37.03.060 Special Court Rules

(a) In addition to the Rules of Court generally applicable to such proceedings, the Court is authorized to take the following actions in a proceeding involving alleged domestic violence offenses:

(1) The Court shall, at the earliest stage of the proceedings, impose release conditions restraining the accused from committing further acts of violence against the alleged victim or any other person regardless of whether the Court orders bond release or recognizance release.

(2) In domestic violence cases, orders of release must be in writing and can only be made at a bond hearing.

(3) A Domestic Violence Victim Advocate may accompany the alleged victim to the any hearing related to the charges associated with domestic violence.

(4) Any written statement made by the alleged victim under oath and signed by the victim describing the alleged acts of domestic violence shall not be considered inadmissible solely because of a hearsay objection. Such a statement shall be subject to ordinary judicial analysis for admissibility of evidence in the Tribal Court.

(5) The following evidentiary privileges do not apply in any criminal proceeding in which a spouse or other family or household member is the victim of an alleged crime involving domestic violence perpetrated by the other spouse:

(A) The privilege of confidential communication between spouses.

(B) The testimonial privilege of spouses.

(6) Except as otherwise provided in this section, a victim of domestic violence may refuse to disclose and may prevent an advocate, elder or medicine person from disclosing confidential oral communication between the victim and the advocate and written records and reports concerning the victim unless the privilege is waived by the victim.

(A) The privilege does not relieve a person from any duty imposed in the mandatory reporting of child abuse or neglect.

(B) A person may not claim the privilege when providing evidence in proceedings concerning child abuse or neglect.

(b) In addition to the Rules of Court generally applicable to such proceedings, the Court shall take the following actions in a proceeding involving alleged domestic violence offenses:

(1) When offered to the Court, input from the victim shall be considered in determining the sentence to be imposed.

(2) Upon conviction, the perpetrator shall be ordered to participate in an appropriate counseling program.

(3) Failure to comply with a court order requiring a perpetrator to attend and cooperate in evaluation and/or undergo treatment as described in a treatment plan shall constitute contempt of court and is punishable as such. The Court may also order the imposition of any suspended sentence.