Tribe: Omaha Tribe of Nebraska
SECTION 11-1-4. Definitions.
(a) Corroborating stalking conduct: This term shall mean any evidence of harassing behavior,
physical evidence at the scene, records, documents, letters, unsubstantiated alibis, recorded messages,
police reporls, prior stalking convictions, witness information, or any other information, which would
indicate a willful pattern of conduct or threat.
(b) Credible Threat: This term shall mean a verbal or written threat, or a threat implied by a pattern
of conduct, or combination of such vcrbal/wiitten statements and conduct. Such tl1reat shall be conveyed
either directly or through a third patiy, made with the intent to place the person who is the target of the
threat in reasonable fear for his or her safety. The standard for establishing a credible threat is the victim’s
perception of a threat to his/her safety as well as the apparent ability of the defendant to carry out his threat,
whether verbal, written or implied through a willful pattern of conduct. There must be a showing of an
identifiable pattern of corroborated stalking behavior.
(c) Domestic Violence: This term shall mean any action or omission which would constitute a
violation of Sections 11-2-1, 11-2-2 or 11-2-4 under this Title whether reported to law enforcement
authorities or not.
(d) Family or Ilouschold members: This term shall mean any of the following:
(I) Adult or Minors who arc current or former spouses;
(2) Adult or minors who are dating or who have dated:
(3) Adult or minor who engage in or have engaged in a sexual relationship:
(4) Adult or minors who are related or formerly related by marriage as recognized by Omaha
traditions. (5) Persons who have a child in common; and
(6) Minor children of a person in a relationship that is described in paragraphs (I) through (5).
( e) Harass: This tem1 shall mean a knowing and willful pattern of conduct directed at a specific
person, either directly or through a third party, which seriously alarms, annoys, torments, or terrorizes the
person, and which serves no legitimate purpose. Harassing behavior shall include but is not limited to:
(I) Vandalism or Criminal Mischief;
(2) Annoying or threatening telephone calls;
(3) Following or other violations of an order for protection;
( 4) Assaults or attempted assaults;
(5) Sending unwanted letters;
(6) Sending unwanted messages or threats through third parties;
(7) Showing up at a victim’s home or workplace;
(8) Attempting to obtain private information about tlie victim through others;
(9) Leaving gifts for the victim;
(10) Disabling or otherwise tampering with the victim’s mailbox;
( 11) Taking mail from the victim’s mailbox.
(12) Entering the victim’s home or place of residence whether the victim is home or not;
( 13) Parking near or driving by the victims residence or workplace for no legitimate reason;
(14) And, using agencies or institutions that constitute a pattern of conduct consistent with
retaliation by initiating investigations or sanctions against the victim.
(t) Pattern of Conduct: This tenu shall mean conduct which has caused the victim to suffer
substantial emotional distress or fear. This course of conduct should contain a series of acts carried out by
the Defendant over a period of time; however short, which demonstrates a continuity of purpose (i.e. to
harass, annoy, follow etc … ), and which would cause a reasonable person to suffer like emotional distress
or fear. (g) Program of intervention for perpetrators: This term shall mean a specialized program that accepts
court orders and voluntary participants that:
( 1) Offers intake, orientation and placement in a domestic violence class;
(2) Offers a minimum of twenty-four (24) re-education classes;
(3) Utilizes historical or cultural infonuation in re-educating perpetrators of domestic violence
regarding responsible Omaha behavior in the family, community and Nation.
( 4) Makes available and integrates the specialized function, knowledge and expertise of elders and
other culturally oriented traditional religious or tribal members.
(5) Or, in the event that the specific programs are not available, the Court may specify a program
or variety of programs or resources that best implement the spirit of this Title.
(h) Program for victim of domestic violence: This term shall mean a specialized program for the
victims of domestic violence and their children that includes or is not limited to advocacy, shelter, crisis
intervention, supportive services, referral and the ability to make available specialized knowledge and
expertise of elders or other culturally oriented traditional religious or tribal members. In the absence of
such a specific program the Court may delineate a substitute “program” comprises of services available at
the time and designed to accomplish the same goals under this Title as best possible.
(i) Safety Program: This tenn shall mean a written and/or oral plan, as ordered by the Court, of actions taken by a victim of domestic violence lo secure protection and support after making an assessment
of the dangerousness of the situation.