1.35.010 Title, Statement of Purpose and Definitions

(a) Title. This code may be cited as the "Domestic and Family Violence Code."

(b) Statement of Purpose. The purpose of this code is to:

(1) Eliminate barriers to meeting the safety and other needs of victims of family violence;

(2) To hold batterers accountable for their actions; and

(3) To enhance the provision of services to victims and their batterers.

(c) Construction. This chapter shall be liberally construed to effect the purposes stated above and shall be interpreted to comport with the customs and traditions of this Tribe. If tribal law, customs and traditions are inconclusive in any matter arising under this chapter, then other tribal law, federal law and, as a last resort, the law of the State of Wisconsin, may be used for guidance.

(d) Definitions. As used in this chapter the following terms shall have the meanings given below:

(1) Domestic and Family Violence

(A) Domestic and family violence means:

(i) intentional infliction of physical harm to a family or household member;

(ii) an act, word, gesture or any other behavior that places a family or household member in fear of imminent physical harm;

(iii) intentional use of force, coercion, threat, intimidation, humiliation, or confinement which results in mental or emotional harm to a family or household member; or

(iv) causing a family or household member to engage involuntarily in sexual activity by force, coercion, threat, intimidation, humiliation, confinement, or administering alcohol or drugs to the family or household member without their knowledge.

(B) Imminent physical harm as used above refers to such physical harm that is close or near at hand, that is impending, perilous, or on the point of happening. It does not require that such physical harm be immediate or without delay after the behavior that places the victim in fear.

(2) Family or household member means:

(A) adults and/or minors who are current or former spouses;

(B) adults and/or minors who are living together or have lived together and who have engaged in a sexual relationship;

(C) adults and/or minors who are involved or have been involved in a sexual or otherwise intimate, ongoing relationship including persons who are identified in the community as boyfriend and girlfriend;

(D) adult relatives who are living together or who have lived together;

(E) adults and/or minors who have a child, including an unborn child, in common regardless of whether the parents of the child have married or have lived together at any time;

(3) Exclusions: Domestic and family violence in the parent-minor child relationship is not covered in this Code. The occurrence of domestic and family violence in that relationship is covered in Chapter 1.25, the Children's Code of this Tribe or through the juvenile and children's codes of the State of Wisconsin.