Tribe: Grand Traverse Band of Ottawa and Chippewa Indians
§ 311 – Domestic Violence and Sentencing
(a) A person commits the crime of domestic violence when:
(1) The person engages in any of the following acts against a family or household
members or person in a dating relationship. (b) First Offense:
Any person who commits a crime of domestic violence with no prior conviction of
domestic violence in any jurisdiction shall be deemed guilty of the first offense of
domestic violence. A person convicted of a first offense of domestic violence shall be
imprisoned, for a term of not less than three (3) days or more than one (1) year and shall
be fined an amount not less than one hundred dollars ($100) or more than five thousand
dollars ($5,000). A domestic violence assessment and a requirement that the defendant
follows through with the recommendations made in the assessment shall be part of
sentencing as well as restitution when appropriate.
(c) Second Offense:
A person convicted of a second offense of domestic violence shall be imprisoned for a
term of not less than thirty (30) days or more than one (1) year and fined an amount not
less than five hundred dollars ($500) or more than five thousand dollars ($5,000).
Mandatory counseling shall be part of sentencing as well as restitution when appropriate.
(d) Third and Subsequent Offense:
A person convicted of a third or subsequent offense of domestic violence shall be
imprisoned for a term of not less than ninety-three (93) days or more than one (1) year and
fined an amount not less than one thousand dollars ($1,000) or more than five thousand
dollars ($5,000). Mandatory counseling shall be part of the sentencing as well as
restitution when appropriate. (e) Availability of Deferral of Sentence for First-Time Offender.
(1) An individual who has not been convicted previously of an assaultive crime may
plead guilty to a violation in Title 9, Chapter 2 or 3 of the Tribal Code and the
victim of the assault is the offender’s spouse or former spouse, an individual who
has had a child in common with the offender, an individual who has or has had a
dating relationship with the offender, or an individual residing or having resided in
the same household as the offender. The court, without entering a judgment of guilt
and with the consent of the accused and of the prosecuting attorney in consultation
with the victim, may defer further proceedings and place the accused on probation
as provided in this section. Before deferring proceedings under this subsection, the
court shall consult any resource that may have knowledge that the accused has
previously been convicted of an assaultive crime or has previously availed himself
or herself of this section. If the search of the records reveals an arrest for an
assaultive crime but no disposition, the court shall consult the arresting agency and
the court that had jurisdiction over the violation to determine the disposition of that
arrest.
(2) Upon a violation of a term or condition of probation, the court may enter an
adjudication of guilt and proceed as otherwise provided in this section. (3) An order of probation entered under this chapter may include any condition of
probation authorized under the Tribal Code or Court Rules, including, but not
limited to, requiring the accused to participate in a mandatory counseling program.
The court may order the accused to pay the reasonable costs of the mandatory
counseling program. The court also may order the accused to participate in drug
court. The court may order the defendant to be imprisoned for not more than twelve
(12) months at the time or intervals, which may be consecutive or nonconsecutive
and within the period of probation, as the court determines. However, the period of
imprisonment shall not exceed the maximum period of imprisonment authorized
for the offense if the maximum period is less than twelve (12) months.
(4) The court shall enter an adjudication of guilt and proceed as otherwise provided in
this chapter if any of the following circumstances exist:
(A) The accused commits an assaultive crime during the period of probation;
(B) The accused fails to comply with court-ordered counseling regarding his or
her violent behavior;
(C) The accused violates an order of the court that he or she have not contact
with a named individual.
(f) For Second and subsequent Convictions:
The Court may suspend up to half of the imposition of fines and imprisonment for
domestic violence offense(s) on the condition that the perpetrator is placed on probation
for not less than one (1) year and completes domestic violence counseling or treatment as
ordered. Failure to comply with terms of probation shall result in the completion of the
original sentence.
(g) Revenue from Fines:
Revenue from fines may be used to help defray the costs of services required under this
code for defendants who demonstrate that they are unable to afford mandatory services. § 354 – Order of Protection (a) Upon and after hearing, if the court finds, by a preponderance of the evidence, that
domestic violence or stalking has occurred or is likely to occur in the future, the court may
issue an order of protection containing provisions:
(1) Prohibiting the respondent from committing or threatening to commit acts of
domestic violence against the petitioner or the petitioner’s family or household
members.
(2) Prohibiting the respondent from contacting, harassing, annoying, telephoning, or
otherwise communicating with the petitioner, the petitioner’s family or household
members, directly or indirectly, through friends, relatives or co-workers.
(3) Requiring the respondent to vacate, or stay away from, the petitioner’s residence,
even if it is a shared residence or principally owned by the respondent.
(4) Requiring the respondent to stay away from any well-defined geographic area,
including, but not limited to, a residence, workplace, school or daycare of the
petitioner or the petitioner’s family or household members.
(5) Prohibiting the respondent from possessing or using any firearm or other weapon
specified by the court, and ordering the respondent to turn such weapons over to
law enforcement for safekeeping. In exercising its discretion, the court shall give
due consideration to 14 GTBC Chapter 7.
(6) Establishing possession of the parties’ residence and use of vehicles or other
essential personal effects, regardless of ownership, and directing law enforcement to accompany the petitioner to the residence of the parties to ensure that the
petitioner is safely restored to the possession of the residence, vehicle, and other
personal effects or to supervise the petitioner’s or respondent’s removal of personal
belongings.
(7) Prohibiting the destruction, liquidation or disposal of any and all joint assets or
property and any and all specific assets and property of the petitioner.
(8) Granting temporary custody of any minor children to the petitioner and/or
establishing visitation rights. Any temporary custody order shall provide for child
support and temporary support of the person having custody of the children in
amounts deemed proper by the court.
(9) Ordering the respondent to timely pay any exiting debts of the respondent,
including mortgage or rental payment necessary to maintain the petitioner in
his/her residence.
(10) Ordering the respondent to pay for the support of the petitioner and any minor
children if the respondent is found to have a duty to support the petitioner or minor
children.
(11) Ordering the respondent to reimburse the petitioner for any expenses associated
with the domestic violence incident, including, but not limited to, medical
expenses, counseling, shelter, repair or replacement of damaged property, court
costs and attorney fees.
(12) Ordering the respondent to attend and successfully complete one or more programs,
including but not limited to, a domestic violence perpetrator program, mental
health counseling, substance abuse treatment, and parenting classes, and to execute
all forms and releases that are necessary for the court to be kept apprised of the
defendant’s compliance with the court’s order.
(13) Any other order the court believes is reasonably necessary to protect and ensure the
safety of the alleged victim or family or household member.