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(a) If you are the victim of a crime of domestic violence you have the right to go to the Tribal Court and file a petition requesting any of the following orders for relief:

(1) An order restraining your attacker from contacting you or your children;

(2) An order directing your attacker to leave your household;

(3) An order preventing your attacker from entering your residence, school, business or place of employment;

(4) An order awarding you or the other parent temporary custody of a minor child or children;

(5) An order directing the party not granted custody to pay support of minor children. You can obtain a copy of the officer’s report at no cost to you. You also have the right to obtain a protection order in state court. The forms you need to obtain an order for protection can be obtained from the Clerk of the Court; or

(6) An order to restrain the defendant from contacting the victim with any and all electronic communication via social media, cell phone voice, voicemail, text, and other related technology.

(b) Generally, any victim of a crime that has been filed in Court that directly or indirectly involves domestic abuse, sexual assault, stalking, or dating violence, has the following rights:

(1) The right to be reasonably protected from intimidation, harassment, and abuse, throughout the criminal justice process;

(2) The right to reasonable, accurate, and timely notice of any Court proceeding, or any probation proceeding, involving the crime or of any release or escape of the accused;

(3) The right to not be excluded from any such Court proceeding, unless the Court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding;

(4) The right to be reasonably heard at any public proceeding in the Court involving release, plea, sentencing, or any probation proceeding;

(5) The right, within reason, to confer with the prosecuting attorney in the case;

(6) The right to proceedings free from unreasonable delay;

(7) The right to be treated with fairness and with respect for the victim’s dignity and privacy;

(8) The right to prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law;

(9) The right to refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents;

(10) The right to the prompt return of property when no longer needed for the prosecution of the case;

(11) The right to be notified whether or not criminal charges will be filed;

(12) The right to have access to a domestic violence advocate, and for that access to be strictly confidential; and

(13) The right to appoint a lawful representative should the victim be physically or emotionally unable to exercise any right listed in this section. The representative must not be a witness in the case. The victim may revoke this designation at any time. [Ord. 62B § 4203, amended, 11/7/2019.]