37.04.010 Duties of Police Officers

(a) When responding to a domestic violence situation, the primary duty of the police officer is to enforce the laws and ensure victim safety.

(b) If the victim is present when the officer arrests a person for domestic violence, the officer shall advise the victim of reasonable means to prevent further abuse, the availability of a shelter, the availability of other services in the community and give the victim immediate notice of any legal rights and remedies available in accordance with policies and protocols adopted in accordance with this Ordinance.

(c) Whether or not the victim signs a complaint and whether or not the arrest is against the expressed wishes of the victim, if probable cause exists that any crime involving domestic violence was committed within 48 hours of a report to law enforcement, or any crime involving domestic violence was committed in the presence of the officer, the officer shall arrest the perpetrator with or without a warrant.

(d) Whenever a law enforcement officer makes an arrest for domestic violence, he/she shall complete and sign a complaint against the alleged abuser on behalf of the Turtle Mountain Tribe. He/she shall submit a detailed report of the circumstances of the arrest, along with statements from the victim and other witnesses.

(e) Whenever a police officer investigates an allegation of domestic violence, whether or not an arrest is made, the officer shall make a written incident report of the alleged abuse and submit that report to his/her supervisor, the Tribal Prosecutor's office and Victims of Crime Assistance within 48 hours.

(f) If a law enforcement officer receives complaints of domestic violence from two or more persons, circumstances shall be evaluated to determine if there was a primary physical aggressor. If the officer determines that one person was a primary physical aggressor, the officer may arrest the person who has committed domestic violence. In determining whether a person is the primary aggressor, the officer shall consider:

(1) The history of domestic violence, documented prior complaints, convictions and the law enforcement officer's own prior knowledge of the family;

(2) The relative severity of the injuries inflicted on each person, i.e., "Who in this relationship poses the most danger to the other?";

(3) The likelihood of future injury to each person, i.e., "Who is at the most risk of future harm?";

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

(5) The degree to which one of the persons has acted with more deliberate intent to control, isolate, intimidate, emotionally demean or cause injury, pain or fear of harm to the person or a third party.

(g) When he/she has probable cause to believe a crime of domestic violence is occurring or has just occurred, a law enforcement officer need not obtain a search warrant in order to enter a residence or seize property.

(h) A law enforcement officer shall not threaten, suggest or otherwise indicate the possible arrest of all parties to discourage requests for intervention by any party.

(i) The Victim shall be furnished with a copy of the following statement:

If you are the victim of domestic violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that the officer assist in providing for your safety. You may also request that the officer assist you in obtaining your essential personal effects, locate or take you to a safe place, including but not limited to a shelter, a family member or friend's residence or a similar place of safety. If you are in need of medical treatment, you have the right to request that the officer assist you in obtaining medical treatment. You may request a copy of the report at no cost from the law enforcement department.

The Office of the Tribal Prosecutor will be notified of the incident and they shall determine whether to file charges against your abuser. An emergency order of protection will be issued against your abuser at the time of the arrest or at your request. You also have the right to go to Court and file a petition requesting any or all of the following temporary orders for relief.

(1) An order restraining your abuser from abusing, harassing, stalking, threatening, annoying, telephoning or otherwise contacting you and committing other acts of domestic violence;

(2) An order removing your abuser from the residence regardless of ownership and to stay away with no contact;

(3) An order preventing your abuser from removing any property from your household except for clothing and other such personal effects which may only be removed when the abuser is accompanied by a police officer;

(4) An order awarding you custody or visitation of a minor child or children;

(5) An order specifying arrangements for visitation by your abuser, including required supervised visitation;

(6) An order restraining your abuser from harassing or interfering with minor children in your custody;

(7) An order directing the party not granted custody to pay support of minor children or to pay support of the other party if there is already a legal obligation to do so.

(8) An order protecting other family and household members;

(9) An order directing your abuser to stay away from your or any other designated household/family member's place of residence, school, place of employment, or any other specified place frequented by you;

(10) An order prohibiting your abuser from using or possessing any firearm or other weapon specified by the court;

(11) An order granting you possession and use of the automobile and other essential personal effects regardless of ownership; and

(12) An order requiring your abuser to pay certain costs and fees, such as rent or mortgage payments, child support payments, medical expenses, expenses for shelter, court costs, and attorney's fees.

The forms you need to obtain an order for protection are available from Victims of Crime Assistance and/or the Clerk of Court. Victims of Crime Assistance is available to assist you in obtaining information relating to domestic violence, treatment of injuries and places of safety and shelter. You also have the right to seek reimbursement for losses suffered because of the abuse, including medical and moving expenses, loss of earnings or support, and other expenses for injuries sustained and damage to your property. This can be done through Tribal Court.

The written notice must not include the addresses or locations of shelters and must be provided in the native language of the victim, if practicable, when the native language of the victim is not English.

(j) A law enforcement officer responding to an allegation of domestic violence shall use all reasonable means to protect the victim and prevent further violence, including but not limited to:

(1) Taking action necessary to provide for the safety of the victim and any family or household member;

(2) Transporting or obtaining transportation for the victim or any minor child (or children) to a temporary shelter;

(3) Assisting the victim and any minor child (children) in obtaining immediate medical treatment, including obtaining transportation to a medical facility;

(4) Removal of any weapons from the perpetrator's immediate possession;

(5) Assisting the victim in removing essential personal effects; and

(6) Giving the victim immediate and adequate notice of the rights of victims and the remedies and services available to victims of domestic violence.

(k) When an order is issued upon a request of the applicant under this Ordinance, the Court shall order an appropriate law enforcement officer to accompany the applicant and assist in placing the applicant in possession of the dwelling or residence, or otherwise assist in execution or service of the Protection Order, which may include referral to Victims of Crime Assistance.

(l) When a perpetrator is scheduled to be released from custody or escapes from custody, the Police Department and/or Tribal Prosecutor shall make reasonable efforts to notify the victim prior to the release of the perpetrator from custody.

(m) In all cases of domestic abuse, the numbers of all written reports made by the officer(s) shall be tabulated. A quarterly report shall be made by the police department, setting out the numbers of reports of domestic violence, investigations and arrests. Such statistics shall be made available to appropriate agencies and the public.