Statutes | Fort Belknap Tribal Code Title IV Part II ยง 1.2 | 2019
A. A person commits the offense of Abuse of a Family Member if:
1) s/he purposely or knowingly commits an act of physical or mental abuse which results in injury to a family member or
2) negligently causes bodily injury to a family member with a weapon or
3) purposely or knowingly causes fear or reasonable apprehension of bodily injury in a family member.
B. Definitions.
"Abuse" means the infliction of physical harm, bodily injury or sexual assault or the infliction of the fear of imminent physical harm, bodily injury or sexual assault, and includes but is not limited to assault as defined inthe Fort Belknap Law and Order Code.
"Family Member" means spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating relationship with a person of the opposite sex, mothers, fathers, children, brothers, sisters, grandparents, aunts, uncles and other past or present family members of a household. These relationships include adoptive, stepchildren, step-parents, in-laws, and they do not have to reside in the same home, at the time of the offense.
C. Mandatory Arrest. An officer shall arrest and take into custody any person whom the officer has probable cause to believe abused or is about to abuse any person. The victim need not sign a complaint for an arrest to occur, an officer shall arrest under probable cause even though it may be against the expressed wishes of the victim.
D. Twenty-Four Hour Hold. A person arrested under this section for a first offense shall be held without bail, in the custody of the police epartment, for a minimum of 24 hours. On the second offense the person arrested shall be held without bail for a minimum of 48 hours. On the third or subsequent offense the person shall be held without bail for a minimum of 72 hours.
E. A person convicted of Abuse of a Family Member shall be fined on the first offense an amount not less than $100.00 or more
than $5,000.00 and be imprisoned not less than 20 days or more than 1 year, and attend at least 100 hours of counseling. On the Second or subsequent offense a person shall be fineda minimum of $500.00 or not more than $5000.00 and imprisoned for a minimum of 40 days and attend at least 200 hours of counseling classes .
F. The counseling shall have an emphasis on chemical dependency and mental health issues. History: Subsection 1.2 (A-F) enacted on the 3/8/99, Resolution 63-99 formerly Domestic Abuse-Resolution NO. -: