Statutes | Hoh Indian Tribe Law and Order Code Title 9 ยง 1.8 | 2020
A. A police officer shall arrest an alleged perpetrator of any age for a domestic violence crime as defined in Section 1.5, 1.6 and 1.7 of this Ordinance, if an arrest warrant has been issued, or without a warrant if the offense occurs in the presence of the officer or if the officer has probable cause to believe that the person to be arrested has committed a domestic violence offense. If the conditions for arrest established by this Section are present, the officer shall arrest the alleged perpetrator of the domestic violence offense whether or not the alleged victim signs a complaint and whether or not the arrest is against the expressed wishes of the alleged victim.
B. Determination of Primary Physical Aggressor: If a police officer receives a complaint alleging an incident of domestic violence from or involving two or more opposing persons, the officer shall evaluate each complaint separately to determine who was more likely to have been the primary physical aggressor. In determining whether a person was the primary physical aggressor, the officer shall consider:
1. Prior complaints of domestic violence
2. The relative severity of injuries inflicted on each person
3. The likelihood of future injury to each person and
4. Whether one of the persons acted in self-defense.
If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person, even if the officer has probable cause to believe that the other person has committed domestic violence or a crime involving domestic violence against the primary physical aggressor.
A police officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests of intervention by law enforcement by any party.
C. Whenever a police officer investigates an allegation of domestic violence, whether or not an arrest is made, the officer shall make a detailed written report of the alleged abuse and submit that report to the Hoh Tribe&rsquos Domestic Violence Program (if one exists) and the Hoh Tribe&rsquos Perpetrator Program (if one exists) or Family Services within 48 hours for purposes of program coordination. The report shall state why the officer either did not make an arrest, or arrested two or more parties.
D. In all domestic violence arrests, after notifying the alleged perpetrator of his/her rights, if the alleged perpetrator consents, a police officer or criminal investigator shall interview the alleged perpetrator within 24 hours after the arrest.
E. Immediately following a domestic violence arrest, the police officer shall advise all known victims of the availability of Domestic Violence Services Programs (as applicable) and shall give the victims cards describing their legal rights and other services available. Upon request of the victim, the police officer shall provide or arrange for transportation of the victim to a medical facility or a place of shelter.
F. Upon a domestic violence arrest, the arresting police officer shall file with the prosecutor a criminal complaint and an affidavit or a written report of the alleged abuse within 48 hours of the arrest or the first day after a weekend or holiday.
G. Whether or not the alleged perpetrator has been arrested, the Prosecutor shall assist the alleged victim or other appropriate persons in the preparation and filing of a criminal complaint under this Section and/or a petition under Section 1.11 of this Ordinance.
H. Any alleged perpetrator arrested under this Section shall be held in custody for a period not less than forty-eight (48) hours, or such longer period as is necessary to conduct a commitment hearing or as determined by the court, as a mandatory "cooling off" period. Prior to the commitment hearing, the alleged perpetrator shall not be released on bail or on his/her own recognizance.
I. The Hoh Police Department and the ICW legal staff shall develop and maintain a protocol for implementation of their obligations under this Ordinance.