5-44-8. Mandatory Arrest.

1. The law enforcement officer shall arrest a person, anywhere, with or without a warrant, including at the person’s residence, if the officer has probable cause to believe:
   1. An assault has occurred which has resulted in bodily injury to an intimate partner or family member, whether the injury is observable to the officer or not; or
   2. That the defendant has caused apprehension of bodily injury to an intimate partner or family member; or
   3. That the defendant violated a protection order after the law enforcement officer has verified the existence of the protection order.
2. For a violation of 5-44-4, 5-44-5, 5-44-6, or 5-44-7, the officer, under this chapter is not required to arrest both parties when he or she believes the parties have assaulted one another. The decision to arrest shall not require the consent of the victim.
3. The officer shall arrest the person whom he or she believes to have been the primary aggressor. In making this determination, the officer shall make every reasonable effort to consider:
   1. The Rosebud Sioux Tribe’s intent to protect the victims of domestic violence, dating violence, and stalking;
   2. The comparative extent of injuries inflicted or serious threats creating fear of physical injury;
   3. The history of domestic violence, dating violence and stalking between the persons involved; and
   4. Whether one of the persons acted in self-defense.
4. The officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties in order to discourage requests for intervention by law enforcement by any party. The officer will not consider the use or abuse of alcohol or controlled substances by either party in making a determination as to whether the crime of domestic, dating violence or stalking has been committed.