(b) Whenever a police officer investigates an alleged act of domestic violence, regardless of whether
an arrest is made, the officer shall make a written incident report of the alleged abuse and
submit that report to the Spokane Tribe’s Domestic Violence Program, or Department of Health
and Human Services if there is no such program, within 48 hours for purposes of program
coordination.
(c) In all domestic violence arrests, the officer shall notify the victim advocate on call of the
situation and allow the advocate to accompany him/her to the call once the scene has been
determined to be secure by the officer.
(1) If the advocate cannot be reached the advocate shall be notified by the next working
day.
(2) If, after investigating a complaint of domestic violence, the officer does not make an
arrest, the officer shall notify the victim advocate and advise of the incident.
(d) Within 24 hours following an arrest involving domestic violence, the police officer shall advise
the known victims of:
(1) the availability of Domestic Violence Treatment Programs;
(2) their legal rights and available services;
(3) information about how to obtain a “No Contact Order” or a Temporary Restraining
Order, and,
(4) the availability of filing a criminal complaint if an arrest is not immediately made.
(e) Upon an arrest of an alleged perpetrator under this section, the arresting police officer shall
cause the filing with the court a criminal complaint and an affidavit or written report of the
alleged abuse.
(1) Whether or not the alleged perpetrator has been arrested, the police shall refer the
alleged victim to the victim advocate within 24 hours.
(2) The Spokane Tribal Police Department and the Bureau of Indian Affairs Police, or other
commissioned officer, shall develop and maintain a protocol for implementation of their
obligations under this Chapter.
(f) While held in custody, the alleged perpetrator shall not be allowed to have contact with the
alleged victim from jail.
(g) If a law enforcement officer receives complaints of domestic violence from 2 or more opposing
persons, the officer shall evaluate each complaint separately to determine who was the
predominate aggressor.
(1) If the officer determines that 1 person was the predominate aggressor, the officer need
not arrest the other person alleged to have committed domestic violence.
(2) In determining whether a person is the predominate aggressor, the officer shall
consider:
(3) The history of domestic violence, both documented prior complaints and convictions and
the law enforcement officer’s own prior knowledge of the family;
(4) The relative severity of the injuries inflicted on each person, i.e., who in this relationship
poses the most danger to the other;
(5) The likelihood of future injury to each person, i.e., who is at the most risk of future
harm;
(6) Whether 1 of the persons acted in self-defense and/or in defense of others, and,
(7) The degree to which 1 of the persons has acted with deliberate intent to control, isolate,
intimidate, emotionally demean, cause injury or pain of fear of harm to the person or
third party.
(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) A law enforcement officer shall not consider the use of abuse of alcohol or other controlled
substances by either party in making a determination as to whether of domestic violence has
been committed.
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Revised Spokane Law & Order Code, 5/14/2013