Tribal Laws on Full Faith and Credit and Protection Orders
This page provides an overview of how tribal nations are working to ensure the seamless enforcement of protection orders both inside and outside Indian country.
Draft Model Tribal Domestic Violence Full Faith and Credit Ordinance
This sample language is designed to assist tribal governments in passing enabling statutes consistent with the VAWA laws on full faith and credit. Tribes may use this template as a starting place to develop their own, customized full faith and credit law.
Confederated Tribes of the Colville Reservation
5-5-101. Full Faith and Credit for Foreign Orders of Protection
(b) Any order of protection, except as noted in (c) below, issued by a court of any Indian tribe or state of the United States, the District of Columbia, a commonwealth, territory or possession of the United States, or Canadian or First Nations Court shall be accorded full faith and credit by the Court, and shall be enforced as if it were an order of the Court, if both:
(1) The issuing court had jurisdiction over the parties and the matter at the time the order was issued; and
(2) The issuing court gave reasonable notice and an opportunity to be heard to the person the order is issued against, sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard were given within a reasonable time after the order is issued.
(c) A foreign order of protection entered against both a petitioner and a Defendant shall not be enforceable against the petitioner unless both:
(1) The Defendant filed a cross or counter claim seeking such a protection order; and
(2) The issuing court made specific findings of domestic violence or a crime involving domestic violence against both the petitioner and Defendant and determined that each party was entitled to such an order.
Tulalip Tribal Code
4.25.690 Full faith and credit clause.
Purpose. The purpose of this section is to ensure compliance with the full faith and credit provision of the Violence Against Women Act of 1994 (VAWA) as set forth in 18 U.S.C. 2265, as it may be amended from time to time, and to ensure that victims of domestic violence are able to move across State and Tribal boundaries without losing the ability to enforce protection orders they have previously obtained to increase their safety.
A foreign protection order is valid if the issuing court had jurisdiction over the parties and matter under the law of the state, territory, possession, Indian tribe, or United States military tribunal.
A person under restraint must be given reasonable notice and the opportunity to be heard before the protection order of the foreign state, territory, possession, Indian tribe or United States military tribunal was issued. In the case of an ex parte order, notice and opportunity to be heard must have been provided within a reasonable time after the order was issued, consistent with due process. [Res. 2013-379; Ord. 117 § 1.21, 11-5-2001 (Res. 2001-365). Formerly 4.25.210].
In addition, language related to the Montana Test is taken from the Tulalip Tribal Code.
Tulalip Tribal Code
4.25.020 Legislative findings.
It is the intent of the Tulalip Board of Directors and the Tribal community that the official response to domestic violence and family violence shall be that the Tribes will not tolerate or excuse violent behavior under any circumstances. All people, whether they are elders, male, female, or children of our Tribes, or of the entire community residing on the Tulalip Reservation, are to be cherished and treated with respect. Domestic violence and family violence are not acceptable and are contrary to traditional Tulalip Tribal culture and values of honoring the family, and are contrary to the interest of our community and sense of well-being and growth. Domestic violence and family violence will not be tolerated.
The Tribes finds that domestic violence and family violence imperil the very subsistence of the Tribal community and the residents of the Reservation. The Tribes recognizes the Department of Justice findings that one in three Native women is sexually assaulted in her lifetime and that 70 percent of reported assaults are committed by non-Native men against Native women. A community response to domestic and family violence is necessary because domestic and family violence crimes and incidents impact the community as a whole. These crimes redirect Tribal resources – whether personnel, financial, public safety or other resources – elsewhere and require an immediate response. As a result of this impact on Tribal resources, the Tribes deems it necessary to address domestic violence and family violence to the fullest extent permitted by laws existing now or as may be adopted or amended in the future.
The Tribes further recognizes that there is a distinction between intimate partner domestic violence and family member violence. Domestic violence involves an intimate partner relationship and dynamics of power and control are overwhelmingly present in the action. Family violence is committed against all other family or household members. Both are reprehensible actions that require specialized recognition and enhanced provisions than what might be otherwise available to victims of crimes, or remedies available in civil actions. [Res. 2013-379].
Does your tribal nation have a VAWA compliant full faith and credit ordinance you would like to share on this website? If so, email email@example.com with your information.
|SAFETY ALERT: If you are in danger, please use a safer computer, or call 911, a local hotline, or the U.S. National Domestic Violence Hotline at 1-800-799-7233 and TTY 1-800-787-3224. Learn more technology safety tips. There is always a computer trail, but you can leave this site quickly.