Resolution No. SI-R18-024: Domestic Violence Prevention Act
At a duly called meeting of the Council of San Ildefonso Pueblo on the 22nd day of October, 2018, the following Resolution was adopted:
WHEREAS, the Pueblo de San Ildefonso ("Pueblo") is a sovereign and self-governing Tribe, recognized as such by the United States of America; and
WHEREAS, the safety and security of citizens of the Pueblo is a paramount concern for the Council; and,
WHEREAS, Domestic Violence is a particularly difficult issue to address due to the intimate relationships that often exist between parties involved in these situations; and
WHEREAS, the Council has identified the need to enact a law to establish strong legal protections for victims of domestic violence.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law
entitled the, "DOMESTIC VIOLENCE PREVENTION ACT."
DOMESTIC VIOLENCE PREVENTION ACT
Section 1.1. Short Title
This enactment shall be known as the "DOMESTIC VIOLENCE PREVENTION ACT."
Section 1.2. Purpose
The purpose of this Act is to establish strong legal protections for victims of Domestic Violence.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) The safety and security of citizens of the Pueblo is a paramount concern for the Council; and
(b) Domestic Violence is a particularly difficult issue to address due to the intimate relationships that often exist between parties involved in these situations; and
(c) The Council has identified the need to enact a law to establish strong legal protections for victims of domestic violence.
Section 1.4. Jurisdiction
The Courts of the Pueblo shall have the authority to exercise criminal jurisdiction over any act of Domestic Violence that occurs within the exterior boundaries of the Pueblo and that involves an Indian. The Courts of the Pueblo shall have the authority to exercise civil jurisdiction over any act of Domestic Violence that occurs within the exterior boundaries of the Pueblo and that involves any person.
Section 1.5. Definitions
(a) "Act of Domestic Violence" means physical harm, bodily injury, or assault; or the infliction of fear that physical harm, bodily injury, or assault could occur momentarily; or terroristic threats; or, criminal sexual conduct.
(b) "Domestic Violence" means acts of violence committed by a current or former spouse or current or former partner of the victim, by a person with whom the victim shares a child in common, by a person or partner who is cohabiting with or has cohabited with the victim as a spouse or partner, or by a person similarly situated to a spouse or partner of the victim, by persons involved in a significant romantic or sexual relationship, or by a person related to the victim by blood.
(c) "Order of Protection" means a Trial Court order that requires one person to stop harming another and is intended to protect the individual from physical, mental and emotional harm by domestic violence.
Section 1.6. Procedure for Obtaining an Order of Protection
(a) No fees shall be charged either when a Petition for an Order of Protection is filed with the Trial Court, or when comity or full faith and credit is requested for any Order of Protection issued by another court of competent jurisdiction.
(b) The written petition shall include the allegations, a police report if available, and the name, address, and phone number of the respondent, i.e., the person against whom the Order of Protection is sought.
(c) After a petition is filed, the petitioner's address shall be kept confidential by the Trial Court, except for the purpose of notifying the petitioner of further court actions for law enforcement purposes.
(d) Upon receipt of a written petition for an Order of Protection, or for comity or full faith credit of another court's order, the Trial Court shall either promptly schedule an emergency ex parte hearing, if the respondent is not available, or a hearing with all parties present.
Section 1.7. Hearings; Ex Parte Order; Mutual Orders of Protection
(a) If an ex parte Order of Protection is granted, the Trial Court shall include in the Order either a date for a full hearing with all parties present or the opportunity for the respondent to be heard at a hearing with all parties present. If a full hearing is not scheduled by the Trial Court, the Trial Court shall schedule a full hearing after the respondent contacts the Trial Court, in writing, of the desire for a full hearing. The Trial Court shall promptly schedule a hearing on the ex parte Order of Protection.
(b) All Orders of Protection shall include the precise conditions that the respondent must follow. The duration of the Order of Protection shall be determined solely by the Judge.
(c) Mutual Orders of Protection and/or any provisions for restraining both parties shall only be issued if there are facts cited in the order that indicate that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. Both parties must file a petition seeking an Order of Protection and/or any provisions for restraint before an Order of Protection is issued.
Section 1.8. Penalties
(a) Civil Penalties for Not Following an Order of Protection. Any person not following the provisions of an Order of Protection shall be subject to a civil charge of violation of an Order of Protection, and fines may be levied up to five thousand dollars ($5,000), restitution to the petitioner may be ordered, and/or the person may be excluded from the Pueblo.
(b) Criminal Penalties for Not Following an Order of Protection. Any Indian not following the provisions of an Order of Protection shall be subject to a criminal charge of violation of an Order of Protection. Upon conviction, the violator may be imprisoned for not more than one year, fined up to five thousand dollars ($5,000), and/or ordered to pay restitution to the petitioner.
Section 1.9. Procedures for Criminal Prosecution of an Act of Domestic Violence
(a) Arrest. Upon a finding of probable cause that an Act of Domestic Violence has been committed, the B.I.A. Police or a duly authorized official of the Pueblo shall arrest the alleged violator.
(b) Criminal Complaint. Upon the filing of a criminal complaint with the Trial Court, the Judge may issue any necessary restraining Order of Protection as the Judge deems advisable to protect the alleged victim.
(c) Criminal Procedure. The Trial Court shall follow the criminal procedure contained in the Code for the arraignment and advisement of rights of any alleged violator of the Domestic Violence Act.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on October 22, 2018, at a meeting with a vote of 9 in favor, 0 opposed, 0 abstaining and 1 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Lt. Governor Terrence K. Garcia
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William Stuart Christian | X | |||
| Glenda Fred-Weahkee | X | |||
| Terrence K. Garcia | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| Raymond J. Martinez | X | |||
| Timothy A. Martinez | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R18-024 was presented to the Governor of the Pueblo de San Ildefonso on the 22nd day of October, 2018, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4 (c), and will become effective after signature by the Governor or veto override by the Council.
Irene Tse-Pe, Council Secretary
{ } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this __________ day of ________________________, 2018.
Perry M. Martinez, Governor
Presented by the Governor to the Council on the ____ day of ____________, 2018.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William Stuart Christian | ||||
| Glenda Fred-Weahkee | ||||
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| Raymond J. Martinez | ||||
| Timothy A. Martinez | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2018, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
DOMESTIC VIOLENCE PREVENTION ACT
Section 1.1. Short Title
This enactment shall be known as the "DOMESTIC VIOLENCE PREVENTION ACT."
Section 1.2. Purpose
The purpose of this Act is to establish strong legal protections for victims of Domestic Violence.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) The safety and security of citizens of the Pueblo is a paramount concern for the Council; and
(b) Domestic Violence is a particularly difficult issue to address due to the intimate relationships that often exist between parties involved in these situations; and
(c) The Council has identified the need to enact a law to establish strong legal protections for victims of domestic violence.
Section 1.4. Jurisdiction
The Courts of the Pueblo shall have the authority to exercise criminal jurisdiction over any act of Domestic Violence that occurs within the exterior boundaries of the Pueblo and that involves an Indian. The Courts of the Pueblo shall have the authority to exercise civil jurisdiction over any act of Domestic Violence that occurs within the exterior boundaries of the Pueblo and that involves any person.
Section 1.5. Definitions
(a) "Act of Domestic Violence" means physical harm, bodily injury, or assault; or the infliction of fear that physical harm, bodily injury, or assault could occur momentarily; or terroristic threats; or, criminal sexual conduct.
(b) "Domestic Violence" means acts of violence committed by a current or former spouse or current or former partner of the victim, by a person with whom the victim shares a child in common, by a person or partner who is cohabiting with or has cohabited with the victim as a spouse or partner, or by a person similarly situated to a spouse or partner of the victim, by persons involved in a significant romantic or sexual relationship, or by a person related to the victim by blood.
(c) "Order of Protection" means a Trial Court order that requires one person to stop harming another and is intended to protect the individual from physical, mental and emotional harm by domestic violence.
Section 1.6. Procedure for Obtaining an Order of Protection
(a) No fees shall be charged either when a Petition for an Order of Protection is filed with the Trial Court, or when comity or full faith and credit is requested for any Order of Protection issued by another court of competent jurisdiction.
(b) The written petition shall include the allegations, a police report if available, and the name, address, and phone number of the respondent, i.e., the person against whom the Order of Protection is sought.
(c) After a petition is filed, the petitioner's address shall be kept confidential by the Trial Court, except for the purpose of notifying the petitioner of further court actions for law enforcement purposes.
(d) Upon receipt of a written petition for an Order of Protection, or for comity or full faith credit of another court's order, the Trial Court shall either promptly schedule an emergency ex parte hearing, if the respondent is not available, or a hearing with all parties present.
Section 1.7. Hearings; Ex Parte Order; Mutual Orders of Protection
(a) If an ex parte Order of Protection is granted, the Trial Court shall include in the Order either a date for a full hearing with all parties present or the opportunity for the respondent to be heard at a hearing with all parties present. If a full hearing is not scheduled by the Trial Court, the Trial Court shall schedule a full hearing after the respondent contacts the Trial Court, in writing, of the desire for a full hearing. The Trial Court shall promptly schedule a hearing on the ex parte Order of Protection.
(b) All Orders of Protection shall include the precise conditions that the respondent must follow. The duration of the Order of Protection shall be determined solely by the Judge.
(c) Mutual Orders of Protection and/or any provisions for restraining both parties shall only be issued if there are facts cited in the order that indicate that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. Both parties must file a petition seeking an Order of Protection and/or any provisions for restraint before an Order of Protection is issued.
Section 1.8. Penalties
(a) Civil Penalties for Not Following an Order of Protection. Any person not following the provisions of an Order of Protection shall be subject to a civil charge of violation of an Order of Protection, and fines may be levied up to five thousand dollars ($5,000), restitution to the petitioner may be ordered, and/or the person may be excluded from the Pueblo.
(b) Criminal Penalties for Not Following an Order of Protection. Any Indian not following the provisions of an Order of Protection shall be subject to a criminal charge of violation of an Order of Protection. Upon conviction, the violator may be imprisoned for not more than one year, fined up to five thousand dollars ($5,000), and/or ordered to pay restitution to the petitioner.
Section 1.9. Procedures for Criminal Prosecution of an Act of Domestic Violence
(a) Arrest. Upon a finding of probable cause that an Act of Domestic Violence has been committed, the B.I.A. Police or a duly authorized official of the Pueblo shall arrest the alleged violator.
(b) Criminal Complaint. Upon the filing of a criminal complaint with the Trial Court, the Judge may issue any necessary restraining Order of Protection as the Judge deems advisable to protect the alleged victim.
(c) Criminal Procedure. The Trial Court shall follow the criminal procedure contained in the Code for the arraignment and advisement of rights of any alleged violator of the Domestic Violence Act.
