Statutes | Hoh Indian Tribe Law and Order Code Title 9 ยง 1.6 | 2020
A. A person commits one or more of the crimes involving domestic violence, as defined by Section 1.5 of this Ordinance when:
1. Attempting to cause or causing physical harm to another family or household member
2. Attempting to commit or committing a crime involving domestic violence against a family or household member
3. Placing the family or household member in reasonable fear or physical harm to him or herself or another family or household member. This fear may be produced by behavior which induces fear in the victim, including, but not limited to harassment, stalking, destruction of property, or physical harm or threat of harm to household pets
4. Causing a family or household member to engage in involuntary or sexual activity by force, threat of force or duress.
5. This section does not include acts of self-defense.
B. Penalties for the crime of Domestic Violence: Any person who shall knowingly commit an act of domestic violence as defined by Section 1.5 of this Ordinance shall be deemed guilty of the offense of domestic violence and upon conviction shall be sentenced to:
1. For the first offense: confinement of up to, but not exceed three (3) months and/or expulsion from the Hoh Indian Reservation of up to, but not exceed six (6) months and/or publication of the perpetrators name and photograph in the Hoh Tribal newspaper (if one exists) described as a Domestic Violence Perpetrator and/or a fine of up to, but not exceed two hundred dollars ($200) or to any combination of such confinement, expulsion, publication, and fine
2. For the second offense: confinement of up to, but not exceed five (5) months and/or expulsion from the Hoh Indian Reservation of up to, but not exceed twelve (12) months and/or publication of the perpetrators name and photograph in the Hoh Tribal newspaper (if one exists) described as a Domestic Violence Perpetrator and/or a fine of up to, but not exceed four hundred dollars ($400) or to any combination of such confinement, expulsion, publication, and fine
3. For the next offenses: confinement of up to, but not exceed six (6) months and/or expulsion from the Hoh Indian reservation of up to, but not exceed twenty-four (24) months and/or publication of the perpetrators name and photograph in the Hoh Tribal newspaper (if one exists) described as a Domestic Violence Perpetrator and/or a fine up to, but not to exceed five hundred dollars ($500) or to any combination of such confinement, expulsion, publication, and fine
C. 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 or expulsion of the convicted person until the fines and/or costs are paid in full.
D. In addition to or in lieu of the imposition of such confinement and/or fine, the Court shall order the convicted person to participate in the Hoh Tribe&rsquos Family Services certified domestic violence treatment program, or if the Hoh Tribe&rsquos Family Services Program is unavailable at the time of sentencing, a certified domestic violence treatment program at the convicted persons expense as provided in Section 1.10 of this Ordinance.
E. In addition to or in lieu of the imposition of such confinement and/or fine, for juveniles the Court shall order the convicted juvenile to participate in Hoh Tribe&rsquos Juvenile Offender Treatment Program, or if the Hoh Tribe&rsquos Juvenile Offender Program is unavailable at the time of sentencing, the juvenile will be referred to a juvenile community treatment offender program at the convicted juvenile persons expense.
F. Prosecution for the offense of domestic violence shall not preclude prosecution for any other offense under the Hoh Tribal Code arising from the same circumstances.