Tribal Protection Orders

Online Resources

The following publications and articles provide more information about protection orders and full faith and credit.

DISCLAIMER: Be aware that not all publications and articles are updated to include language and analysis from VAWA 2013.

For Survivors:
Increasing Your Safety: Full Faith and Credit for Protection Orders (BWJP) 

For Advocates:
Full Faith and Credit for Protection Orders: Assisting Survivors with Enforcement Across Jurisdictional Lines (BWJP) 

For Law Enforcement:
Protecting Victims of Domestic Violence: A Law Enforcement Officer's Guide to Enforcing Protection Orders Nationwide (BWJP) 

Full Faith and Credit: Enforcing Protection Orders - Pocket Guide (BWJP)

Extending Project Passport: National Center for State Courts

Law Enforcement Authority in Indian Country by Professor Melissa L. Tatum (2003)

For Judges:
A Passport for Safety: A Judges Bench Card (NCJFCJ) 

Domestic Violence Virtual Classroom

This online program is designed to have you preside over a civil hearing where a petitioner is seeking a restraining order and a criminal hearing where the restraining order has been violated. This training program presents video scenarios and pertinent documents for a civil hearing on a restraining order and a criminal hearing on a violation of the protection order.

Civil Protection Orders: A Guide for Improving Practice (NCJFCJ, 2010) 

This publication is known as the CPO Guide. The National Council of Juvenile and Family Court Judges, in partnership with the Department of Justice Office on Violence Against Women developed the CPO Guide as a tool designed to support the work of professionals dedicated to enhancing the effectiveness of the civil protection order process. It provides guidance for advocates, attorneys, judges, law enforcement personnel, and prosecutors to help ensure that protection orders are effectively issued, served, and enforced across the country.

Creative Civil Remedies against Non-Indian Offenders in Indian Country by Hallie Bongar White, Jim White, Kelly Stoner (2008)

This report addresses current jurisdictional constraints and suggests strategies to maximize the exercise of sovereign powers necessary to maintain justice, safety, and order on tribal lands. Each section of the report contains a brief discussion of the relevant jurisdictional challenges and is then followed by a series of recommendations.

A Primer on Tribal Court Contempt Power by Matthew Fletcher (2008)

Supreme Court doctrine bars tribal courts from exercising criminal jurisdiction over non-Indians, but tribal courts often are the only practical mechanism available to protect Indian women from non-Indian domestic violence. Congress recognized this fact in the Violence Against Women Act by noting that tribal courts may use their civil contempt power to enforce personal protection orders originating in foreign jurisdictions.  This short paper describes the civil contempt power of tribal courts, and how tribal courts have used this power. The paper concludes with a short analysis of the implications of federal Indian law on tribal court authority to issue civil contempt citations to non-Indians.

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 by Kelly Stoner and Richard A. Orona (2004)

Tribal Domestic Violence Orders: A Judge's Guide (Alaska Tribes) 

For Prosecutors:
Prosecutor’s Guide to Full Faith and Credit for Protection Orders: Protecting Victims of Domestic Violence (BWJP)

For Attorneys:
Violence Against Native Women: A Guide for Practitioner Action (BWJP, 2006)

This paper 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. This paper is intended to serve as a guide to practitioners who represent Native women who are the victims of domestic and sexual violence. 

For Tribal Leaders:
Enforcement of Domestic Violence Protection Orders by Mary E. Guss and Melissa L. Tatum, The University of Arizona NativeNet Professional Development Series (2010)

This Guidebook is designed to provide context and highlight matters for tribal code-designers to consider when contemplating issues surrounding the enforcement of protection orders issued in their courts or the courts of states or other tribes.

Establishing Penalties for Violations of Protection Orders: What Tribal Governments Need to Know by Melissa L. Tatum (2003)

This essay explores the import of the VAWA's full faith and credit provisions and how tribal governments can take full advantage of those provisions to maximize the protection afforded to those shielded by protection orders.

A Jurisdictional Quandary: Challenges Facing Tribal Governments in Implementing the Full Faith and Credit Provisions of the Violence Against Women Act by Melissa L. Tatum (2001) 

This article explores the jurisdictional rules that apply to state and to tribes and examine the impact of those different rules on VAWA's Full Faith and Credit provisions. The article also includes a model tribal code for enforcement of foreign protection orders.

Expanding the Network of Safety: Tribal Protection Orders for Survivors of Sexual Assault by Sarah Deer (2003) 

This article develops an independent analysis of the need for sexual assault protection orders at the tribal level, in light of the reality of sexual violence against Native women and the unique limitations on tribal criminal jurisdiction.

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This website is a project of the Tribal Law and Policy Institute. Other web resources developed by TLPI include: National Child Welfare Resource Center for Tribes | Tribal Court Clearinghouse | National Indian Nations Conference | Tribal Healing to Wellness Courts | Walking on Common Ground