This section provides for the designation of a crime as domestic violence (DV) or family violence (FV), which gives notice that the Tribes may seek additional conditions at sentencing. Any crime as defined by TTC Title 3 or within this chapter is considered domestic violence if committed against a current or former intimate partner, or family violence if against a family or household member, and is subject to the provisions of this chapter.
The designation of domestic violence or family violence should not be removed as part of a plea bargain.
(Ord. 117 § 1.6, 11-5-2001 (Res. 2001-365); Res. 2013-379; Res. 2021-002)
Any person who prevents or attempts to prevent a victim or witness of domestic violence or family violence from calling 911 or the Tulalip Tribal Police or other law enforcement agency, or from obtaining medical assistance or making a report to any Tribal, State or Federal law enforcement official, has committed the crime of interfering with the reporting of domestic violence or family violence.
Interfering with the reporting of domestic violence or family violence is a Class E offense.
(Res. 2013-379; Res. 2021-002)
Any person who prevents or attempts to prevent a witness from testifying in a Court proceeding, or otherwise impedes the prosecution of a case involving domestic violence or family violence, has committed the crime of interfering with the prosecution of domestic violence or family violence.
Interfering with the prosecution of domestic violence or family violence is a Class E offense.
(Res. 2013-379; Res. 2021-002)
In every case in which a person is arrested for or charged with a crime under this chapter, the Prosecutor shall endeavor to maintain contact with the victim throughout the criminal proceedings, with particular attention to the following:
(1) 
Hearing Dates, Continuances, Sentencing. The Prosecutor shall assure that the victim is informed of all hearing dates and continuances and of the right to address the Court at any hearing, in person or in writing, regarding the various impacts of the criminal offense on the victim, the risk of further acts of domestic violence or family violence, and the conditions of sentence necessary to ensure the safety of the victim and the victim’s family and household members.
(2) 
Prosecutorial Decisions. The Prosecutor shall inform the victim of every major prosecutorial decision, including a decision to decline prosecution of the crime, to dismiss the charges, or to enter into a plea agreement, within five Court days of the decision and should include available resources for the victim.
(3) 
Restitution. The Prosecutor shall obtain information from the victim regarding costs and losses sustained as a result of the defendant’s act(s) of domestic violence or family violence and shall seek restitution for the victim.
(Res. 2013-379; Res. 2021-002)
The Tulalip Tribes does not favor dismissal of domestic violence or family violence charges, thus when the Prosecutor moves to dismiss a domestic violence or family violence charge against a defendant, the Prosecutor shall provide specific reasons for the dismissal to the Court. If the dismissal is based on the unavailability of the alleged victim or any witness, the Prosecutor shall indicate why such person(s) are unavailable and why the case cannot be prosecuted without the individuals.
(Res. 2013-379; Res. 2021-002)
(1) 
A person commits the offense of violation of a court order prohibiting contact by knowingly violating any provision of a court order prohibiting contact, defined as a:
(a) 
No contact order;
(b) 
Protection order; or
(c) 
Foreign protection order.
(2) 
Violation of this section subjects the defendant to criminal penalties under this chapter. Any defendant who is found guilty of violating the terms of a court order prohibiting contact may also, subject to the Court's discretion, be held in contempt of court, and the Court may impose such sanctions as it deems appropriate.
(a) 
Violation of a court order prohibiting contact is a Class E offense except as provided in subsection (b) of this section.
(b) 
A third or subsequent violation of a court order prohibiting contact is an aggravated violation of a court order and a Class F offense.
(i) 
Adoption of the ordinance codified in this section shall not extinguish the use of any violation of a no contact order, protection order, or foreign protection order that predates adoption as a prior for the purposes of this section.
(ii) 
Prior violations need not be of the same order prohibiting contact nor with the same protected party.
(iii) 
Prior violations may be proven by direct or circumstantial evidence or, when applicable, by conviction.
(c) 
Consent is not a defense to a violation of a court order prohibiting contact.
(Res. No. 2025-607, 12/5/2025)
(1) 
A person commits the crime of stalking if, without lawful authority:
(a) 
He or she intentionally and repeatedly harasses or repeatedly follows another person; and
(b) 
The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person. The fear must be one that a reasonable person would experience under the same circumstances; and
(c) 
The stalker either:
(i) 
Intends to frighten, intimidate, or harass the person; or
(ii) 
Knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person.
(2) 
It is not a defense to the crime of stalking:
(a) 
Under subsection (1)(c)(i) of this section, that the stalker was not given actual notice that the person did not want the stalker to contact or follow the person; or
(b) 
Under subsection (1)(c)(ii) of this section, that the stalker did not intend to frighten, intimidate, or harass the person.
(3) 
Attempts to contact or follow the person after being given actual notice that the person does not want to be contacted or followed constitute prima facie evidence that the stalker intends to intimidate or harass the person.
(4) 
A person who stalks another person is guilty of a Class E offense except that the person is guilty of a Class F offense if any of the following applies:
(a) 
The stalker has previously been convicted in the Tribal Court, in Washington State or any other state of any crime of harassment, as defined in TTC § 3.15.160 or RCW 9A.46.060 or similar statute of another jurisdiction;
(b) 
The stalking violates any protective order protecting the person being stalked;
(c) 
The stalker has previously been convicted of an offense under this section or of a gross misdemeanor or felony stalking offense under Federal or Washington State law;
(d) 
The stalker was armed with a dangerous weapon while stalking the person;
(e) 
The stalker’s victim is or was a law enforcement officer, judge, juror, attorney, victim advocate or children’s advocate, legislator, or community corrections officer, probation officer or staff and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim’s performance of official duties; or
(f) 
The stalker’s victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim’s testimony or potential testimony.
(5) 
As used in this section:
(a) 
“Follows”
means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person’s home, school, place of employment, business, or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.
(b) 
“Harasses”
for the purpose of this section means 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 legitimate or 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 by a person over age 18 of a minor child, that would cause a reasonable parent to fear for the well-being of that child.
(c) 
“Protective order”
means any temporary or permanent Court order prohibiting or limiting violence against, harassment of, contact or communication with, or physical proximity to another person, including but not limited to a domestic violence protection order issued pursuant to TTC § 4.25.480, no contact order issued pursuant to TTC § 4.25.250(2), sexual assault protection order pursuant to TTC § 4.25.850 or any successor codes to these sections.
(d) 
“Repeatedly”
means two or more times.
(Ord. 117 § 1.7, 11-5-2001 (Res. 2001-365). Formerly 4.25.070; Res. 2013-379; Res. 2021-002)
Repealed by Res. 2024-422.
(Ord. 117 § 1.15, 11-5-2001 (Res. 2001-365). Formerly 4.25.150; Res. 2013-379; Res. 2021-002)
Any person with two or more convictions for crimes of domestic violence or family violence shall be deemed an habitual domestic violence or family violence offender and any subsequent violation shall be a Class F offense, except where inconsistent with Federal laws.
(Res. 2013-379; Res. 2021-002)
Any written or verbal threat or any assault upon a person acting in an official or professional capacity in the protection of victims of domestic violence or family violence, sexual assault, stalking or dating violence shall be considered to be an assault of the most serious nature and a Class E offense.
(Res. 2013-379; Res. 2021-002)
Upon violation of a judgment and sentencing order, the Court may modify, reduce, or enlarge the conditions of probation at any time prior to the expiration or termination of the term of probation and the provisions applicable to the initial setting of the conditions of probation. However, the Court may not set aside or modify the requirement to complete domestic violence perpetrator’s treatment without notice to the Prosecutor and a hearing.
(Res. 2013-379; Res. 2021-002)
(1) 
Whenever a Police Officer has grounds under TTC §§ 4.25.150 or 4.25.200 to arrest a person who is a juvenile, the officer shall arrest the juvenile as provided in this chapter, and the provisions of this chapter shall govern the arrest and all subsequent proceedings.
(2) 
A juvenile held in custody under this chapter shall be held in any of the following places:
(a) 
Juvenile detention facility.
(b) 
Juvenile halfway home.
(c) 
Any other suitable place approved by the Court and/or beda?chelh.
(3) 
All civil and criminal proceedings against a juvenile under this chapter shall be within the jurisdiction of the Tribal Court rather than the Juvenile Court.
(4) 
The arrest and prosecution of a juvenile under this chapter does not bar proceedings in an appropriate Juvenile Court.
(5) 
A petition for a protection order under TTC § 4.25.470 may be filed against a juvenile who is alleged to have committed an act of domestic violence, and the provisions of this chapter shall govern all subsequent proceedings in the action.
(Ord. 117 § 1.9, 11-5-2001 (Res. 2001-365). Formerly 4.25.090; Res. 2013-379; Res. 2021-002)