Statutes | Nez Perce Tribal Code Title 4 Chapter 4-1 ยง 4-1-88 | 2018
(a) It shall be unlawful for any domestic household member to commit:
(1) an assault as defined in § 4-1-37 of the Nez Perce Tribal Code, upon any other domestic household member
(2) an aggravated assault as defined in § 4-1-39 of the Nez Perce Tribal Code, upon any other domestic household member
(3) a battery as defined in § 4-1-38 of the Nez Perce Tribal Code, upon any other domestic household member
(4) an aggravated battery as defined in § 4-1-40 of the Nez Perce Tribal Code, upon any other domestic household member
(5) a rape as defined in § 4-1-48 of the Nez Perce Tribal Code, upon any other domestic household member.
(b) A conviction for domestic violence is punishable by imprisonment for a term not to exceed One (1) year or by a fine not to exceed Five Thousand Dollars ($5,000) or by both a fine and imprisonment or any other sentence the Court may deem appropriate.
(1) Any person who pleads guilty or is found guilty of a violation of this section shall undergo, at the person's own expense, an evaluation by a person, organization, or agency approved by the Court to determine whether the defendant should be required to obtain batterers treatment or other appropriate treatment. If the evaluation recommends counseling or other treatment, the evaluation shall recommend the type of counseling and/or treatment considered appropriate for the defendant, and shall recommend any other suitable alternative counseling or treatment programs.
(2) If the evaluation recommends counseling or other treatment, the Court shall order the person to complete the counseling or other treatment, at the person's own expense, in addition to any other sentence which may be imposed. If the Court determines that counseling or treatment would be inappropriate or undesirable, the Court shall enter findings articulating the reasons for such determination on the record. The Court shall order the defendant to complete the preferred counseling or treatment program set forth in the evaluation within the time allowed by the Court, at the person's own expense.
(c) In addition to any other penalty imposed for a violation of this section, the Tribal Court may grant any other civil or equitable remedy.