Statutes | 4 HCC § 5 Chapter II § 5 | 2020
Unless context otherwise requires, terms used in the Ho-Chunk Nation Domestic Abuse Act of 2000 have the following meaning:
a. &ldquoAdvocate&rdquo means an employee of a program that provides services to victims of domestic violence, includes legal advocates.
b. &ldquoBodily injury&rdquo means physical pain, illness, or an impairment of a physical condition.
c. &ldquoCausing apprehension of bodily injury&rdquo means any physical act, including utterance of verbal threats, which is intended to cause another person reasonably to fear serious bodily injury or death.
d. &ldquoCausing emotional distress&rdquo means engaging in conduct that would cause a reasonable person emotional distress and does in fact cause emotional distress to the person. Unless the presumption is rebutted by a preponderance of the evidence, the following types of conduct will be presumed to cause emotional distress:
(1) Creating a disturbance at a person&rsquos place of employment or school.
(2) Repeatedly telephoning a person&rsquos place of employment, school or domicile.
(3) Repeatedly following a person in a public place or places.
(4) Repeatedly keeping a person under surveillance by remaining present outside his or her home, school, place of employment, vehicle or other place occupied by the person or by peering in the person&rsquos windows.
(5) Improperly concealing a minor child from a person with sole or joint custody of the minor, repeatedly threatening to improperly remove the person&rsquos minor child from the jurisdiction or from his or her physical care, repeatedly threatening to conceal the person&rsquos minor child, or making a single such threat following an actual or attempted improper removal or concealment, unless the removal or attempted removal was made while fleeing from an incident or pattern of domestic violence.
(6) Threatening physical force, confinement or restraint on one or more occasions.
e. &ldquoClerk of Court&rdquo means the clerk of court of the Ho-Chunk Nation Trial Court.
f. &ldquoConfidential hearings&rdquo means the hearings where the parties to the action and their legal advocates including necessary court personnel, are privy, whereby not disclosed to the public.
g. &ldquoContact&rdquo means to get in communication with by any means.
h. &ldquoCourt&rdquo means the Ho-Chunk Nation Trial Court.
i. &ldquoDomestic Abuse&rdquo means one or more of the following acts, but does not include acts of self-defense by the victim:
(1) Attempting to cause or causing physical harm, bodily injury, or assault on a family or household member.
(2) Placing a family or household member in fear of the infliction of emotional, financial, physical harm, bodily injury, or assault.
(3) Causing a family or household member to engage in involuntary financial or sexual activity by force, threat of force, or duress.
j. &ldquoDomicile&rdquo means a person&rsquos permanent home, legal home, or main residence.
k. &ldquoHarassment&rdquo means words, conduct or action (usually persistent or repeated) that, being directed at a specific person, annoys, alarms, or causes substantial emotional distress in that person and serves no legitimate purpose.
l. &ldquoFamily or household member&rdquo for the purpose of this Act means any of the following:
(1) Spouse.
(2) Former spouse.
(3) . Persons who have a child in common or who are expecting a child in common, regardless of whether they have been married or have lived together at any time.
(4) Persons eighteen years of age or older who are related by blood or marriage.
(5) Persons Persons eighteen years of age or older who are presently residing together or who have resided together in the past.
(6) Persons sixteen years of age or older who have or have had a dating relationship.
(7) Persons who have a biological or legal parent-child relationship including stepparents and stepchildren and grandparents and grandchildren.
(8) Physically or mentally disabled persons and their caregivers.
(9) Elders sixty years of age or older and their caregivers.
m. &ldquoMandatory Reporter&rdquo is a person whom is compelled to report acts of domestic violence to the Ho-Chunk Nation Department of Social Services.
n. &ldquoOfficer&rdquo means a member of the Ho-Chunk Police Department or Neighborhood Watch Patrol.
o. &ldquoPolice Officer&rdquo means a member of any law enforcement agency with criminal jurisdiction on land of the Ho-Chunk Nation.
p. &ldquoProgram of intervention for perpetrators&rdquo means a specialized program that:
(1) Accepts perpetrators of domestic or family violence into treatment or educational classes to satisfy court orders
(2) Offers treatment to perpetrators of domestic or family violence
(3) Offers classes or instruction to perpetrators of domestic or family violence
(4) Domestic Violence Court.
q. &ldquoProgram of intervention for victims&rdquo means that program which the Ho-Chunk Nation acknowledges as serving battered men/women and children by providing advocacy, shelter, crisis intervention, counseling, education and other appropriate services.
r. &ldquoTerritorial Jurisdiction&rdquo is territory over which the Ho-Chunk Nation government, one of its Courts, or one of its subdivisions has jurisdiction including any land owned or leased by the Ho-Chunk Nation whether it is in fee simple, trust, or heirship status, including Non-Profits chartered by the Ho-Chunk Nation.
s. &ldquoTLOA&rdquo means the Tribal Law and Order Act of ?????.
t. &ldquoVAWA&rdquo means the federal Violence Against Women Act of 1994.