners."
Persons who are spouses, former spouses, persons who are or have been in a marital-like relationship, including same-sex relationships, or persons who have a child in common, regardless of whether they have been married or have lived together at any time in a romantic relationship.
"Juvenile" or "Minor."
Any person under the age of 18 years of age.
"Nonconsensual Sexual Contact."
A lack of mutual consent in touching any of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire or either party or a third party. A lack of verbal or physical resistance does not constitute consent. There is a presumption that a sleeping, unconscious, or incompetent person cannot consent to sexual contact.
"Perpetrator."
The person who has committed an act of domestic violence or family violence. The perpetrator may also be referred to as “defendant” in a criminal case or “respondent” in a civil case.
"Police Officer (Peace Officer, Law Enforcement Officer, or Officer)."
Any person employed or commissioned as a police or law enforcement officer by the Port Gamble S’Klallam Tribe, Kitsap County, State of Washington, any agency of the federal government, or any law enforcement agency having jurisdiction within the PGST Indian Reservation, including non-Tribally deputized officers who may make arrests on the Reservation.
"Probable Cause."
When a police officer, acting as a person of reasonable caution, has reasonable grounds to believe that the person to be arrested has committed an offense as defined by this code, based on all the facts known to the officer, including the officer’s personal observations, statements made by the parties involved in the incident(s), statements made by witnesses, if any, and any other reliable information.
"Protection Order."
A. 
A temporary or permanent civil or criminal court order, injunction, restraining order, or other order related to domestic violence or family violence, harassment, sexual abuse, or stalking. A court grants this type of order for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with, or physical proximity to, another person, who is a victim or alleged victim of domestic violence or family violence, dating violence, sexual assault or stalking; and
B. 
Includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as part of another or pending court 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.
"Repeated."
Two or more times.
"Safe House."
A safe home/safe house that provides temporary refuge and other services on a twenty-four-hour, seven-days-per-week basis, to victims of domestic violence and their children.
"School."
A public or private institution of learning or a childcare facility.
"Tribal or State Certified Domestic Violence Perpetrator Treatment Program."
A state or tribally certified program for abusers in which they are held accountable for their abusive actions and/or controlling behavior and in which their belief systems are sought to be changed that adopts at a minimum the Washington State Domestic Violence Perpetrator Treatment Standards, (WAC 388-60).
"Victim Impact Statement."
A confidential sworn statement that is submitted to the judge by the victim of domestic violence which may include, but is not limited to, information assessing the financial, medical, social, psychological, and long-term impact of the offense on the victim and recommendations of the victim regarding the terms of the protection order or the conditions of sentencing if used in a criminal proceeding. The victim or a third party may make the statement in court or may give the statement, either written or verbal, to the judge, and the judge must then enter it into the court record. It is intended to help the Court fashion a protection order or sentencing appropriate to the parties’ situation. The Victim Impact Statement may be a written version of what the judge might learn during an ex-parte, in-chambers discussion with the victim. The Prosecutor may assist the victim to provide the statement, or the victim’s advocate may also assist. The Victim Impact Statement is not intended to contain allegations that should be in the petition or to take the place of direct evidence. If the victim is a minor, the statement can come from a parent or guardian.
"Weapon."
Any instrument, firearm, article, or substance that, regardless of its primary function, is readily capable of being used to produce death or serious bodily harm.
(Res. 18-A-101, 9/17/2018; amended by Res. 23-A-019, 1/24/2023)
Nothing in this code shall be deemed to constitute a waiver by the Port Gamble S’Klallam Tribe of its sovereign immunity for any reason whatsoever.
(Res. 18-A-101 9/17/2018; amended by Res. 23-A-019, 1/24/2023, to move this section from 15.03.02)
The following persons have immunity from liability in a civil action brought by a party for any action or omission in good faith under this chapter arising from alleged domestic violence or family violence or a crime involving domestic violence or family violence:
A. 
Law enforcement officers;
B. 
Victim advocates; or
C. 
Mandatory reporters.
(Res. 18-A-101 9/17/2018; amended by Res. 23-A-019, 1/24/2023, to move this section from 15.03.03)