4.06. Failure to Complete Counseling and Other Violations

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article IV §4.06

Failure to attend and successfully complete counseling, violation of an order for protection, commission of any crime during the order for protection period, or violation an any condition of sentencing will result in a violation of probation and upon a finding of such shall result in the imposition...

4.05. Third and Subsequent Offenses

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article IV §4.05

A person convicted of a third or subsequent offense of domestic violence within five (5) years of the last conviction shall be imprisoned for a term of not less than ninety (90) days or more than one (1) year and fined an amount not less than one thousand dollars ($1,000.00) or more than Five...

4.04. Second Offense

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article IV §4.04

A person convicted of a second offense of domestic violence within five (5) years shall be imprisoned for a term of not less than thirty (30) days or more than one (1) year and fined an amount not less than five hundred dollars ($500.00) or more than Five Thousand Dollars ($5,000.00). Mandatory...

4.03. Suspended Sentence

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article IV §4.03

The Court may suspend imposition of fines and imprisonment for the first offense and place defendant on probation for one (1) year. When a sentence is suspended there must be complete and total compliance with the orders of the Court requiring completion of the domestic violence program and...

4.02. First Offense

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article IV §4.02

Any person who commits an act of domestic violence defined by this Ordinance shall be deemed guilty of the offense of domestic violence. A person convicted of a first offense of domestic violence shall be imprisoned for a term of not less than ten (10) days or more that one (1) year and shall be...

4.01. Criminal Penalties (Domestic Violence and Entering/ Causing a person to enter Tribal Jurisdiction incident to Domestic Violence) 

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article IV §4.01

 Criminal penalties should be guided by the seriousness of the offense.

3.16. "Victim"

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article III §3.16

"Victim" means family or household member(s) who has been subjected to domestic violence.

3.15. "Primary, Physical Aggressor"

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article III §3.15

"Primary, Physical Aggressor" means the person(s) who has caused or has threatened to cause significant physical or emotional harm to another in his or her family or household, as compared to other party(s) involved. This is regardless of which party was the first aggressor. In determining...

3.14. “Public Safety Officer”

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article III §3.14

"Public Safety Officer" means a law enforcement officer of the Tribal Public Safety Department or other law enforcement officer having legal jurisdiction.

3.13. "Perpetrator"

Statutes | Little River Band of Ottawa Indians Code Chapter 400 Title 5 Article III §3.13

"Perpetrator" means a person who is alleged to have committed or has been convicted of committing an act of abuse or domestic violence on his or her family or household member.