of the statement sufficiently in advance of the proceedings to provide the adverse party with a
fair opportunity to prepare to challenge the statement.
29-4.13 Communication to Police. All orders prohibiting contact shall be immediately communicated to the
Police, who shall keep such orders in their active records for immediate reference for at least 1 year from the
date of issuance.
Section 29-5 Victim’s Rights
29-5.01 Final Order-Defendant Convicted. When a defendant is found guilty of a crime and a condition of
the sentence restricts the defendant's ability to have contact with the victim, such order shall be provided to
the victim.
29-5.02 Decision Not to Prosecute. If a decision is made not to prosecute, the victim shall be advised, within
5 days of the decision, of the reasons for not prosecuting, and any recourse available to the victim.
29-5.03 Domestic Violence Leave.
(a) Purpose: Victims of Domestic Violence are often times forced to flee from a perpetrator in order
to avoid future danger and violence.
(1) In so fleeing victims who are employed frequently miss days of employment.
(2) It is the purpose of this section to preclude employers located on the Spokane Indian
Reservation from terminating any employee who can document an instance of domestic
violence which contributed to the employee’s absence from employment.
(3) Employers have the option of granting such employees leave with pay or leave without
pay because of domestic violence related absences.
(b) Discharges for Absence of Employment Due to Domestic Violence Prohibited. It shall be a
violation of this chapter for any employer located within the exterior boundaries of the Spokane
Indian Reservation to terminate or otherwise discipline any employee who has missed work or is
tardy to work when such employee demonstrates, either through the filing of criminal or civil
proceedings in a court of law or by such other method satisfactory to the employer, that he/she
has been the victim of domestic violence and that such violence contributed to his/her
absence(s) from work or tardiness to work.
(1) In lieu of disciplinary action, the employer shall grant the employee leave with or without
pay, dependent upon the policies of the employer, for such absences.
(c) Penalty for Violation: Any employer who willfully violates this section shall be subject to a civil
penalty of $500 payable to the Tribe in addition to any other remedies the wrongfully discharged
employee may have against his/her employer.
(1) Nothing in this section shall preclude a private party from commencing a wrongful
termination action against an employer for violation of this section.
Section 29-6 Liability of Police Officers
29-6.01 Liability of Police Officers. A police officer shall not be held liable in any civil action for an arrest
based upon probable cause, enforcement in good faith of a court order, or any other action or omission
29-6.02 taken in good faith under this chapter arising from an alleged incident of domestic violence brought
by any party to the incident.
Section 29-7 Severability
29-7.01 Severability. If any provision of this Chapter or its application to any person or circumstance is held
invalid, the remainder of the Chapter or the application of the provision to other persons or circumstances is
not affected, provided that the purposes of the Chapter can still be fulfilled.
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Revised Spokane Law & Order Code, 5/14/2013