Tribe: Eastern Shoshone Tribe of the Wind River Reservation
Section 17-1-2
Definitions As used in this chapter, the following terms shall have the meanings given below:
(1)
“Abuse” means the intentional infliction of physical harm, bodily injury or sexual
assault or the infliction of the fear of imminent physical harm, and includes but is not limited to
assault and battery as defined in the SALOC.
(2)
“Advocate” means a person who is employed to provide services to victims of
domestic violence and/or sexual assault or who volunteers to do so after receiving training in the
area, and is bound by confidentiality policies.
(3)
“Anger management” means a program based on psychological therapeutic
techniques and exercises by which someone with excessive or uncontrollable anger can control
or reduce the triggers, degrees, and effects of an angered emotional state. Anger management is
not appropriate or approved for domestic violence perpetrators. Anger management may,
however, be utilized for family violence perpetrators, provided they receive an intake evaluation assessment from a qualified Tribal or State certified domestic violence professional. (4)
“Alarm” means to cause apprehension or fear resulting from the reasonable
perception of danger.
(5)
(6)
“Coercion” means to restrain, compel or dominate by force or threat.
“Contact” includes but is not limited to:
a)
Repeatedly coming into and/or remaining in the visual or physical
presence of the other person;
b)
c)
person;
d)
Following the other person;
Waiting outside the home, property, place of work or school of the other
Sending or making written communications in any form, including text
messaging, IM, and social media, to the other person;
e)
Speaking with the other person by any means, including leaving a
voicemail message;
f)
g)
h)
Communicating with the other person through a third person;
Committing a crime against the other person;
Communicating with a third person who has some relationship to the other
person with the intent of impacting the third person’s relationship with that other person;
i)
Communicating with business entities with the intent of affecting some
right or interest of the other person;
j)
k)
Damaging the other person’s home, property, place of work or school; or
Delivering directly or through a third person any object to the home,
property, place of work or school of the other person.
(7)
(8)
“Court” means the Wind River Tribal Court.
“Course of conduct” means a pattern of conduct composed of a series of acts over
a period of time, however short, evidencing a continuity of purpose. (9)
“Dating relationship” means a social relationship of a romantic nature. In
determining whether parties have a “dating relationship,” the trier of fact shall consider:
a)
b)
c)
(10)
The length of time the relationship has existed;
The nature of the relationship; and
The frequency of the interaction between the parties.
“Dating violence” means a crime committed by a person who is or has been in a
social relationship of a romantic or intimate nature with the victim as determined by the length of
the relationship, the type of relationship, and the frequency of interaction between the persons
involved in the relationship.
(11)
“Domestic violence” means a crime committed by a current or former spouse or
intimate partner of the victim, by a person with whom the victim shares a child in common, by a
person who is cohabitating with or has cohabitated with the victim as a spouse or intimate
partner, or by a person similarly situated to a spouse of the victim under the domestic violence
laws of the Tribes.
Domestic violence can take many forms including, but not limited to, use of intimidation,
contact as defined within this chapter, manipulation, isolation, coercion, fear and/or violence, as
well as other tactics of power and control to establish and maintain a relationship of dominance
over an intimate partner, but does not include acts of self-defense. The following are examples
of what form the domestic violence action may take, but are not an exhaustive list, merely
illustrative:
a)
Attempting to commit or committing any criminal offense as defined by
SALOC Title VII against an intimate partner;
b)
Physically harming, attempting to physically harm, or placing an intimate
partner in reasonable fear of physical harm to himself or herself. Reasonable fear may be
produced by behavior which induces fear in the victim, including but not limited to,
harassment, stalking, destruction of property, or physical harm or threat of harm to
household pets;
c)
Emotional or mental abuse of the intimate partner, including physical or
mental intimidation, controlling activities, or using demeaning language;
d)
e)
Economic abuse of an intimate partner;
Causing an intimate partner to engage involuntarily in sexual activity; or f)
Preventing the victim from accessing services.
(12)
“Electronic communications” means any form of expression or exchange of
information by speech, photographs or written form using electronic means. Electronic
communication includes, but is not limited to, communication via telephone, facsimile,
electronic mail, social media and other electronic forms.
(13)
“Electronic surveillance” means monitoring the behavior, activities, or
whereabouts by electronic means.
(14)
or fury.
(15)
(16)
“Emotional distress” means a reaction such as anguish, grief, fright, humiliation,
“Elder” means a person 60 or more years old.
“Essential personal effects” means those items necessary for a person’s health,
welfare and livelihood, including but not limited to clothing, furniture, bedding, family
heirlooms, medications, money, personal documents, personal hygiene items, tools of the trade,
vehicles, jewelry, regalia or any cultural or ceremonial items, and pets.
(17)
“Ex parte” in this chapter means that only the requesting party is heard by the
Court, and that notice and an opportunity to contest the facts are not available to the party
adversely affected by the Court’s action.
(18)
“Family or household member” means:
a)
b)
c)
d)
Persons who are related by blood, marriage, or adoption;
Minor children, by blood, marriage, or adoption;
Minor children who are part of the household; or
Persons who reside or have resided together in the past who are not or
have not been intimate partners.
(19)
“Family violence” means the same or similar acts committed in domestic
violence, but directed towards a family or household member instead of an intimate partner. The
dynamics of power and control may or may not be present.
(20)
“Foreign protection order” means an injunction or other order related to domestic
violence or family violence, harassment, sexual abuse, or stalking for the purpose of preventing
violent or threatening acts or harassment against, or contact or communication with, or physical
proximity to another person, issued by a court of another state, territory, or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or any United
States military tribunal, or a Tribal Court, in a civil or criminal action.
(21)
(22)
“Indian Country” means the definition given in 18 U.S.C. 1151.
“Immediate family” means a spouse, parent, child, sibling, live-in partner, or any
other person who regularly resides in the household or who in the past regularly resided in the
household.
(23)
“Intimate partner” means:
a)
b)
c)
Spouses;
Former spouses;
Persons who are or have been in a marital-like relationship, including
same-sex relationships;
d)
Persons who have a child in common, regardless of whether they have
been married or have lived together at any time in a romantic relationship; or
e)
(24)
Persons who are dating or have dated in the past.
“Mandatory arrest” means that a Police Officer shall arrest a person if there is
probable cause to believe the person to be arrested has committed an offense as defined by this
chapter even though the arrest may be against the expressed wishes of the victim.
(25)
(26)
“Minor” or “juvenile” means any person under the age of 18 years of age.
“No contact order” means a Court order issued pursuant to a criminal case that
prohibits a criminal defendant from having contact with the victim.
(27)
“Protection order” means a temporary or permanent Court order, injunction or
other order related to domestic violence or family violence, harassment, sexual abuse, or
stalking, granted for the purpose of preventing violent or threatening acts or harassment against,
or contact or communication with, or physical proximity to another person, who is a victim or
alleged victim of domestic violence or family violence, dating violence, sexual assault or
stalking, and includes any temporary or final order issued by a civil or criminal court, whether
obtained by filing an independent action, if the civil or criminal order was issued in response to a
complaint, petition, or motion filed by or on behalf of a person seeking protection.
(28)
“Perpetrator” means the person who has committed an act of domestic violence or
family violence. The perpetrator may also be referred to as a “defendant” in a criminal case or “respondent” in a civil case.
(29)
“Law Enforcement Officer” means any person employed or commissioned as a
police or law enforcement officer by the Tribes, Bureau of Indian Affairs, Fremont County, State
of Wyoming, or any agency of the state or federal government or any law enforcement agency
having jurisdiction within the Wind River Indian Reservation, including non-Tribally deputized
officers who may make arrests on the Reservation.
(30)
“Probable cause” for arrest means that the Law Enforcement Officer, acting as a
person of reasonable caution, has reasonable grounds to believe that the person to be arrested has
committed an offense as defined by this chapter, based on all the facts known to the officer,
including the officer’s personal observations, statements made by parties involved in the
incident, statements made by witnesses, if any, and any other reliable information.
(31)
(32)
“Repeated” means two or more times.
“Safe house” means a safe home/safe house that provides temporary refuge and
other services on a 24-hour, seven-days-per-week basis, to victims of domestic violence and
their children.
(33)
(34)
“School” means a public or private institution of learning or a child care facility.
“Tribal or State certified domestic violence perpetrator treatment program” means
a State or Tribally certified program for abusers in which they are held accountable for their
abusive actions and/or controlling behavior and in which their belief systems are sought to be
changed. […] Section 17-3-3
Special Court Rules for Domestic Violence or Family Violence Crimes
In addition to the rules of court generally applicable to criminal proceedings, the Court is
authorized to take the following actions in proceedings of alleged domestic violence or family
violence:
(1)
If the alleged perpetrator pleads or is found guilty, the Court, in its discretion, may order the Probation Department to prepare a pre-sentence report prior to sentencing;
(2)
If it appears to the Court that alcohol or drugs played a part in the crime, a
chemical dependency evaluation with a treatment plan may be ordered prior to sentencing at the
discretion of the Court;
(3)
Upon a guilty plea, conviction, or other disposition, the Court may issue a no
contact order prohibiting the defendant from having any contact with the victim irrespective of
whether the victim consents; and
(4)
Upon a guilty plea, conviction, or other disposition, the perpetrator shall be
ordered to participate in a Behavioral Health certified domestic violence perpetrator treatment
program. If a Behavioral Health program is unavailable at the time of sentencing, the Court may
approve a certified domestic violence perpetrator treatment program in accordance with Section
17-3-4 (3) that comports with, at least, the following:
a)
An intake session which the perpetrator must cooperate in and attend for
the domestic violence perpetrator treatment program;
b)
The intake shall be completed by the perpetrator treatment program not
later than 10 calendar days after entry of the order requiring treatment, unless the Court
extends that time period for good cause shown;
c)
A copy of the recommended treatment plan adopted by the domestic
violence perpetrator treatment program shall be provided to the Court;
d)
The domestic violence perpetrator treatment program, or another services
provider acting on behalf of the treatment program, shall submit written progress reports
to the Court at least every six calendar weeks; and
e)
At the Court’s discretion, the perpetrator’s participation in treatment
sessions based on the treatment plan may be in lieu of confinement and/or fine, or the
execution of any such penalty may be suspended pending completion of the treatment
ordered by the Court. However, once this service is ordered it must be completed prior to
dismissal unless probation is revoked.