Tribe: Wyandotte Nation
Section 208. Violation of Ex Parte or Final Protective Order – Penalty.
(a) Except as otherwise provided by this section, any person who:
(1) Has been served with an ex parte or final protective order and is in violation of such
protective order, upon conviction shall be guilty of a criminal offense and shall be punished by a
fine not to exceed One Thousand Dollars ($1,000.00) or by a term of imprisonment not to exceed
one (l) year, or both such fine and imprisonment.
(2) After a person with a previous conviction ofa violation of protective order is convicted
of a second or subsequent offense pursuant to the provisions of this section, he/she, upon
conviction of the subsequent offense, shall be guilty of a criminal oflense and shall be punished
by a term of imprisonment ofnot less than ten ( 10) days and not more than one (l) year. In addition
to the term of imprisonment, the person may be punished by a fine not to exceed Two Thousand,
Five Hundred Dollars ($2,500.00).
(b) Any person who has been served with an ex parte or final protective order who violates the
protective order and without justifiable excuse causes physical injury or physical impairment to
the petitioner or to any other person named in said protective order shall, upon conviction, be guilty
ofa criminal offense and shall be punished by a term of imprisonment for not less than thirty (30)
days nor more than one (1) year. In addition to the term of imprisonment, the person may be
punished by a fme not to exceed Five Thousand Dollms ($5,000.00).
(c) The minimum sentence of imprisonment issued pursuant to the provisions of this section shall
not be subject to statutory provisions for suspended sentences, defened sentences or probation,
provided the court may subject any remaining penalty under the jurisdiction of the court to the
statutory provisions for suspended sentences, deferred sentences or probation.
(d) In addition to any other penalty specified by this section, the court may require a defendant to
undergo the treatment or paflicipate in the counseling services necessary to bring about the
cessation of domestic abuse against the victim or to bring about the cessation of stalking or
harassment of the victim.
(e) When a minor child violates the provision ofany protective order, the violation shall be heard
in ajuvenile proceeding and the 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 in lieu of any fine or
imprisonment authorized by this section.