Tribe: Mississippi Band of Choctaw Indians
§3-10-3 Penalties; Protective Orders, Consent Agreements, Conditions of Release and
Probation. (1) Violation of a protective order or a court-approved consent agreement known to the
defendant shall be a Class A Offense. Likewise, a Class A offense shall be charged for any
violation of any criminal court order, including but not limited to orders containing
conditions of release or conditions of probation imposed upon the defendant for a crime
involving domestic violence. Such conditions of release or probation are not limited to but may
include the following: (a) enjoin the defendant from threatening to commit or committing acts of domestic
violence against the petitioner or other family or household members; (b) prohibit the defendant from harassing, annoying, telephoning, contacting or
otherwise communicating verbally, or in writing with the petitioner directly or
indirectly through family members, relations by marriage, friends and co-
workers; (c) remove or exclude the defendant from the residence of the petitioner; (d) require the defendant to stay away from the residence, school, place of
employment or a specified place frequented regularly by the petitioner and any
named family member or household member; (e) prohibit or not prohibit the defendant from using or possessing a firearm within the
discretion of the court unless a firearm has been used in the commission of the act; (f) require the defendant to attend a program for batterers or some other counseling
and/or treatment program; (g) direct the defendant to pay restitution to the victim; or (h) impose any other condition necessary to protect the victim of domestic violence and
any designated family or household member or to rehabilitate the defendant. (2) Violation of any of the above condition ordered by the court carries a maximum penalty of six
(6) months in jail or imposition of a fine of five hundred dollars ($500.00), or both. (3) The petitioner to whom a protective order has been is granted cannot be arrested for
violation of an order that has been issued for the purpose of protecting the petitioner unless the
order specifically prohibited the petitioner from making contact with the defendant. (4) The provisions of this chapter shall apply in any case when the Tribe exercises Special
Tribal Criminal Jurisdiction when the crime meets the definition of Violation of a
Protection Order under §2‐2-2(13). In such cases, the term “victim” means a person
specifically protected by a protection order that the defendant allegedly violated. […] §3-10-12 Conditions of Release. (1) There shall be a mandatory minimum “holding” period of twenty-four (24) hours prior to the
release of a defendant charged with a crime involving domestic violence if said crime resulted
in bodily injury or serious bodily injury to the victim, or threat of serious bodily injury to the
victim: (a) if the defendant is not arrested for a crime of domestic violence within seventy- two
(72) hours of the alleged incident, the judge may in his discretion waive the twenty
four (24) hour holding period so long as the judge determines from the totality of
the circumstances that the victim is not in immediate danger of bodily injury,
serious bodily injury or threat of serious bodily injury from the perpetrator;
or (b) within the twenty-four (24) hour holding period, bail may be set by a Tribal judge via
telephone. Bail may also be set by a Tribal judge at the time of the arraignment. The
defendant, however, shall not be released prior to the expiration of twenty- four (24)
hours from the time of arrest, not withstanding the defendant’s ability to meet the
bond requirement. (2) Before releasing a person arrested for or charged with a crime involving domestic violence or a
violation of an order for protection, court-approved consent agreement or criminal court
order involving domestic violence, the court may impose conditions of release or bail on
the alleged assailant to protect the alleged victim of domestic violence and to ensure the
appearance of the person at a subsequent court proceeding. The conditions may include: (a) an order enjoining the person from threatening to commit or committing acts of
domestic violence against the alleged victim or other family or household
member; (b) an order prohibiting the person from harassing, annoying, telephoning, contacting or
otherwise communicating with the alleged victim, either directly or indirectly through
family, relations by marriage, friends or co-workers; (c) an order directing the person to vacate or stay away from the home of the alleged
victim and/or child and to stay away from any location where the victim is likely to
be; (d) an order prohibiting the person from using or possessing a firearm or other
weapon specified by the court; (e) an order prohibiting the person from possession or consumption of alcohol or
controlled substances; or (f) any other order required to protect the safety of the alleged victim and to ensure the
appearance of the person in court. (3) If conditions of release are imposed, the Clerk of Court or Detention Officer shall: (a) issue a written order for conditional release; (b) immediately distribute a copy of the order to Law and Order and the Family
Violence and Victim’s Services Office; or (c) provide Law and Order with any available information concerning the location of the
perpetrator in a manner that protects the safety of the victim. (4) The Clerk of Court or Detention Officer shall provide a copy of the conditions to the arrested or charged person upon his release. Failure to provide the person with a copy of the
conditions of release does not invalidate the conditions if the arrested or charged person
has notice of the conditions. (5) If conditions of release are imposed without a hearing, the arrested or charged person may
request a prompt hearing before the court to review the conditions. Upon such a request, the
court shall hold a prompt hearing to review the conditions. […] §3-10-18 Conditions of Probation for a Perpetrator Convicted of a Crime Involving
Domestic Violence. (1) Before placing a perpetrator who is convicted of a crime involving domestic violence on
probation, the court shall consider the safety and protection of the victim of domestic
violence. (2) The court may condition the granting of probation to a perpetrator in compliance with one or
more orders of the court, including but not limited to: (a) enjoining the perpetrator from threatening to commit or committing acts of
domestic violence against the victim or other family or household member; (b) prohibiting the perpetrator from harassing, annoying, telephoning or contacting, or
otherwise communicating with the victim, directly or indirectly through family,
relations by marriage, friends or co-workers; (c) requiring the perpetrator to stay away from the residence, school, place of
employment or a specified place frequented regularly by the victim and any
designated family or household member; (d) prohibiting the perpetrator from possessing or consuming alcohol or controlled
substances; (e) prohibiting the perpetrator from possessing a firearm or other specified weapon; (f) directing the perpetrator to surrender any weapons owned or possessed by the
perpetrator; (g) directing the perpetrator to participate in and complete to the satisfaction of the
court, a program for batterers, treatment for alcohol or substance abuse, or psychiatric or psychological treatment or any other program or service deemed
applicable by the Domestic Violence Program or Probation Officer; (h) directing the perpetrator to pay restitution to the victim; or (i) imposing any other condition necessary to protect the victim of domestic violence and
any designated family or household member or to rehabilitate the perpetrator.