Statutes | Kickapoo Tribe of Oklahoma Tribal Domestic Violence Protection Ordinance Chapter 1 ยง 105 | 2020
(a) A Law Enforcement Officer who responds to a domestic abuse call shall use all reasonable means to protect the victim and children and prevent further violence, including but not limited to:
1. Taking action necessary to assure the safety of the victims and children
2. Confiscating any weapon involved in the alleged domestic abuse
3. Transporting or obtaining transportation of the victim and children to a shelter
4. Assisting the victim in removing essential personal effects
5. Assisting the victim and children in obtaining medical treatment including transportation to a medical facility or calling for an ambulance
6. Giving the victim immediate and adequate notice of rights, remedies and available services.
(b) If a Law Enforcement Officer receives cross complaints of domestic abuse from two or more opposing persons, the Officer shall arrest the primary aggressor. In determining whether a person was the primary aggressor, the Officer shall consider:
1. The Kickapoo Tribe of Oklahoma&rsquos intent to protect victims of domestic abuse
2. The history of domestic abuse between the persons involved
3. The relative severity of the injuries inflicted or serious threats creating fear of bodily injury
4. The likelihood of future injuries to each person
5. Whether one of the persons acted in self-defense and
6. The Officer&rsquos experience in handling domestic abuse cases. If the Officer determines that one person was the primary aggressor, the Officer is not required to arrest the other person believed to have caused physical harm or bodily injury.
7. A Law Enforcement Officer shall not threaten the arrest of all parties to discourage requests by any party for intervention from any Law Enforcement.