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
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.
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
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
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.
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.”
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
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.
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.
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).