Statutes | Colorado River Tribe, Domestic and Family Violence Code Chapter 1 ยง1-103 | 2019
(1) "Abuse and/or Violence" means the infliction of any of the following acts upon a person:
(A) "Assault" &ndash as defined under Article III, Section 317 of the Law and Order Code however, the exercise of proper disciplinary actions by any of the following people on a minor does not constitute assault:
(i) Parents
(ii) Legal guardians or custodians
(iii) Adults that are given limited care, control and custody by parents or legal guardians or custodians or
(iv) Adults that are expected to exercise care, control and custody by parents or legal guardians or custodians.
(B) "Battery" - application of force to the person of another resulting in bodily harm or an offensive touching
(C) "Threats or Endangerment" - as defined under Article III, Section 318 of the Law and Order Code
(D) "Coercion" &ndash compelling an unwilling person, through force or threat of force, to:
(i) Engage in conduct which the person has a right to abstain from or
(ii) Abstain from conduct which the person has right to engage in
(E) "Confinement" - compelling a person to go where the person does not wish to go or to remain where the person does not wish to remain
(F) "Damage to Property" &ndash destroying, damaging, misusing or misappropriating the property of another
(G) "Emotional Abuse" - using threats, intimidation or extreme ridicule to inflict humiliation and emotional suffering upon another
(H) "Harassment" - conduct which causes emotional alarm or distress to another by shaming, degrading, humiliating, placing in fear, or otherwise abusing personal dignity.
(I) &ldquoUnwelcome Conduct&rdquo &ndash
(i) Unwelcome visiting or following of a person in a private or public place
(ii) Unwelcome sexual propositioning, references to body parts, functions or attributes, or other offensive comments of a sexual nature
(iii) Unwelcome communications made by phone, letter, computer or other similar methods, containing intimidating, offensive, threatening, or violent language or
(iv) Unwelcome lingering around the home, school, or work place of a person
(J) "Sexual Abuse" - any physical contact of a sexual nature, or attempted physical contact of a sexual nature, with a person, made without that person&rsquos consent. Consent cannot be obtained through means such as force, intimidation, duress, fraud, or from a minor under any circumstance and
(K) "Elder and Dependent Adult Abuse and Neglect" means conduct by any person that has the responsibility for care or custody of an elder or a dependent adult, where the negligent exercise of that responsibility results in deprivation of services necessary to maintain minimum physical, medical and mental health to a degree of care below that which a reasonable person in a like position would exercise. Neglect includes, but is not limited to, all of the following:
(i) Failure to assist in personal hygiene, or in the provision of food, clothing or shelter.
(ii) Failure to provide medical care for physical and mental health needs. No elder shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means or through prayer alone in lieu of medical treatment.
(iii) Failure to prevent malnutrition.
(iv) Abandoning an elder or dependent adult for indefinite periods of time.
(v) Stealing or misappropriating money, checks, property or other assets from an elder or dependent adult.
(L) &ldquoOther criminal conduct" &ndash means any other conduct that constitutes an offense under the criminal laws of the Colorado River Indian Tribes.
(2) "Bodily harm" means physical pain, illness, or the impairment of physical condition which includes but is not limited to any skin bruising, bleeding, failure to thrive, malnutrition, burns, fracture, subdural hematoma, soft tissue swelling, injury to any internal organ or any physical condition which imperils a persons health.
(3) "Business day" means any day except a Saturday, Sunday or a holiday officially recognized by the Colorado River Indian Tribes.
(4) "Court" means the Tribal Court of the Colorado River Indian Tribes.
(5) "Dating relationship" means a present courtship or engagement relationship between people of different sex or of the same-sex. For the purposes of this Article IV, a casual acquaintance or ordinary fraternization between persons in a business or social context shall not constitute a dating relationship.
(6) "Dangerous instrument" means anything that under the circumstances in which it is used, attempted to be used or threatened to be used is readily capable of causing death or serious physical injury.
(7) "Deadly weapon" means anything designed for lethal use, including, but not limited to, firearms.
(8) &ldquoDepartment of Behavioral Health Services&rdquo means the Colorado River Indian Tribes Department of Behavioral Health Services.
(9) &ldquoDepartment of Child Protective Services&rdquo means the Colorado River Indian Tribes Department of Child Protective Services.
(10) &ldquoDepartment of Health Services&rdquo means the Colorado River Indian Tribes Department of Health Services.
(11) &ldquoDepartment of Social Services&rdquo means the Colorado River Indian Tribes Department of Social Services.
(12) &ldquoDependent adult&rdquo means a person over eighteen (18) years of age that has an impairment by reason of mental illness, mental deficiency, developmental disabilities, mental disorder, physical or mental disability, advanced age, chronic use of drugs, chronic intoxication or other cause to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his/her person, as determined by the courts or qualified healthcare professionals.
(13) "Domestic and family abuse and violence" means any act of abuse or violence on a family or household member of the perpetrator.
(14) &ldquoElder&rdquo means a person fifty-five (55) years or more in age.
(15) "Family or household members" means:
(A) current or former spouses
(B) persons who live together or have lived together
(C) persons who are engaged in a sexual relationship
(D) persons who have a child in common or who are expecting a child together
(E) persons related by blood, adoption, or marriage who regularly resides in the household or who within the prior six (6) months regularly resided in the household, and
(F) minor children or adopted children of persons described in (A) through (E) above.
(G) persons having a guardianship relationship over a dependent adult or an elder.
The above definition of "family or household member" applies only to the Domestic and Family Violence Ordinance.
(16) &ldquoFirearm&rdquo means a gun, pistol, or any weapon from which a projectile is discharged by the force of an explosive substance or any air guns, including, but not limited to, pellet guns, bb guns, air rifles, air pistols paint-ball guns. However, softpellet toy guns or other air soft guns are not deemed firearms.
(17) "Judicial Clerk" means the Judicial Clerk of the Tribal Court.
(18) "Officer" means a duly commissioned law enforcement officer of the Colorado River Indian Tribes, pursuant to section 117 of the Law and Order Code.
(19) "Perpetrator" means a person who has committed an act of, or engaged in conduct defined as, abuse and/or violence or stalking against any person defined as a victim.
(20) "Police Department" means the police department of the Colorado River Indian Tribes.
(21) "Prosecutor" means the prosecuting attorney for the Colorado River Indian Tribes.
(22) "Prosecutors Office" means the office of the prosecuting attorney for the Colorado River Indian Tribes.
(23) "Protection order" means a temporary or permanent restraining order or order of protection granted for the protection of victims of domestic and family violence.
(24) "Repeatedly" means on three or more occasions.
(25) "Serious bodily injury" means bodily injury which creates a reasonable risk of death, or which causes serious or permanent disfigurement, or serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb.
(26) "Sexual abuse" means any physical contact of a sexual nature, or attempted physical contact of a sexual nature, with a person, made without that persons consent. Consent cannot be obtained under any circumstance through means such as force, intimidation, duress, fraud, or from a mentally retarded person.
(27) "Significant other" means a person with whom the victim has or has had a sexual relationship and who is currently living or who has lived with the victim in the past, regardless of whether they were legally married, or a person with whom the victim has a child in common regardless of whether they have been legally married or have lived together at any time.
(28) "Tribal Council" means the Colorado River Indian Tribes Tribal Council.
(29) &ldquoTribes" means the Colorado River Indian Tribes.
(30) &ldquoUnlawful Sexual Behavior&rdquo is as defined under Section 320 of Article III of the Law and Order Code and includes offenses of rape, deviate sexual contact and sexual assault for purposes of this Code, any offenses under Section 320 of Article III of the Law and Order Code may be charged whether or not the victim is the perpetrator&rsquos spouse and regardless of the perpetrator&rsquos gender.
(31) "Victim" means a spouse, family member, household member or person in a dating relationship who has been subjected to domestic or family violence or stalking.
(32) "Violence" includes abuse, assault, battery, unlawful sexual behavior, or sexual abuse.