The language in a protection order is very important. The language of the protection order is crucial for enforcement purposes. Clear and precise language is necessary since a violation of the protection order issued in favor of an Indian victim may be the basis for the criminal prosecution of Indian batterer or non-Indian batterer pursuant to section 904 of VAWA 2013. [See Enforcing Protection Orders/ Special Domestic Violence Criminal Jurisdiction] Additionally, the language in the protection order may trigger the federal firearms statutory prohibition against possessing ammunition or firearms during the period of a valid protection order. [See Drafting Protection Orders/ Federal Firearms] Additionally, the language in the protection order may engage section VAWA 2013 requiring that the protection order be given full faith and credit in all jurisdictions as the victim travels between jurisdictions.][See Enforcing Protection Orders/Federal Full Faith and Credit]
The language used in a protection order should clearly and concisely set forth the parameters of a batter’s behaviors that will amount to a violation of the order. Remember that the violation of a protection order may be the basis for a criminal action, which the tribal prosecutor must prove the violation beyond a reasonable doubt.
Some areas to consider when drafting a protection order:
Victim Safety Issues:
- No violent acts
- No sexual assault
- No contact with the victim by any means- to include direct contact, contact through third parties
- No communication of any type directly or indirectly to include electronic contact or social media
- No threats
- List specific geographical limitations- locations and distance
- No stalking or tracking
- No harassment
- No engaging in any type of conduct that would place a person in reasonable fear of bodily injury
Other Remedies:
- Custody visitation, support
- Pet safety
- Rent, mortgage payment, utilities, car payment, insurance, day care, etc.
- Other relief available by statute