DISCIPLINE SPECIFIC RESOURCES
A basic guide to protection orders that describes the civil legal process, enforcement, foreign protection orders, and VAWA 2013 in an easy to read guidebook.
Section I: The Roots: Program Belief System. This section describes the theoretical
foundation of the approach and method to end violence against women. Knowing
the history of what, how, and why our People have come to a place where women
are no longer seen and treated as sacred, will provide the information needed to
formulate a response to violence against women. The roots are the foundation for
the red road.
Section II: The Contributors: The trunk connects the roots to the branches and
describes the elements that contribute to the growth of the shelter/program. Again,
the concepts and values of the red road provide the strength that will allow us to
flourish and create the safe space that women need.
Section III: The Branches: Response. The branches offer a demonstration and description of the activities and/or the outgrowth of the shelter/program roots.
For Law Enforcement
Law Enforcement Authority in Indian Country by Professor Melissa L. Tatum (2003)
The full faith and credit provisions of the Violence Against Women Act (VAWA) have great potential to close some of the gaps in cross-jurisdictional enforcement of protection orders. Unfortunately, when Violence Against Women Act (VAWA) was enacted, Congress did not distinguish tribal and state jurisdictions, leaving the details of enforcement up to each tribe and each state. As a result, tribal governments, and particularly tribal law enforcement officials, must make many decisions about how to establish procedures that can be applied both to protection orders issued by the tribe and protection orders issued by other jurisdictions.
Project Passport was designed to improve recognition and enforcement of orders of protection across jurisdictions by encouraging states and tribes to adopt a recognizable first page for orders of protection, such as including common elements and formats.
Tribal Domestic Violence Bench Guide: This bench guide informs judicial officers about barriers; dispels myths about native victims, tribes, and the law; presents a primer on federal Indian law; and highlights some of the inter-jurisdictional challenges state and tribal court judges face when recognizing and enforcing each other’s protective orders. By understanding barriers facing native victims, delving into the complexities of federal Indian law, and uncovering the inter-jurisdictional challenges, courts will be better equipped to make rulings, avoid conflicting rulings, and engage native and non-native service providers and justice system professionals to better serve native victims.
A Passport for Safety: A Judges Bench Card, National Council of Juvenile and Family Court Judges (NCJFCJ): An Overview of passport concept and related topics, such as full
faith and credit, federal firearms laws, tribal-state collaboration, and protection order
Civil Protection Orders: A Guide for Improving Practice, National Council of Juvenile and Family Court Judges (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 ensure that protection orders are effectively issued, served, and enforced across the country.
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 are often the only practical mechanism available to protect Indian women from non-Indian domestic violence. Congress recognized this in the Violence Against Women Act stating 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.
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)
This article discusses three possible avenues of obtaining enforcement of tribal court judgments -- the Full Faith and Credit Clause of the U.S. Constitution, the doctrine of comity, and the enactment of federal statutes that mandate full faith and credit for certain laws such as the Violence against Women Act (VAWA) and the Indian Child Welfare Act (ICWA).
Tribal Justice, Makepeace Productions: Two Native American judges reach back to traditional concepts of justice in order to reduce incarceration rates, foster greater safety for
their communities, and create a more positive future for their youth.
By addressing the root causes of crime, they are providing models of
restorative justice that are working. Mainstream courts across the
country are taking notice.
For Attorneys and Prosecutors
Tribal Domestic Violence Bench Guide This bench guide will inform judicial officers about barriers; dispel myths about native victims, tribes, and the law; present a primer on federal Indian law; and highlight some of the inter-jurisdictional challenges state and tribal court judges face when recognizing and enforcing each other’s protective orders. By understanding barriers facing native victims, delving into the complexities of federal Indian law, and uncovering the inter-jurisdictional challenges, courts will be better equipped to make rulings, avoid conflicting rulings, and engage native and non-native service providers and justice system professionals to better serve native victims.
For Tribal Leaders
Please note the following resources may not contain all of the most recent US Supreme Court Jurisprudence and do not contemplate VAWA 2013 amendments. Please review updates to laws and statutes.
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 Violence Against Women Act's (VAWA) 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 states and tribes. It examines the impact of those rules on Violence Against Women Act's (VAWA) 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 as well as the unique limitations on tribal criminal jurisdiction.