Statutes | Makah Tribal Law and Order Code Title 11 Chapter 8 ยง 11.8.01 | 2020
When an NBPD officer responds to a report of domestic violence, the officer shall do the following, as necessary and in the order appropriate to the circumstances:
- Request Back-Up: View a domestic violence call as a high risk situation, obtain as much information as possible from the dispatcher, and request back-up by at least one other officer.
- Assure Safety: Act to assure the safety of officers, the victim, the victims family and household members, witnesses, and bystanders. Separate the alleged perpetrator, the victim, and the witnesses for safety and investigative purposes.
- Confiscate Weapons: Confiscate firearms or other dangerous weapons according to standard law enforcement procedures, and particularly firearms or other dangerous weapons involved in or threatened to be used in the alleged incident of domestic violence, regardless of ownership.
- Arrest Alleged Perpetrator: Arrest the alleged perpetrator according to standard law enforcement procedures and in accordance with MLOC 11.8.02 or MLOC 11.8.03, as appropriate.
- Request Emergency No-Contact Order: Request, prepare, and serve an emergency no-contact order pursuant to MLOC 11.4.11.
- Render Emergency First Aid and Obtain Medical Treatment: Render emergency first aid and obtain medical treatment for the victim and transport or arrange transportation for the victim to a medical facility. Obtain a signed medical release from the victim.
- Transport to Shelter: Transport or arrange transportation for the victim and the victims family and household members to a place of safety or shelter, maintaining confidentiality.
- Observe and Place Minor Children, Disabled Persons, and Elders: Observe whether minor children, disabled persons, and elders in the household display physical signs of domestic violence, and report any such signs to Social Services. Notify Social Services if no parent or other reliable family or household member is available to care for minor children, disabled persons, or elders.
- Remove Essential Personal Effects: Assist the victim and the victims family and household members in removing essential personal effects.
- Inform Victim of Rights, Remedies, Services: Provide the victim with oral and written information regarding legal rights, remedies, and local services for victims of domestic violence. Give the victim a Petition for an Order for Protection form and instructions.
- Collect Evidence: Secure the scene and collect and preserve physical evidence according to standard law enforcement procedures, remaining mindful of the possibility of a "victimless" prosecution. Photograph the scene, the victim, the injuries to the victim, alleged perpetrator, minor children in the household, and damage property. Promptly deliver to the Prosecutor a list of evidence collected and copies of photographs, retaining originals at the NBPD. If injuries are more apparent at a late date, photograph them again and promptly deliver copies to the Prosecutor.
- Obtain Victim and Witness Statements: At the scene or as soon as practicable thereafter, assist the victim and witnesses, if any, to prepare detailed written statements regarding the alleged incident of domestic violence, remaining mindful of the possibility of a "victimless" prosecution. Each statement should be signed by both the officer and the victim or witness and dated. Obtain a phone number, address, or other means for contacting each victim or witness, maintaining confidentiality. Promptly deliver to the Prosecutor copies of statements and information, retaining originals at the NBPD. When it is necessary to leave a statement form with a victim or witness, follow-up to be certain the form is completed and submitted.
- Prepare Incident Report: Prepare an incident report according to standard law enforcement procedures and deliver the report to the prosecutor within twenty-four hours after the incident. Include a description of the 911 call or other report to law enforcement diagrams of the scene and of the victims injuries, including those not visible the names of all persons at the scene and their relationship to one another the names of EMTs and other medical personnel treating the victim a description of the physical and emotional condition of the victim and the alleged perpetrator spontaneous statements by the victim, the alleged perpetrator, minor children, and others a statement whether intoxicants or drugs were involved and a statement of probable cause for each arrest. If no arrest occurred at the scene or if more than one arrest occurred, the report shall explain why. If an arrest occurs later, deliver a supplemental report to the Prosecutor within twenty-four hours after the arrest. When an arrest is based upon violation of an order, pursuant to MLOC 11.1.04 (e) (4), the incident report shall include a copy of the order and a statement of the specific conduct that violated a restraint provision.