37.01.030 Definitions

(a) "ABUSE" means:

(1) Intentionally, recklessly or negligently causing or attempting to cause physical harm or mental anguish to another person; and

(2) Threatening or placing another person in reasonable fear or apprehension of imminent physical injury.

(b) "SEXUAL ASSAULT" means:

(1) Any unwelcome sexual contact;

(2) Causing another person to involuntarily engage in sexual activity by force; and

(3) Causing another person to involuntarily engage in sexual activity by threat of force or duress.

(1) Renders advocacy, counseling or assistance to victims of domestic violence;

(2) Supervises the employees or volunteers of the program;

(3) Administers the program; or

(4) Works under the direction of a supervisor of the program.

(d) "COUNSELING" means services provided by authorized agencies that provide services for, but not limited to, domestic violence, domestic violence evaluations, alcohol and drug rehabilitation, parenting and mental health education.

(e) "COURT" means the Tribal Court.

(f) "DOMESTIC VIOLENCE" means physical harm, bodily injury, assault, sexual assault or the infliction of reasonable fear of bodily injury between family or household members. All crimes involving violence, assault, physical abuse, sexual abuse or others enumerated in the Tribal Mountain Tribal Code and set forth in 37.200 (1) "Domestic Assault" and or 37.200.1 "Domestic Abuse" committed against or between family or household members may be charged as domestic violence and may be punished as provided in Chapter 37.03 of the Turtle Mountain Domestic Violence Code.

(g) "DOMESTIC VIOLENCE SHELTER" means a location that provides emergency housing on a 24-hour basis for victims of sexual assault, domestic violence or both. Confidentiality and protection of the location is encouraged.

(h) "FAMILY OR HOUSEHOLD MEMBER" means:

(1) a spouse;

(2) a former spouse;

(3) domestic partner (as defined in subsection (i));

(4) any persons who have a parent-child or grandparent-child relationship, whether by blood, marriage, or adoption;

(5) any minor children, by blood, marriage, or adoption, of a parent who is in a relationship that is described in (1) – (5) of this subsection;

(6) any persons who are siblings by blood, marriage, or adoption;

(7) any persons who are related by blood, marriage, or adoption within the first degree (cousin, aunt, uncle);

(8) any persons who are related by blood, marriage, or adoption and the victim is an elder or vulnerable adult;

(9) any persons who are presently residing together or who have resided together in the past, including emancipated minors; and

(10) any persons who have a child in common, regardless of whether they are or have been married or have lived together at any time.

(i) "DOMESTIC PARTNER" means adults or minors who are in a dating relationship (sexual or nonsexual), have been in a dating relationship (sexual or nonsexual) in the past, are engaged in a sexual relationship or who have been engaged in a sexual relationship. This shall include those persons involved in same sex relationships.

(j) "MANDATORY ARREST" means if there is probable cause to believe a person has committed an offense of domestic violence as defined by this section, a police officer SHALL arrest, with or without a warrant. The victim need not sign a complaint for an arrest to occur. Even if it is against the expressed wishes of the victim, the police officer shall arrest.

(k) "MENTAL ANGUISH" means causing a person psychological or emotional damage by any type of physical or verbal communication or contact including, but not limited to, physical or verbal threats, verbal abuse, physical abuse, harassment, stalking or any contact that is detrimental to the psychological and mental well-being of that person or any other family or household member.

(l) "PHYSICAL HARM" means the impairment of physical condition which includes, but shall not be limited to, any skin bruising, pressure sores, bleeding, failure to thrive, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition which imperils health or welfare.

(m) "PERPETRATOR" means a person who is alleged to have committed or has been convicted of committing an act of abuse or domestic violence.

(n) "POLICE OFFICER," "officer," or "police" means any law enforcement officer having legal jurisdiction.

(o) "PRIMARY AGGRESSOR" means the person(s) who has caused or has threatened to cause significant physical or emotional harm to another in his family or household, as compared to other party(s) involved. This is regardless of which party was the first aggressor. In determining whether one person is a primary aggressor, consideration shall include but is not limited to:

(1) Prior history of domestic violence;

(2) The relative severity of the injuries inflicted on each person;

(3) The likelihood of future injury to each person;

(4) Whether one of the persons acted in self-defense; and

(5) Relative ability to inflict harm between the parties involved.

(p) "PROGRAM OF INTERVENTION FOR PERPETRATORS" means a specialized domestic violence offenders' program that accepts court orders and voluntary participants and also:

(1) Offers intake, orientation and placement in a domestic violence class.

(2) Offers a minimum of fifteen (15) hours of education classes.

(3) Offers other programs designed to provide information and interventions to stop violence against Native women.

(4) Utilizes historical and cultural information in educating perpetrators of domestic violence regarding responsible Native behavior in the family, community and nation.

(5) Makes available and integrates the specialized function, knowledge and expertise of elders, medicine and traditional people.

(q) "PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE" means a specialized program for victims of domestic violence and their children whose primary purpose is to provide advocacy and related services that include but are not limited to advocacy, shelter, crisis intervention, supportive services, referral, and makes available the specialized knowledge and expertise of elders, medicine and traditional people.

(r) "PROTECTION ORDER" means a court order granted for the protection of victims of domestic violence.

(s) "SAFETY PLAN" means a written or oral outline of actions to be taken by a victim of domestic violence to secure protection and support after an assessment of the dangerousness of the situation has been made.

(t) "TRIBE" means the Turtle Mountain Band of Chippewa Indians.

(u) "TURTLE MOUNTAIN INDIAN RESERVATION" means all land within the exterior boundaries of the Turtle Mountain Indian Reservation and all trust land outside of the exterior boundaries of the Turtle Mountain Indian Reservation.

(v) "VICTIM" means family or household member(s) who have been subjected to domestic violence.