Skip to main content
This section is included in your selections.

(a) Because of the serious nature of domestic violence, the Court in domestic violence actions:

(1) Shall not dismiss any charge or delay disposition because of concurrent dissolution of other civil proceedings;

(2) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

(3) Shall not dismiss any criminal charge involving domestic violence solely because the victim does not wish the respondent to be prosecuted unless the victim appears in Court and satisfies the Court that dismissing the charge is in the best interest of the parties, including any minor children, and the Court concurs with the victim’s request;

(4) May issue a material witness warrant directing tribal law enforcement to arrest the victim or a witness in order to secure the victim’s and/or witness’s appearance at trial or hearing if the victim/witness has failed to appear in response to a properly served subpoena.

(i) Anyone arrested under this provision shall be brought before the Court as soon as possible, but no later than twenty-four (24) hours after arrest, for a hearing to show cause as to why they should not be found in contempt for failure to respond to the subpoena.

(ii) Any warrant issued under this provision shall not be served on a Friday, Saturday, Sunday, or court holiday;

(5) Shall waive any requirement that the victim’s location be disclosed to any person, other than the representative of a criminal respondent, upon a showing that there is a possibility of further violence; provided, that the Court may order a representative not to disclose to his client the victim’s location;

(6) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence; and

(7) Shall determine whether a no-contact order shall be issued or extended. [2008 Code § 5.1.12; Res. 2007-20]