Tribe: The Muscogee (Creek) Nation
§ 3–301. Crimes involving domestic or family violence
A.
Crimes defined in Criminal Code. A ‘‘crime involving domestic or family
violence’’ occurs when a family or household member commits one or more of
the following crimes as defined in and punishable pursuant to Title 14 of the
Muscogee (Creek) Nation Code of Laws against another family or household
member:
1. Arson;
2.
Assault and battery offenses;
3.
4.
5.
Burglary, breaking and entering;
Destruction, damage, vandalism of property;
Homicide offenses, including without limitation, murder, non-negligent
manslaughter, negligent manslaughter, and justifiable homicide;
6.
Kidnaping and abduction; 7. Sex offenses, forcible, including without limitation forcible rape, forcible
sodomy, forcible sexual assault with an object, and forcible fondling;
8.
9.
Stolen property offenses;
Weapon law violations;
10. Disorderly conduct;
11. Stalking; and
12. Trespass of real property.
B. Violation of ex parte or final protection order by Indian respondent a
crime.
1.
In addition to the crimes listed in subsection A of this section, a ‘‘crime
involving domestic or family violence’’ includes the violation by an Indian
respondent of a protection order issued by the District Court in accordance
with this Act and includes the violation by an Indian respondent of a foreign
protection order as follows: An order enjoining respondent from threatening to
commit or committing acts of domestic or family violence against the petitioner
or other family or household member; an order prohibiting the respondent
from harassing, visiting, stalking, annoying, telephoning, contacting, or other
wise interfering with or communicating with the petitioner, directly or indirect
ly; an order removing and excluding the respondent from the residence of the
petitioner; an order requiring the respondent to stay away from the residence,
school, place of employment, or a specified place frequented regularly by the
petitioner and any named family or household member; and an order prohibit
ing the respondent from using or possessing a firearm or other weapon
specified by the Court.
2.
Except as provided by paragraph 3 of this subsection, any Indian respon
dent who has been served with an ex parte or final protection order or foreign
protection order and who is convicted of the crime of ‘‘Violation of a Protection
Order’’ shall be punished by a fine of not less than fifty dollars ($50.00) and not
more than two thousand five hundred dollars ($2,500.00) or by imprisonment
of not less than one (1) day and not more than one (1) year, or by both such fine
and imprisonment.
3.
Any Indian respondent who has been served with an ex parte or final
protection order or foreign protection order and who is convicted of the crime
of ‘‘Violation of a Protection Order–Second or Subsequent Offense’’ shall be
punished by a fine of not less than one thousand dollars ($1,000) and not more
than five thousand dollars ($5,000.00) or by imprisonment of not less than ten
(10) days and not more than one (1) year, or both such fine and imprisonment.
4.
Any Indian respondent who has been served with an ex parte or final
protection order or foreign protection order who violates the protection order
and causes physical injury or physical impairment to the petitioner or to any
other person named in said protection order shall, upon conviction, be guilty of
the crime of ‘‘Violation of Protection Order with Physical Injury Inflicted’’ and
shall be punished by a term of imprisonment for not less than twenty (20) days
nor more than one (1) year. In addition to the term of imprisonment, the
person may be punished by a fine not to exceed five thousand dollars ($5,000.00). In determining the term of imprisonment required by this paragraph, the jury or sentencing judge shall consider the degree of physical injury
or physical impairment to the victim. The provisions of this paragraph shall not
effect the applicability of Title 14 of the Muscogee (Creek) Nation Code of Laws.
5.
The minimum sentence of imprisonment issued pursuant to the provi
sions of paragraphs 1 and 2 of this subsection shall not be subject to statutory
provisions for suspended sentences, deferred sentences or probation, provided
the District Court may subject any remaining penalty under the jurisdiction of
the District Court to the statutory provisions for suspended sentences, deferred
sentences or probation.
6.
In addition to any other criminal penalty specified by this section, the
District Court may require the Indian respondent to undergo the treatment or
participate in the counseling services necessary to bring about the cessation of
domestic or family violence against the victim.
7.
When an Indian minor child violates the provisions of any protection
order, the violation shall be heard in a civil juvenile proceeding and the District
Court may order the child and the parent or parents of the child to participate
in family counseling services necessary to bring about the cessation of domestic
abuse against the victim and may order community service hours to be
performed. […] § 3–414. Violation of ex parte or final protection order; civil penalty
A.
Violation of order; contempt of court. Except as provided in subsection
B of this section, any person who has been served with an ex parte or final
protection order or foreign protection order and who is in violation of such
protection order, may be punished for civil contempt of court and upon entry of
a finding that such person is in contempt of court, shall be punished by a fine of
not less than fifty dollars ($50.00) and not more than two thousand five
hundred dollars ($2,500.00).
B. Violation of order; subsequent offenses. Any person who has been
served with an ex parte or final protection order or foreign protection order
and who is in violation of such protection order after a prior judicial finding of
contempt of court for a previous violation of such protection order, may be
punished for civil contempt of court and upon entry of a finding that such person is in contempt of court for a second or subsequent offense, shall be
punished by a fine of not less than one thousand dollars ($1,000) and not more
than five thousand dollars ($5,000.00); and
C. Treatment. In addition to any other civil penalty specified by this section,
the District Court may require the respondent to undergo the treatment or
participate in the counseling services necessary to bring about the cessation of
domestic or family violence against the victim.
D. Violation of order by minor. When a minor child violates the provisions
of any protection order, the violation shall be heard in a civil juvenile proceed
ing and the District Court may order the child and the parent or parents of the
child to participate in family counseling services necessary to bring about the
cessation of domestic abuse against the victim and may order community
service hours to be performed. […] § 3–312. Diversion prohibited; deferred sentencing permitted
A. Diversion prohibited. The District Court shall not approve diversion for a
perpetrator of a crime involving domestic or family violence.
B. Deferred sentence. The Court may defer sentencing of a perpetrator of a
crime involving domestic or family violence if:
1.
The perpetrator meets eligibility criteria established pursuant to subsec
tion C of this section;
2.
Consent of the Prosecutor is obtained after consultation with the victim,
when the victim is available;
3.
A hearing is held in which the perpetrator enters a plea or judicial
admission to the crime; and
4.
The Court orders conditions of the deferred sentence that are necessary
to protect the victim, prevent future violence, and rehabilitate the perpetrator.
C. Criteria. District Court shall establish criteria for determination of:
1.
A perpetrator’s eligibility for deferred sentencing;
2.
A perpetrator’s successful completion of the conditions imposed by the
Court; and
3.
Penalties for violation of the conditions imposed by the Court.
D. Dismissal. The case against a perpetrator of a crime involving domestic
or family violence may be dismissed if the perpetrator successfully completes
all conditions imposed by the Court pursuant to subsection B of this section.