(1) 
The Court shall establish a method for identifying civil and criminal cases that arise from an allegation of domestic violence or family violence or a crime of domestic violence or family violence. These files shall be treated as other confidential files subject to limited release.
(2) 
Civil Court proceedings arising from a petition for a domestic violence or family violence order are closed to the general public. The Court may designate appropriate persons who may attend the proceeding.
(3) 
Court records arising from a civil petition for a domestic violence or family violence order are confidential. Documents and other information contained in the file may be released to the petitioner, law enforcement officers, judicial officers, Tribal Prosecutor or Reservation Attorney, victim advocates, child protection workers, and elder protection workers. The records may be released, except for the address and location of the protected person, to the respondent. The records may also be released to other persons upon order of the Court for good cause shown.
(4) 
At all stages of a criminal proceeding under this chapter, the Court shall take steps necessary to ensure that a victim’s address or location is kept confidential from members of the public, except that the address or location may be revealed, with the victim’s consent, to the attorneys for the parties to the case. Defense counsel may not reveal to his or her client the address or location of the victim without authorization of the Court. The Court may order release of the information to other persons upon good cause shown.
(5) 
Upon Court approval, a petitioner in a civil matter or a victim of domestic violence in a criminal matter may use the Legacy of Healing program address as his or her address for service of process and other purposes.
(Res. 2013-379; Res. 2021-002)
(1) 
Any person arrested for a crime involving domestic violence, family violence, or violation of a protection order or no contact order shall be held in custody without bail pending the person’s first appearance before the Court, at which time bail and conditions of release shall be established.
Thereafter the Court shall consider the following factors when setting bail:
(a) 
The person has been charged with a crime of violence and (i) the person has been recently convicted of another crime of violence, or (ii) the person has committed this offense while on probation or other release for another crime of violence;
(b) 
The person has been charged with obstructing justice by having threatened, injured, or intimidated a judge, witness, or juror, or has attempted such threat, injury or intimidation;
(c) 
There is strong likelihood of flight to escape trial. This requires a documented history of such flight, or evidence or circumstances indicating that such flight is potential; or
(d) 
The person represents a danger to the community. This requires a pattern of behavior evidenced by past and present conduct and no conditions for release are available which would reasonably assure the safety of the community.
(2) 
No Contact Order. Because of the likelihood of repeated violence directed at those who have been victims of domestic violence or family violence, when any person is arrested for or charged with a crime of domestic violence or family violence, the Court may issue a no contact order prohibiting the defendant from having any contact with the victim. Such an order shall be entered at the first opportunity with no additional hearing required.
(a) 
The protected party in a no contact order shall be provided with a certified copy of the order.
(b) 
In issuing a no contact order, the Court shall consider whether the firearms prohibition provisions of this chapter apply.
(c) 
A no contact order shall not be vacated without notice to the Prosecutor and a hearing.
(3) 
Other Considerations.
(a) 
No Ex Parte Bench Warrant Quash. A warrant issued in a domestic violence or family violence crime cannot be quashed without notice to the Prosecutor and a hearing.
(b) 
Bail. Bail set in a domestic violence or family violence case requires cash only. A bond is not available unless approved by the Court and after input from the Prosecutor.
(c) 
The use of GPS monitoring may be required pre-or post-trial at the recommendation of the Prosecutor or Probation Officer and at the defendant’s expense.
(d) 
Other Conditions. The Court may order any other lawful relief as it deems necessary for the protection of any claimed or potential victim of domestic violence or family violence, including orders or directives to the Tulalip Police Department.
(Res. 2013-379; Res. 2021-002)
In addition to the rules of court generally applicable to criminal proceedings, the Court is authorized to take the following actions in proceedings of alleged domestic violence or family violence:
(1) 
If the alleged perpetrator pleads or is found guilty, the Court, in its discretion, may order the Tulalip Probation Department to prepare a pre-sentence report prior to sentencing.
(2) 
If it appears to the Court that alcohol or drugs played a part in the crime, a chemical dependency evaluation with a treatment plan may be ordered prior to sentencing at the discretion of the Court.
(3) 
Upon a guilty plea, conviction, or other disposition, the Court may issue a no contact order prohibiting the defendant from having any contact with the victim irrespective of whether the victim consents.
(4) 
Upon a guilty plea, conviction, or other disposition, the perpetrator shall be ordered to participate in a State or Tribal certified domestic violence perpetrator treatment program, or a program approved by the Court that consists of at least the following:
(a) 
The perpetrator shall attend and cooperate in an intake session for a domestic violence perpetrator’s treatment program.
(b) 
The intake shall be completed by the perpetrator treatment program not later than 10 calendar days after entry of the order requiring treatment, unless the Court extends that time period for good cause shown.
(c) 
A copy of the recommended treatment plan shall be provided to the Court.
(d) 
In the discretion of the Court, the perpetrator’s participation in treatment sessions based on the domestic violence program’s treatment plan may be in lieu of confinement and/or fine, or the execution of any such penalty may be suspended pending completion of the treatment ordered by the Court. However, once this service is ordered it must be completed prior to dismissal unless probation is revoked.
(e) 
The domestic violence program or other services provider shall submit written progress reports to the Court at least every six calendar weeks.
(Ord. 117 § 1.10, 11-5-2001 (Res. 2001-365). Formerly 4.25.100; Res. 2013-379; Res. 2021-002)
When entering a judgment upon conviction for a crime involving domestic violence, family violence, or stalking, the Court shall:
(1) 
Consider the entry of orders for the protection of the victim, including those set out within this chapter;
(2) 
Order restitution as warranted; and
(3) 
Order appropriate domestic violence perpetrator’s treatment.
(a) 
For the purposes of this section, a domestic violence perpetrators’ treatment intake assessment should include the following considerations: an official copy of current and past criminal history; all violence history whether or not it resulted in a conviction; family and cultural issues; substance abuse issues; and a treatment plan that adequately and appropriately addresses the treatment needs of the individual. The intake may not be based solely on the defendant’s self-report and the evaluator must make reasonable efforts to contact the victim. The defendant must sign privacy releases for the evaluator to obtain any confidential information that is necessary to the evaluation.
(b) 
Satisfactory completion of domestic violence treatment required under this section must be based on meeting treatment goals, not merely the completion of a certain period of time or certain number of sessions. The treatment must focus on ending the violence and holding the defendant accountable for his or her behavior. The treatment must include education about the individual, family, and cultural dynamics of domestic violence. Treatment must include education about the effects of domestic violence on children. The defendant must sign privacy releases for the treatment provider to obtain any confidential information that is necessary to the treatment. The defendant must also sign a release for the treatment provider to provide information to the Prosecutor or probation office in order to monitor compliance with the Court order.
(4) 
In the Court’s discretion, order any other lawful relief as it deems necessary for the protection of any claimed, alleged or potential victim of domestic violence or family violence, including orders or directives to the Tulalip Police Department.
(Res. 2013-379; Res. 2021-002)
(1) 
Upon conviction of a crime of domestic violence, the perpetrator shall be required to complete a State or Tribal certified domestic violence perpetrator’s treatment program, or one approved by the Court.
(2) 
Upon conviction of a crime involving family violence, the Court may order a perpetrator to complete a perpetrator’s intake assessment to determine whether treatment is appropriate and follow all recommendations.
(3) 
Within the Court’s discretion, the defendant may be trespassed from the Tulalip Indian Reservation for the duration of probation.
(4) 
Within the Court’s discretion, the Court may order publication of the perpetrator’s name and photograph in the Tulalip Tribes See-Yaht-Sub newspaper described as a domestic violence or family violence perpetrator.
(5) 
Within the Court’s discretion, it may order any combination of such confinement, trespass, publication, and fine.
(6) 
In any domestic violence or family violence case, the Court may reduce any restitution and costs to a judgment and send it to collections. Attorney fees and costs of collections shall be added onto the judgment.
(Res. 2013-379; Res. 2021-002)
(1) 
In sentencing for a crime of domestic violence, family violence, or stalking as defined in this chapter, the Court shall consider, among other factors, whether:
(a) 
The firearms prohibition provisions of this chapter apply;
(b) 
The defendant suffered a continuing pattern of coercion, control, or abuse by the victim of the offense and the offense is a response to that coercion, control, or abuse;
(c) 
The offense was part of an ongoing pattern of psychological, physical, or sexual abuse of a victim or multiple victims manifested by multiple incidents over a prolonged period of time; and whether
(d) 
The offense occurred within sight or sound of the victim’s or the offender’s minor children.
(2) 
In sentencing for the crime of domestic violence or family violence as defined in this chapter, the Prosecutor shall provide for the Court’s review:
(a) 
The defendant’s criminal history, if any, that occurred under the law of the Tulalip Tribes, any state, Federal, territory, possession, tribe or United States military tribunal.
(b) 
For the purposes of subsection (2)(a) of this section, criminal history includes all previous convictions and orders of deferred prosecution and stipulated orders of continuance (SOC), as otherwise available to the Court or Prosecutor, before the date of sentencing.
(Res. 2013-379; Res. 2021-002)
(1) 
Upon the request of a Prosecutor or the defense, the Court may issue a material witness warrant compelling a witness to appear before the Court. In making the request, the party must certify that:
(a) 
The witness is material to the party’s case;
(b) 
The witness has failed or refused to appear before the Court; and
(c) 
Other means of securing the witness’s presence at trial have proved futile.
(2) 
The Tulalip Tribes declares that protection of domestic violence and family violence victim-witnesses is a substantial and compelling interest of the Tulalip Tribes. When abuse is prosecuted, a domestic violence or a family violence victim-witness may suffer serious emotional and mental trauma from exposure to the abuser or from testifying in open court. The creation of procedural devices designed to enhance the truth-seeking process and to shield domestic violence or family violence victim-witnesses from the trauma of exposure to the abuser and the courtroom is a compelling Tribal interest.
(3) 
Prior Statement. A prior written or oral statement is admissible as substantive evidence at trial if the victim appears and testifies inconsistently with the statement. In determining the admissibility of the statement, the Court shall consider whether the statement was made subject to the following provisions:
(a) 
The witness voluntarily made the statement;
(b) 
When the statement was made, there were minimal guaranties of truthfulness, such as a sworn declaration, certified statement, or affidavit signed before a notary. A written statement should include the following:
I have read the attached statement or it has been read to me and I know the contents of the statement. I understand that my written statement is made under penalty of perjury by signing below,
which should be followed by a signature and date;
(c) 
The statement was taken pursuant to standard procedure; and
(d) 
The witness whose statement is being offered is subject to cross-examination when giving the subsequent statement.
(Res. 2013-379; Res. 2021-002)