Statutes | Hoh Indian Tribe Law and Order Code Title 9 ยง 1.5 | 2020
As used in this Ordinance the following terms shall have the meaning given below:
A. "Abuse" means the infliction of physical harm, bodily injury or sexual assault or the infliction of the fear of imminent physical harm, and includes but is not limited to assault and battery as defined in the Hoh Tribal code.
B. "Alarm" means to cause apprehension or fear resulting from the perception of danger.
C. "Coerce" means to restrain, compel or dominate by force or threat.
D. "Contact" includes but is not limited to:
1. Repeatedly coming into and/or remaining in a visual or physical presence of the other person
2. Following the other person
3. Waiting outside the home, property, place of work or school or the other person or of a member of that persons family or household
4. Sending or making written communications in any form to the other person
5. Speaking with the other person by any means
6. Communicating with the other person through a third person
7. Committing a crime against the other person
8. Communicating with a third person who has some relationship to the other person with the intent of affecting the third persons relationship with the other person
9. Communicating with business entities with the intent of affecting some right or interest of the other person
10. Damaging the other persons home, property, place of work or school or
11. Delivering directly or through a third person any object to the home, property, place of work or school of the other person.
E. "Court" means the Hoh Tribal Court.
F. "Course of conduct" means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying verbal or written threats, or threats implied by conduct or a combination thereof directed at or toward a person.
G. "Crime of Domestic Violence" means one or more of the following when committed by a family or household member against another family or household member:
1. Offenses listed under 18 U.S.C.SS1153, the Major Crimes Act as now or hereinafter amended: murder, manslaughter, kidnapping, maiming, felony sexual abuse under chapter 109A, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, arson, burglary, robbery, and felony theft under section 661 of Title 18.
2. Offenses listed under the Hoh Tribes code, Title 5, as now or hereafter amended: assault, aggravated assault, intimidation, neglect, endangerment, elder abuse, unlawful restraint, kidnapping, aggravated kidnapping, criminal mischief, trespass, and disobedience to lawful orders of court, when the order was entered or the purpose of protecting a victim of alleged domestic violence.
3. Offenses listed under the Hoh Tribal Code, Title 5, Section 5.17, Sexual Offenses, as now or hereafter amended.
H. "Domestic Violence" means an act of abuse, as defined in Section 1.5 (A), by a perpetrator or a family member or household member of the perpetrator.
I. "Elder" means a person 55 or more years old.
J. "Ex parte" when used in connection with proceedings of protection orders of the Court under this Ordinance, means that only the requesting party is heard by the court, and that notice and an opportunity to contest the facts are not available to the party adversely affected.
K. "Family member or household member" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together, or who have resided together in the past, persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons 16 years of age or older who whom a respondent 16 years of age or older has or has had a dating relationship, and persons who have a biological or legal parentchild relationship, including stepparents and stepchildren and grandparents and grandchildren.
L. "Foreign Protection Order" means an injunction or other order related to domestic or family violence, harassment, sexual abuse, or stalking, for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to another person issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or any United States military tribunal, or a tribal court, in a civil or criminal action.
M. "Immediate family" means a spouse, parent, child, sibling, live-in partner, or any other person who regularly resides in the household or who within the past six months regularly resided in the household.
N. "Injunction" an injunction is a request for a special proceeding in which an order is issued by a judge, which restrains or enjoins a party from doing an act, or which requires a party to do a particular act. Such orders can be temporary or permanent and are usually issued for a specific time period.
O. "Mandatory Arrest" means that the victim need not sign a complaint for an arrest to occur. A police officer shall arrest if there is probably cause to believe the person to be arrested has committed an offense as defined by this Ordinance even though the arrest may be against the expressed wishes of the victim.
P. "Minor" or "Juvenile" shall mean any person under the age of eighteen years of age.
Q "Order of Protection" means a court order granted for the protection of victims of domestic violence.
R. "Perpetrator" means the person who has committed an act of abuse on his or her family member or household member. The perpetrator may also be referred to as a "respondent" in a case.
S. "Police Officer" means any person employed or commissioned as a police, or peace or law enforcement officer by the Hoh Tribes, Jefferson County, the State of Washington, or any agency of the federal government or any agency having jurisdiction within the Hoh Indian Reservation, including non-tribally deputized officers who may make arrests on the reservation.
T. "Probable Cause" for arrest means that the police officer, acting as a person of reasonable caution, has reasonable grounds to believe that the person to be arrested has committed an offense as defined by this Ordinance, based on all the facts known to the officer, including the officers personal observations, statements made by parties involved in the incident, statements made by witnesses, if any, and any other reliable information.
8. "Protection Orders" include the following temporary or permanent orders: No-contact Order (criminal), Protection Order (civil), Restraining Order (civil), or Anti-harassment Order (civil).
9. "Repeated" means two or more times.
10. "School" means a public or private institution of learning or a child care facility.
11. "Treatment" there is a controversy surrounding the use of the word "treatment". Some advocates believe that the term signifies a mode of working with abusers, which does not hold them accountable for their actions nor try to alter their belief system. As used in this ordinance, the word treatment means a program for abusers in which they are held accountable for their abusive actions, and in which their belief systems are sought to be changed.