Tribe: Hannahville Indian Community
(2) Domestic Assault; assault, assault and battery; multiple and habitual offenses; penalties.
(a) Except as provided in subsection (b) and (c) of this subsection, a person who
commits a domestic assault and/or a domestic assault and battery may be punished
upon plea or conviction by incarceration for not more than 90 days and/or a fine of
not more than $500.00, plus costs.
[1] If, upon plea or conviction of a first offense under this section the court orders
that a period of incarceration shall be suspended or no period of incarceration
is ordered, then an order of probation shall require the defendant to participate
in the following mandatory programs:
[a] Batterers’ intervention program.
[b] Mental health services as assessed, including sexual offenders’ treatment
if criminal sexual conduct was involved in the incident.
Substance abuse counseling programs as assessed, if alcohol or controlled
substances were involved in the occurrence or incident.
Participation in an effects on children program if any children reside in the
home at the time of the occurrence or incident.
After an opportunity to be heard and in consultation with the Victims of
Crime office, a domestic violence personal protection order shall be
entered, if desired by the victim.