A law enforcement officer who responds to a report of possible domestic violence or family violence shall use all reasonable means to protect the victim and any family or household member, and to 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 a reasonable distance of the Tribe’s jurisdiction at the victim’s request;
C. 
Providing a peace officer or civil standby 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 in Kitsap or surrounding counties;
E. 
Giving the victim immediate and adequate written notice of the rights of victims, the remedies available, and the name, address, and telephone number of local services available to victims of domestic violence and family violence;
F. 
Advising each person of the availability of a shelter or other services in Kitsap and surrounding Counties;
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.
I. 
Giving the victim the following notice:
“IF YOU ARE THE VICTIM OF DOMESTIC ABUSE, you have the right to go to the tribal court and file a petition requesting a protection order. A protection order can provide the following relief: (a) restraining your attacker from contacting you or your children; (b) directing your attacker to leave your household; (c) preventing your attacker from entering your residence, school, business or place of employment; (d) awarding you or the other parent temporary custody of a minor child or children; or (e) ordering your attacker to timely pay any existing debts, including mortgage or rental payments, that are necessary to maintain you in your residence. Other forms of relief are also available through a court issued protection order. You can obtain a copy of the officer’s report at no cost to you.
You also have the right to obtain a protection order in state court.
The forms you need to obtain an order for protection can be obtained from the clerk of the court or from the Domestic Violence Advocate.”
(Res. 18-A-101, 9/17/2018)
A. 
The purpose of this section is to assist in the prosecution of perpetrators of crimes involving domestic violence and family violence and to recognize that victims of crimes involving domestic violence or family violence are often reluctant to cooperate or testify at subsequent hearings for many reasons, including but not limited to economic, emotional, and psychological factors.
B. 
All law enforcement officers who respond to a report of possible domestic violence or family violence shall take reasonable steps to collect sufficient evidence to enable the Prosecutor to secure a conviction of the perpetrator without the testimony of any victim. Reasonable steps include:
1. 
Photographing injuries to any victim, any damage to property and the location and surroundings of the alleged incident;
2. 
Describing both the physical and emotional condition of the victim in detail;
3. 
Noting the identity of any witnesses to the incident and determining what they observed;
4. 
Identifying all persons present at the location at the time of the incident, including children, whether or not they witnessed the incident;
5. 
Obtaining the 911-dispatcher recording, if any;
6. 
Gathering a history of the relationship and its duration;
7. 
Describing the scene of the alleged crime on first contact and other physical evidence; and
8. 
Gathering statements and interviewing responding medical personnel or following up with medical personnel if the victim is transported to a facility for medical treatment.
C. 
A law enforcement officer who responds to an allegation of domestic violence or family violence shall encourage any victim to make an oral statement concerning the incident and shall take one from any perpetrator, if possible.
D. 
The law enforcement officer shall prepare a written incident report detailing the event, and the officer’s observations.
E. 
If a child is present, the officer shall make any reports, as required by Tribal Law, to an appropriate tribal or other governmental agency responsible for investigating allegations of abuse or neglect.
(Res. 18-A-101, 9/17/2018)
A. 
When a law enforcement officer responds to a domestic disturbance incident and has probable cause to believe that an offense of domestic violence, family violence, or dating violence has occurred, the officer shall arrest and take into custody the predominant aggressor. The officer is not required to arrest both persons. A law enforcement officer shall arrest a person whom the officer has probable cause to believe violated a protection order. The officer shall make an arrest upon probable cause regardless of the express wishes of the victim, but those wishes shall be noted in the report.
B. 
If a law enforcement officer receives a report of possible domestic violence or family violence involving two or more persons, the officer shall evaluate each person’s account separately to determine who was more likely to have been the predominant physical aggressor. In determining whether a person was the predominant physical aggressor, the officer must consider the following as well as any other relevant factors:
1. 
Prior complaints of domestic or family violence;
2. 
The relative severity of the injuries inflicted on each person;
3. 
The likelihood of future injury to each person; and
4. 
Whether one of the persons acted in self-defense.
C. 
If a law enforcement officer determines that one person was the predominant physical aggressor, the officer need not arrest the other person, even if the officer has probable cause to believe that the other person has committed a crime involving domestic violence or family violence against the predominant physical aggressor.
D. 
Persons arrested shall be held without bail until their first appearance before a judge.
E. 
Whenever a police officer investigates an allegation of domestic violence or family violence, the officer shall make a detailed written report of the alleged abuse and submit that report to the Prosecutor as soon as possible. If an arrest is made, the report shall be submitted immediately.
F. 
A police officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties in order to discourage a party requesting future intervention by law enforcement.
(Res. 18-A-101, 9/17/2018)
If an officer has probable cause to believe that a crime involving domestic violence or family violence has occurred, then the officer shall have the authority to request from the on-call Judge an emergency no-contact order prohibiting the perpetrator from contacting the victim, including third-party contact.
If the officer takes the perpetrator to jail, the officer shall call the on-call Judge from jail at the time of booking and provide the Judge with enough information for a finding of probable cause. The officer must record the phone call.
The order shall be effective until the first court appearance or as vacated or amended by court order.
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.
(Res. 18-A-101, 9/17/2018)
If an 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.
(Res. 18-A-101, 9/17/2018)
The Port Gamble S’Klallam 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.
(Res. 18-A-101, 9/17/2018)
When making an arrest for a crime involving domestic violence or family violence, Tribal Police shall seize all weapons that are alleged to have been involved or were threatened to be used in the commission of the crime.
The Tribal Police may also seize weapons that are in plain view of the officer or that are discovered during a consensual search, an officer safety pat-down, or a search incident to arrest as necessary for the protection of the officer or other persons.
Tribal Police are authorized to confiscate weapons from a person who is prohibited from possessing or using them.
Upon order of the Tribal Court, such weapon may be destroyed, retained by the Tribal Police Department, or sold at public sale after appropriate public notice, under the direction of the Tribal Court.
(Res. 18-A-101, 9/17/2018)
A law enforcement officer may, with or without a warrant, arrest a person if the officer has probable cause to believe that the person is in violation of disobeying or resisting an order issued under this Title, regardless of whether such violation occurred in the presence of the officer.
The defendant shall be held without bail pending the first hearing at which time bail and conditions of release shall be established.
(Res. 18-A-101, 9/17/2018)
The Port Gamble S’Klallam Police Department shall maintain written records of arrests, incident reports, and initial contacts in such a manner as to allow tracking and identification of them as related to domestic violence or family violence.
The PGST Police Department is not required to provide records of police contacts alleging incidents of domestic violence, family violence, or stalking to the alleged perpetrator. Records may be obtained by Court order after notice to the Prosecutor and a hearing. In ordering disclosure, the Court may order that the victim identification and location be redacted, and may make other orders as necessary to protect the confidentiality of victim and/or witness information.
(Res. 18-A-101, 9/17/2018)
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 Title 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 Title.
(Res. 18-A-101, 9/17/2018)
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 policy makers, 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.
(Res. 18-A-101, 9/17/2018)