Statutes | 9 GTBC ยง 326 | 2020
(a) When a law enforcement officer has probable cause to believe that a respondent has violated one of the following orders of the Tribal Court or of any other court order entitled to full faith and credit of this code, the officer shall, without a warrant, arrest the alleged violator. Arrest shall be mandatory where the violation is of one of the following:
(1) An order not to commit or threaten to commit further acts of domestic violence
(2) An order not to contract, harass, annoy, telephone, or otherwise communicate, directly or indirectly, with the alleged victim, the alleged victim&rsquos family or household members, or any witness to the alleged act of domestic violence
(3) An order to vacate, or stay away from the victim&rsquos residence
(4) An order to stay away from any well-defined geographic area, including, but not limited to, a residence, workplace, school or daycare of the alleged victim, the alleged victim&rsquos family or household members, or any witness to the alleged act of domestic violence
(5) An order prohibiting the possession or use of any firearm or other weapon specified by the court, and to turn such weapon over to law enforcement for safekeeping.
(b) A person arrested for violation of a protection order shall not be released from detention until seventy-two (72) hours after arrest unless a court hearing is held prior to expiration of the seventy-two-hour period.
History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.