Statutes | Colorado River Tribe, Domestic and Family Violence Code Chapter 4 ยง1-407 | 2019

(1)  In addition to the rules of Court generally applicable to criminal proceedings, the Court is authorized to take the following actions in a proceeding for offenses under this Article IV:
 
          (A) If the alleged perpetrator is to be released from custody the Court, in its discretion and as a condition of release, may issue a protection order pursuant to this Article IV, Chapter 4 to protect the alleged victim by excluding the alleged perpetrator from the home of the alleged victim and restraining the alleged perpetrator from any contact with the alleged victim.
 
          (B) If the alleged perpetrator pleads guilty, a pre-sentence report may be ordered, at the discretion of the Court prior to sentencing.  

          (C) If it appears to the Court that alcohol or drugs played a part in the abuse, a chemical dependency evaluation with a treatment plan may be ordered, at the discretion of the Court, prior to sentencing.
 
(2)  Upon a guilty plea, grant of probation or suspension of the execution or imposition of a sentence, for any person convicted under this Article IV, Chapter 4, the Court shall order the perpetrator to enter and successfully complete an appropriate counseling program. Such counseling may include, but is not limited to alcohol/drug abuse counseling, domestic and family violence counseling, individual, group and/or family counseling.  Appropriate counseling program may be in conjunction with programs based on traditional Native American healing practices. Such counseling program may consist of the following:
 
          (A) Mandatory attendance and cooperation by the perpetrator in an intake session for evaluation.
 
          (B) The evaluation shall be completed no later than twenty (20) business days after entry of the order requiring evaluation, unless the Court extends that time period.
 
          (C) A copy of the recommended treatment plan shall be provided to the Court. 
 
          (D) The Court may request a progress report from the treating agency.
 
(3) Willful failure or refusal to comply with a Court order requiring a perpetrator to attend and cooperate in evaluation and/or to undergo treatment as described in a treatment plan shall constitute contempt of court pursuant to Section 341 of the L & O Code and, in addition to the penalties under Section 341, the Court shall impose all or some of the original suspended jail sentence and again require the perpetrator to complete the entire program.