Tribal Protection Orders


Tribal Laws on Full Faith and Credit

This page is designed to provide an overview of how tribal governments are working to ensure the seamless enforcement of protection orders both inside and outside Indian country.

Model Tribal Domestic Violence Full Faith and Credit Ordinance (developed by the National Center on Full Faith and Credit)

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.

Violence Against Native Women: A Guide for Practitioner Action (developed by the National Center on Full Faith and Credit) Coming soon!

Example of Tribal Full Faith and Credit Statutes

Does your tribal nation have a full faith and credit ordinance you would like to share on this website? If so, email with your information.

Oglala Sioux Tribe

Section 314. Enforcement of foreign orders for protection.

  1. A copy of an order for protection issued by another tribal, state, county, or other court jurisdiction, shall be given full faith and credit by Oglala Sioux tribal law enforcement authorities as having the same force and effect as one issued by the Oglala Sioux Tribal Court.
  2. Law enforcement officers shall attempt to verify the existence and/or validity of any foreign order for protection by any means available. In the event that the victim does not have a copy of the order, the officer cannot verify the order or the copy is not clear enough to determine its validity, the officer should arrest the subject on an applicable violation of the OST Code and shall assist the victim in obtaining verification of the order and/or explaining the procedure for obtaining an OST Order for Protection. The law enforcement officer shall also offer other assistance as provided in Section 204.
  3. Valid foreign orders for protection shall be upheld as to the conditions of the foreign order whether or not those remedies or conditions are available through the OST Code.
  4. Under this section, the court shall utilize the penalties and procedures provided in Chapter 2 for the enforcement of orders for protection.
  5. In accordance with Section 206, any violations of a foreign order for protection shall be acted upon in the same manner as if the order for protection were issued by the Oglala Sioux Tribal Court and in accordance with the full faith and credit provisions of Title 18 USC 2265.
  6. Law enforcement and criminal justice system personnel shall enter valid foreign orders for protection in the tribal registry.
  7. Law enforcement and criminal justice system personnel shall encourage persons possessing foreign orders for protection to file the foreign order with the tribal registry and with the OST Court
  8. Facsimile copies which meet the requirements of Title 18, United States Code, Section 2265 shall be recognized as valid verification of foreign orders for protection for the purpose of enforcement under this section.

Nez Perce Tribal Code

7-3-6 Full Faith and Credit Given to Domestic Protection Orders.

  1. Any domestic protection order issued that is consistent with subsection (b) of this section by one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the Nez Perce Tribe and enforced as if it were the order of the Nez Perce Tribe.
  2. A domestic protection order issued by a State or Tribal Court is consistent with this subsection if:
  1. such Court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and
  2. reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by State or Tribal law, and in any event within a reasonable time after the order is issued.
  1. A domestic protection order issued by a State or Tribal Court against one who has petitioned, filed a complaint, or otherwise filed a written pleading for protection against abuse by a domestic household member is not entitled to full faith and credit if:
  1. no cross or counter petition, complaint or other written pleading was filed seeking such a protection order; or
  2. a cross or counter petition has been filed and the Court did not make specific findings that each party was entitled to such an order.

Tribal Case Law Pertaining to Domestic Violence

Tribal Domestic Violence Case Law: Annotations for Selected Tribal Cases Related to Domestic Violence

This compendium, developed as part of an overall code-writing workshop curriculum for tribal governments, will assist tribal legislators as well. Understanding how laws are interpreted by the court systems may impact the development of laws that provide safety to tribal citizens.

 

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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.