Statutes | Hoh Indian Tribe Law and Order Code Title 9 ยง 1.10 | 2020
In addition to the rules of Court generally applicable to criminal proceedings, the Court is authorized to take the following actions in proceeding involving alleged domestic violence crimes.
A. At the commitment hearing, if the alleged perpetrator is to be released from custody, the court in its discretion and as a condition of release, may issue an order for protection temporarily excluding the alleged perpetrator from the home of the alleged victim and restraining the alleged perpetrator from any contact with the alleged victim.
B. If the alleged perpetrator pleads guilty, a pre-sentence report may be ordered at the discretion of the Court prior to sentencing.
C. If it appears to the Court that alcohol or drugs played a part in the abuse, a chemical dependency evaluation with a treatment plan may be ordered, at the discretion of the Court prior to sentencing.
D. Upon a guilty plea or conviction, the perpetrator shall be ordered to participate in the Hoh Tribe&rsquos Family Services Certified Domestic Treatment program, or if the Hoh Tribe&rsquos Family Services Program is unavailable at the time of sentencing, a certified domestic violence treatment at the perpetrators expense consisting of at least the following:
1. The perpetrator shall attend and cooperate in an intake session for a domestic violence treatment program.
2. The intake shall be completed by the domestic, violence program not later than 10 calendar days after entry of the order requiring treatment, unless the Court extends that time period.
3. A copy of the intake and recommended treatment plan shall be provided to the court.
4. In the discretion of the court, the perpetrators participation in treatment sessions based on the domestic violence programs treatment plan may be in lieu of confinement and/or fine, or the execution of any such penalty may be suspended pending completion of the treatment ordered by the court.
5. The domestic violence program or other service providers shall submit progress reports to the Court at least every six (6) calendar weeks.
E. Willful failure or refusal to comply with a court order requiring a perpetrator to attend and cooperate with an intake and undergo treatment as described in a treatment plan shall constitute contempt of court punishable as provided in the Hoh Tribal Code. If the court has suspended execution of any penalty imposed under Sections 1.6 or 1.7 of this Ordinance on the condition that the perpetrator undergo court-ordered intake and treatment, the Court may also order execution of any such suspended sentence.
F. Any written statement made by the alleged victim under oath and signed by the victim that describes the alleged acts of domestic violence shall not be considered inadmissible hearsay evidence, but shall be admissible in any proceeding related to a prosecution under Sections 1.6 or 1.7 of this Ordinance.
G. Any assault upon a person acting in an official capacity in the protection of victims of domestic violence, e.g., womens advocacy, adult case manager, therapist, and other associates staff, shall be considered the most serious nature and punishable by six (6) months in jail and fined Five Hundred Dollars ($500). The Hoh Tribe&rsquos per capita payment of any person convicted under this section shall be withheld by the Hoh Tribe and applied to fines and/or costs incurred by the Hoh Tribe for confinement of the convicted person until the fines and/or costs are paid in full.