10.15.060 “Domestic violence” defined.
It is important to the Yurok Tribe for both victims and perpetrators of domestic violence to have the benefit of a clear and concise statement of law, and to insure a fair trial should a criminal matter be tried in Tribal Court. Thus, the crime of domestic violence shall be defined as it is in 25 U.S.C. § 1304 (2013).
(a) The Violence Against Women Act currently only allows the Yurok Tribe to extend special jurisdiction between parties who are a “spouse or intimate partner” as defined by 18 U.S.C. § 2266:
(1) A spouse or former spouse, a person who shares a child in common, or a person who cohabits, or has previously cohabitated with another; or
(2) A person who is or has been in a social relationship of a romantic or intimate nature with the other, as determined by the length, type, and frequency of the interaction between them; or
(3) Any other person similarly situated to a spouse who is protected by other domestic or family violence laws of the Yurok Tribe.
(b) A “dating partner” as defined by 25 U.S.C. § 1304(a)(1) refers to a person who is or has been in a relationship of a romantic or intimate nature with another, taking into consideration the length, type, and frequency of the interactions between the persons.
(c) The exercise of special domestic violence criminal jurisdiction by the Yurok Tribe shall be concurrent with the jurisdiction of the United States, of a state, or of both. [Ord. 62B § 4006, amended, 11/7/2019.]