Tribe: Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation
3.09.200 ACTS WHICH CONSTITUTE A DOMESTIC VIOLENCE CRIME
1.
Crimes involving domestic violence as defined in section 3.09.102 are oftentimes already
defined under the existing Pyramid Lake Paiute Tribal Law and Order Code (PL TLOC) and
prosecution for the criminal offense of domestic violence shall not preclude prosecution for any
other crin1inal or civil offense w1der Tribal law that arise from the same circumstances. The
purpose of this Chapter is to clarify that domestic violence is a separate crime punishable
separate and apart from the underlying crime, and to acknowledge that when the following
crimes are perpetrated against a family or household member a finding of such shall trigger the
application of this Chapter. The crime of domestic violence occurs when u family or household
member commits one or more of the follOving offenses against family or household member:
(a) ABDUCTION (PLTLOC 3.04.202). (b) ASSAULT (PLTLOC 3.04.204). (c)
(d)
(e)
(f)
(g)
(h)
(i)
G)
(k)
2.
BATTERY (PLTLOC 3.04.206).
CRIMINAL MISCHIEF: A person commits criminal mischief ifhe or she: 1)
damages tangible property of another purposely or recklessly or by negligence;
or 2) purposely or recklessly tampers with tangible property of another so as to
endanger persons or property; or 3) purposely or recklessly causes another to
suffer pecuniary losses by deception or threat. Any Indian who is convicted of
this crime will be sentenced as defined in chapter 3.09.300 of this code.
DOMESTIC VIOLENCE/ABUSE (as defined in§ 3.09.102).
HARASSMENT: A person commits harassment if he or she: 1) makes repeated
telephone calls without purpose or legitimate communication; or 2) insults,
taunts or challenges another in a manner likely to provoke violent or disorderly
response; or 3) makes repeated communications anonymously or at the
inconvenient hours, or in offensively coarse language; or 4) engages in any other
course of alarming conduct serving no legitimate purpose. Any person convicted
of this crime will be sentenced as defined in chapter 3.09.300 of this code.
STALKING (as defined in § 3.09.902).
TRESPASS: A person commits trespass ifhe or she goes into somebody else’s
land or enters somebody else’s property without permission; causes injury Lo a
person, property, or rights of another; or intrudes into somebody’s privacy or
time.
UNLAWFUL ENTRY: A person commits unlawful entry if he or she shall enter
or remain in a dwelling, store or other building not his or her own with the intent
to commit a crime against a person or property.
VIOLATION OF A NO CONTACT ORDER OR RESTRA1NING ORDER
issued under this Chapter.
WEAPON VIOLATION. A person commits a weapon violation when he/she
possesses a fireann while subject to a no contact or order for protection for
harassing or stalking or threatening an intimate partner or the child of an intimate
partner. It shall be illegal to possess a fireann after conviction of a misdemeanor
crime of domestic violence.
Committing any of the above stated acts should not diminish the seriousness of domestic
violence or take precedence over the crime of domestic violence since the intent of this Chapter
is to prevent further acts of domestic violence. The commission of one of the above referenced
crimes against a family or household member shall trigger the application of this Chapter. The
purpose of this code is to differentiate between those crimes committed against non-family and
non-household members and those against family and household members as defined in section
3.09.102.
3.
The use of alcohol or any other drug in the committing of domestic violence or any crime
related to domestic violence shall not diminish the seriousness of domestic violence or take
precedence over the crime of domestic violence. […] 3.09.801 COURT REFERRED MEDIATION OF CASES INVOLVING DOMESTIC
VIOLENCE
A court shall not order parties into mediation or any type of counseling, alternative justice,
restorative justice, peace-making, circle sentencing, traditional or Tribal ceremonies, or any
other mediation type of situation that would put the petitioner in the position of dealing directly
with the respondent.