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.
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.
- 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.
- 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.
- 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.
- Under this section, the court shall utilize the penalties and procedures
provided in Chapter 2 for the enforcement of orders for protection.
- 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.
- Law enforcement and criminal justice system personnel shall enter valid
foreign orders for protection in the tribal registry.
- 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
- 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.
- 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.
- A domestic protection order issued by a State or Tribal Court is consistent
with this subsection if:
- such Court has jurisdiction over the parties and matter under the law of
such State or Indian tribe; and
- 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.
- 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:
- no cross or counter petition, complaint or other written pleading was filed
seeking such a protection order; or
- 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.