Statutes | 9 GTBC ยง 327 | 2020
If a law enforcement officer receives a complaint alleging domestic violence from two (2) or more opposing persons, the officer shall evaluate each complaint separately to determine who was more likely to have been the primary aggressor. If the law enforcement officer determines that one (1) person was the primary aggressor, the officer need not arrest the other person alleged to have committed a domestic violence crime. In determining whether one (1) party was the primary aggressor, the officer shall consider:
(a) The history of domestic violence, both documented prior complaints and convictions and the officer&rsquos own prior knowledge of the family
(b) The comparative demeanor of the parties involved and the relative severity of the injuries inflicted on each person
(c) The likelihood of future injury to each person
(d) Whether one (1) person acted in self-defense or in defense of others
(e) The degree which one (1) of the persons has acted with a more deliberate intent to control, isolate, intimidate, emotionally demean, cause injury or pain or fear of harm to the person or third party.
History: Tribal Act #07-25.1862, enacted by Tribal Council on December 19, 2007.