5.05.40 Arrest.
(a) Regardless of whether a victim requests that the person not be arrested, a law enforcement officer shall arrest and take into custody a person without a warrant when the officer has probable cause to believe that:
(1) An order, of which the person has knowledge, has been issued under this title restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence; or
(2) The person within the preceding twenty-four (24) hours has assaulted a family or household member, and the law enforcement officer believes an assault has occurred which has resulted in bodily injury to the victim, whether or not the injury is observable by the responding officer; or that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death.
(b) When the law enforcement officer has probable cause to believe that family or household members have assaulted each other, the officer may, but is not required to, arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:
(1) The intent to protect victims of domestic violence under this title;
(2) The comparative extent of injuries inflicted or serious threats creating fear of physical injury; and
(3) Any history of domestic violence between the persons involved.
(c) A law enforcement officer shall enforce an order issued by the Tribal Court restricting a respondent’s ability to have contact with a victim by arresting and taking the respondent into custody, when the officer has probable cause to believe the respondent has violated the terms of that order. [Amended during 2020 recodification; 2008 Code § 5.1.4; Res. 2007-20]