Sec. 3-304. Response of Lighthorse police or other authorized law enforcement related to complaint of domestic or family violence

Statutes | Muscogee (Creek) Nation Code Title 6 Chapter 3 subchapter 3 § 3-304 | 2018

A. Determination of identity of primary aggressor. If a Lighthorse police or other authorized law enforcement officer receives complaints of domestic or family violence from two (2) or more opposing persons, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person believed to have committed domestic or family violence. In determining whether a person is the primary aggressor the officer shall consider:

1. Prior complaint of domestic or family violence

 2. The relative severity of the injuries inflicted on each person

3. The likelihood of future injury to each person and

4. Whether one of the persons acted in self-defense.

B. Prohibited actions. A Lighthorse police or other authorized law enforcement officer shall not:

1. Discourage a victim of domestic or family violence from pressing charges against the perpetrator by any means or

2. Discourage a request for intervention by law enforcement by any party, such as threatening, suggesting, or otherwise indicating the possible arrest of all parties.

[NCA 01&ndash157, § 2&ndash204, approved Oct. 7, 2001.]