Tribal Protection Orders

     

Online Resources

Violence Against Native Women: A Guide for Practitioner Action was developed by the National Center on Full Faith and Credit and it includes discussion of the theories of Native scholars regarding the sharp rise of the level of violence against Native women, as well as history and demographic information relevant to an overall understanding of the contemporary lives of Native women. This paper also reviews actions taken by the U.S. government and many tribal nations to respond to violence against Native women and to eliminate barriers to justice and healing for Native women who have survived domestic or sexual violence. Practice tips are included to assist practitioners and elected tribal officials. The paper concludes with a list of resources and a glossary.

A Guide for Effective Issuance & Enforcement of Protection Orders (2005) was developed to give communities and professionals precise tools and strategies they can implement to broaden the effectiveness of protection orders, both from a practical standpoint and from a philosophical perspective. The Burgundy Book is divided into chapters focusing on Advocates, Civil Attorneys, Courts and Judiciary, Law Enforcement and Prosecutors. It also contains a section on Data Systems and State Registries, as well as a Resources section where professionals can obtain direct assistance.

Full Faith and Credit Implementation: Challenges and Solutions by Barbara Hart presents an overview of some of the obstacles toward obtaining seamless enforcement of protection orders across jurisdictions.

Increasing Your Safety: Full Faith and Credit for Protection Orders (developed by the National Center on Full Faith and Credit) is intended for someone who has a protection order and who may travel across state, territorial or tribal lines. Its goal is to help you use the full faith and credit provision of the federal Violence Against Women Act (VAWA) of 1994. It also explains the federal law and offers ideas about where to get help if you have problems with enforcement of your protection order.

An Advocate's Guide to Full Faith and Credit for Orders of Protection (developed by the Pennsylvania Coalition Against Domestic Violence) provides comprehensive information on FFC for domestic violence victim advocates.

Protecting Victims of Domestic Violence: A Law Enforcement Officer's Guide to Enforcing Orders of Protection Nationwide (developed by the International Association of Chiefs of Police) is a comprehensive overview of protection order enforcement requirements for law enforcement.

Full Faith and Credit Judge’s Bench Card (developed by the National Council of Juvenile and Family Court Judges) provides comprehensive information on FFC for tribal, state, and federal judges.

The Role of Judges in Enforcing Full Faith and Credit by Carbon, McDonald, Town & Wynne highlights the process that judges must follow to ensure that the process of issuing protective orders meets the constitutional requirements of due process under VAWA to ensure that protective orders will be enforced throughout the country.

Expanding the Network of Safety: Tribal Protection Orders for Survivors of Sexual Assault by Sarah Deer

“The right to exist in a world free from violence is a basic tenet in many indigenous cultures and governments. The epidemic of sexual violence perpetrated against Native American women in the United States reflects a fundamental breakdown in the cultural and legal norms that have served to provide protection to Native women from time immemorial.”

Law Enforcement Authority in Indian Country by Melissa L. Tatum highlights the problems that arise when a person travels with a protection order to a different jurisdiction.

Establishing Penalties for Violations of Protection Orders: What Tribal Governments Need to Know by Melissa L. Tatum explains that the full faith and credit provisions are both a boon and a burden for tribal governments. On the positive side, the statute reflects Congress' recognition that tribal governments are legitimate governments with court systems that issue protection orders. On the negative side, Congress has complicated the tasks for tribal governments and tribal courts by leaving the extent of tribal court authority over nonmembers ambiguous.

Orders of Protection: Resource Guide developed by the National Center for State Courts is a comprehensive bibliography of online and off-line resources.

Tribal Court Bench Book for Domestic Violence Cases developed by by the Northwest Tribal Court Judges Association is a general guideline with recommendations to help tribal courts deal with domestic violence cases. It is arranged into three sections: Pre-Trial, Trial, and Post-Trial.

Additional articles not available online:

Sarah Deer and Melissa L. Tatum, Tribal Efforts to Comply with VAWA’s Full Faith and Credit Requirements: A Response to Sandra Schmeider, 39 Tulsa L. Rev. 403 (2003).

Kelly Stoner and Richard A. Orona, Full Faith and Credit, Comity, or Federal Mandate? A Path that Leads to Recognition and Enforcement of Tribal Court Orders, Tribal Protection Orders, and Tribal Child Custody Orders, 34 N.M. L. Rev. 381 (2004).

Melissa L. Tatum, A Jurisdictional Quandary: Challenges Facing Tribal Governments in Implementing the Full Faith and Credit Provisions of the Violence Against Women Acts, 90 Ky. L.J. 123 (2001-2002).

Sumayyah Waheed, Domestic Violence on the Reservation: Imperfect Laws, Imperfect Solution, 19 Berkeley Women’s L. J. 287 (2004).

 

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This web site is supported by grant number 2004-WT-AX-K043 awarded by the Office on Violence Against Women, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.