CHAPTER 29 - DOMESTIC VIOLENCE
Section 29-1 Title, Purpose and Definitions
29-1.01 Purpose. It is the legislative intent and purpose of the Spokane Tribal Council in enacting this
Chapter:
(a) To promote the health, welfare and peace of the people of the Spokane Reservation by
providing an orderly, efficient and peaceful method of handling domestic violence situations;
(b) To provide maximum protection to victims of abuse;
(c) To show that all members of the Tribe and the entire community residing on the Spokane Indian
Reservation are to be cherished and treated with respect, and,
(d) To show that the voluntary use of any mind altering chemical/drug, including alcohol, will not be
an excuse for violent behavior.
29-1.02 Jurisdiction. The Spokane Tribe of Indians enacts this Chapter to apply to all people within the
exterior boundaries of the Spokane Reservation, and all Spokane Tribal and allotted Indian lands outside the
exterior boundaries of the Reservation, as well as those lands that fulfill the definition of "Indian Country" as
defined in 18 U.S.C. Section 1151.
29-1.03 Definitions. For the purposes of this Code, the following words and phrases shall, unless otherwise
indicated, have the following meaning:
(a) ”Abuse” means the infliction of physical harm, bodily injury or sexual assault, or the
apprehension of physical harm, bodily injury or sexual assault, and includes but is not limited to:
(1) Assault;
(2) Assault and Battery;
(3) Abduction;
(4) Attempted Rape or Rape;
(5) Malicious Destruction of Property;
(6) Criminal Trespass to Land, if owned by the alleged victim;
(7) Criminal Trespass to Building, if owned or leased by the alleged victim;
(8) Malicious Mischief;
(9) Kidnapping;
(10) Violation of a No Contact Order or Restraining Order issued under this Chapter;
(11) Stalking.
(b) “Court” means Spokane Tribal Court.
(c) “Intimate Partner” means a spouse, former spouse(s), a person related by blood or marriage, a
person related by an existing or prior marriage, a person who resides or formerly resided with
the person, or a person with whom the person has a child in common regardless of whether
they have been married or have lived together at any time.
(d) "Domestic Violence" means an act of abuse inflicted by a perpetrator upon
(1) an intimate partner
(2) the child of the intimate partner
(3) the child of the perpetrator
(4) a parent of the perpetrator.
(e) “Mandatory Arrest” means that the police officer shall arrest within 24 hours, if there is probable
cause to believe the person to be arrested has committed an offense as defined by this Chapter,
even though the arrest may be against the express wishes of the victim. The victim need not
sign a complaint for an arrest to occur.
(f) “Order of Protection” means a court order granted for the protection of victims of domestic
violence.
(g) “No Contact Order” means a court order issued by the Court at the time the bail hearing or
arraignment, directing the defendant to have no contact with the victim.
(h) “Perpetrator” means the person who has allegedly committed an act of domestic violence.
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Revised Spokane Law & Order Code, 5/14/2013