(1) All training relating to the handling of domestic violence complaints by tribal law enforcement officers or cross-deputized officers shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of victims. Tribal Law Enforcement, the Tribal Domestic Violence Coordinator, and community organizations with expertise in the issue of domestic violence shall cooperate in all aspects of such training.

(2) The primary duty of tribal law enforcement officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.

(3) When a tribal law enforcement officer responds to a domestic violence call, the officer shall notify the victim of the victim’s right to initiate a criminal proceeding in all cases where the officer has not exercised arrest powers or decided to initiate criminal proceedings by citation or otherwise. The parties in such cases shall also be advised of the importance of preserving evidence.

(4) A tribal law enforcement officer responding to a domestic violence call shall take a complete offense report, including the officer’s disposition of the case and statements by the victim and witnesses, to be completed by the end of the officer’s shift. The tribal law enforcement officer shall forward the officer’s report to the tribal prosecutor within twenty-four (24) hours of responding to the initial call for police assistance.

(5) When a tribal law enforcement officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of their legal rights and remedies available to them. The notice shall include providing each person with a copy of the following statement:

1) IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the tribal prosecutor to file a criminal complaint. You also have the right to file a petition in Tribal Court requesting an order for protection from domestic abuse which could include any of the following:

i) An order restraining your abuser from further acts of abuse;

ii) an order directing your abuser to leave your household;

iii) an order preventing your abuser from entering your residence, school, business, or place of employment;

iv) an order awarding you or the other parent custody of or visitation with your minor child or children;

v) an order restraining your abuser from molesting or interfering with minor children in your custody;

vi) an order preventing the abuser from transferring any property or assets except in the usual course of business; and

vii) an order directing the party not granted custody of any minor children to pay temporary support to the custodial party if there is a legal obligation to do so. The forms you need to obtain a protection order are available from the Tribal Court Clerk . Information about shelters and alternatives to domestic violence is available from the Tribal Domestic Violence Coordinator.

(6) The tribal law enforcement officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.

(7) The tribal law enforcement officer shall forward the offense report to the tribal prosecutor within five days of making such report if there has not been an arrest but an offense is under active investigation.

(8) The tribal law enforcement officer shall make, as soon as practicable, a written record to the Tribal Court and the Tribal Court shall maintain records of all incidents of domestic violence reported to it. Records kept pursuant to this section shall be made identifiable by means of a Tribal Court register of domestic violence. [2008 Code § 5.1.8; Res. 2007-20]