§ 5-409. Warrantless arrest and proceedings.
A. A police officer, without a warrant, may arrest and take into custody a person if the police officer has reasonable cause to believe that:
1. An emergency ex parte or final protective order has been issued and served upon the person, pursuant to this Act.
2. A true copy and proof of service of the order has been filed with the law enforcement agency having jurisdiction of the area in which the plaintiff or any family or household member named in the order resides or a certified copy of the order and proof of service is presented to the police officer as provided in subsection (D) of this section;
3. The person named in the order has received notice of the order and has had a reasonable time to comply with such order; and
4. The person named in the order has violated the order or is then acting in violation of the order.
B. A police officer, without a warrant, shall arrest and take into custody a person if the following conditions have been met:
1. The police officer has reasonable cause to believe that a foreign protective order has been issued, pursuant to the law of the state or tribal court where the foreign protective order was issued;
2. A certified copy of the foreign protective order has been presented to the police officer that appears valid on its face; and
3. The police officer has reasonable cause to believe the person named in the order has violated the order or is then acting in violation of the order.
C. A person arrested pursuant to this section shall be brought before the Court within twenty-four (24) hours after arrest to answer to a charge for violation of the order pursuant to this Act, at which time the Court shall do each of the following:
1. Set a time certain for a hearing on the alleged violation of the order within seventy-two (72) hours after arrest, unless extended by the Court on the motion of the arrested person;
2. Set a reasonable bond pending a hearing of the alleged violation of the order; and
3. Notify the party who has procured the order and direct the party to appear at the hearing and give evidence on the charge.
D. A copy of a protective order shall be prima facie evidence that such order is valid in the territorial jurisdiction of the Osage Nation and the state when such documentation is presented to a law enforcement officer by the plaintiff, defendant, or another person on behalf of a person named in the order. Any law enforcement officer may rely on such evidence to make an arrest for a violation of such order, if there is reason to believe the defendant has violated or is then acting in violation of the order without justifiable excuse. When a law enforcement officer relies upon the evidence specified in this subsection, such officer and the employing agency shall be immune from liability for the arrest of the defendant if it is later proved that the evidence was false.
E. Any person who knowingly and willfully presents any false or materially altered protective order to any law enforcement officer to effect an arrest of any person shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by a term of imprisonment in the Tribal Jail of not more than one year, or by both such fine and imprisonment and shall, in addition, be liable for any civil damages to the defendant. ONCA 12-52, eff. Apr. 19, 2012.