The following publications and articles provide more information about protection orders and full faith and credit.
DISCLAIMER: Be aware that some of the publications and articles provided below may NOT be updated to reflect VAWA 2022. However, VAWA 2022 made no substantive changes to the 2013 covered crime of Violation of a Protection Order. Therefore, the VAWA 2013 resources are still very relevant and useful.
Webinars
Tribal Court Protection Orders: Ensuring Full Faith & Credit
This webinar was hosted by TLPI in collaboration with our training and technical assistance partners – the National Judicial College (NJC). The Violence Against Women Act requires states, tribes and territories to provide full faith and credit for each other’s protection orders on domestic violence and child welfare. Such orders may relate to criminal cases connected to the Tribe or its members. States and tribes have pursued a variety of paths to ensure full faith and credit enforcement. Some states have enacted statutes explicitly recognizing tribal judge protection orders. In other states, the judicial branch or the executive branch have established procedures for enforcement of tribal judge orders. This webinar explored those options for tribal judges to ensure full faith and credit and offered best practices for tribal court judges in issuing protective orders. (August 23, 2024)
The National Council of Juvenile and Family Court Judges, the Tribal Law and Policy Institute, and the National Congress of American Indians hosted a webinar series on Tribal protection orders. The details of the 3-part series are provided below:
Tribal Protection Orders – Issuing Tribal Protection Orders
This webinar discusses how to craft Tribal protection orders, what language must be included in a Tribal protection order, and how to meet the Violence Against Women Act (VAWA) full faith and credit provision. (September 13, 2016) Tribal Protection Orders- Enforcing protection orders generally and for VAWA Special Domestic Violence Criminal Jurisdiction over non-Indian (SDVCJ) cases
This webinar discusses how to enforce Tribal protection orders through criminal prosecution, criminal contempt, and civil contempt. Enforcing Tribal protection order under the VAWA SDVCJ is also addressed. (September 20, 2016)
This webinar discusses what powers judges have to maintain the safety, order and integrity of the court while issuing and enforcing Tribal protection orders. (October 4, 2016)
Resources
State Specific Resources
All States
Womenslaw.org – Legal information
This website hosts a database of state laws regarding protection orders and others searchable state by state. (Last accessed July 15, 2025)
Alaska
Violence Against Women Act and tribal protection orders – Alaska Online Public Notices
A pdf version of the notice is available. (July 30, 2015)
California
Enforcement of Tribal Protection Orders in California – YouTube
This public service announcement explains how Tribal court protection orders are to be given full faith and credit under the federal Violence Against Women Act and California Family Code. Courts and law enforcement must recognize and enforce protection orders from other jurisdictions as if the order was from their own jurisdiction. (May 12, 2017)
Oregon
Official Guidance for Enforcement of Tribal Protection Orders/ “Foreign Restraining Orders” This is a memo from the Oregon Department of Justice with special attention to all state, local, and Tribal law enforcement agencies, Oregon District Attorneys, Oregon County Counsel, and Public Safety Partners. (January 2020)
Washington
State Obligation To Enforce Protection Orders Issued By The Courts Of Other States Or Tribal Courts Attorney General of Washington opinion on state enforcement of Tribal protection orders. (August 28, 2018)
For Survivors
Increasing Your Safety: Full Faith and Credit for Protection Orders (BWJP)
This guide is intended to help people in need of protection orders understand the full faith and credit provision of the Violence Against Women Act (VAWA), 18 U.S.C. § 2265 (2006), by explaining the federal law and offering ideas about how to get help if you have problems with the enforcement of your protection order. (No date)
For Advocates
Full Faith and Credit for Protection Orders: Assisting Survivors with Enforcement Across Jurisdictional Lines (BWJP)
Guide for assisting survivors with enforcement across jurisdictional lines. (No date)
This Information Guide and Checklist suggests topics for advocates to discuss with victims in preparing to file a Tribal protection order. This resource is particularly focused on drafting a Tribal protection order in cases involving non-members. The checklist is not jurisdiction specific, so advocates should consult local rules, statutes and procedures in applicable jurisdictions and consult with legal counsel. The information provided is not legal advice. (2025)
This Information Guide and Checklist suggests topics for advocates to discuss with victims in preparing to file a Tribal protection order. This resource is particularly focused on drafting a Tribal protection order in cases involving Tribal members. The checklist is not jurisdiction specific, so advocates should consult local rules, statutes and procedures in applicable jurisdictions and consult with legal counsel. The information provided is not legal advice. (2019)
For Law Enforcement
Protecting Victims of Domestic Violence: A Law Enforcement Officer’s Guide to Enforcing Protection Orders Nationwide (BWJP)
This guide for law enforcement provides guidance on the inter-jurisdictional enforcement of protection orders pursuant to the full faith and credit provision of the Violence Against Women Act (VAWA), 18 U.S.C. §2265, interstate domestic violence and stalking crimes 18 U.S.C §§§2261, 2261A, 2262, and firearm prohibitions 18 U.S.C. §922(g) (8) and (9). (No date)
Full Faith and Credit: Enforcing Protection Orders – Pocket Guide (BWJP)
A law enforcement officer’s Pocket Guide to enforcing protection orders. (No date)
Law Enforcement Authority in Indian Country by Professor Melissa L. Tatum
The full faith and credit provisions of the VAWA have great potential to close some of the gaps in cross-jurisdictional enforcement of protection orders. Unfortunately, when it enacted the VAWA, Congress did not focus on the difference between Tribal and state jurisdictions, while at the same time 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. (2003)
For Judges
Tribal Domestic Violence Orders: A Judge’s Guide (Alaska Tribes)
An overview of protection orders for Alaska judges and judicial officials by the Alaska Legal Services Corporation. (August 2012)
A Passport for Safety: A Judges Bench Card (NCJFCJ)
Full Faith and Credit: A Passport to Safety, A Judge’s Guide (Passport to Safety) was developed in 1999 as part of the Office on Violence Against Women’s comprehensive effort to assist states, tribes, and territories with implementing the full faith and credit provision of the Violence Against Women Act (VAWA). Since the original publication of Passport to Safety, VAWA was amended three times – in 2000, in 2005, and in 2013. In 2005, the NCJFCJ revised Passport to Safety to reflect the amendments to VAWA, which expanded it from its original issuing and enforcing court cards to include new bench cards on firearms and child custody, visitation, and support. The NCJFCJ also added a Tribal insert to reflect the 2013 amendments to VAWA. (February 29, 2012)
Civil Protection Orders: A Guide for Improving Practice
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 help ensure that protection orders are effectively issued, served, and enforced across the country. (2010)
Creative Civil Remedies against Non-Indian Offenders in Indian Country by Hallie Bongar White, Jim White, Kelly Stoner
This report addresses current jurisdictional constraints and suggests strategies to maximize the exercise of sovereign powers necessary to maintain justice, safety, and order on Tribal lands. Each section of the report contains a brief discussion of the relevant jurisdictional challenges and is then followed by a series of recommendations. (2008)
A Primer on Tribal Court Contempt Power by Matthew Fletcher
Supreme Court doctrine bars Tribal courts from exercising criminal jurisdiction over non-Indians, but Tribal courts often are the only practical mechanism available to protect Indian women from non-Indian domestic violence. Congress recognized this fact in the Violence Against Women Act by noting 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. The paper concludes with a short analysis of the implications of federal Indian law on Tribal court authority to issue civil contempt citations to non-Indians. (2008)
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
This article discusses three possible avenues focused on 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 judgments such as the Violence against Women Act (VAWA) and the Indian Child Welfare Act (ICWA). (2004)
For Prosecutors
Understanding the Supreme Court’s Decision in United States v. Rahimi
United States v. Rahimi became a widely followed case in the 2024 Supreme Court docket after the United States Court of Appeals for the Fifth Circuit (covering Texas, Louisiana, and Mississippi) issued its decision in United States v. Rahimi, 59 F.4th 163 (5th Cir. 2023). The Court ruled that 18 U.S.C. § 922(g)(8), which prohibits gun possession by people who are subject to domestic violence restraining orders, is unconstitutional under the Second Amendment.
This decision reverberated across the country, and in the wake of the Fifth Circuit decision, the Supreme Court took a writ of Certiorari to resolve the conflict. Ultimately, on June 21, 2024, the Supreme Court overturned the Fifth Circuit and upheld the constitutionality of 18 U.S.C. § 922(g)(8). This Strategies in Brief newsletter unpacks the holding of the Supreme Court, and provides guidance to prosecutors moving forward on applying this ruling to their work. (August 2024)
Prosecutor’s Guide to Full Faith and Credit for Protection Orders: Protecting Victims of Domestic Violence (BWJP)
A prosecutor’s guide to full faith and credit for protection orders and for protecting victims of domestic violence. (No date)
For Attorneys
Violence Against Native Women: A Guide for Practitioner Action
This paper by the Battered Women’s Justice Project reviews actions taken by the U.S. government and many Tribal nations to respond to violence against Native women and to eliminate barriers to justice and healing for Native women who have survived domestic or sexual violence. Practice tips are included to assist practitioners and elected Tribal officials. The paper concludes with a list of resources and a glossary. This paper is intended to serve as a guide to practitioners who represent Native women who are the victims of domestic and sexual violence. (2006)
For Tribal Leaders
Expanding the Network of Safety: Tribal Protection Orders for Survivors of Sexual Assault, Sarah Deer, University of New Mexico, Tribal Law Journal, 4(1), 1-23
This law review article discusses the importance of expanding the options for safety for survivors of sexual assault to include sexual assault Tribal protection orders. Part I lays the foundation for the development of a tribal response to sexual violence by examining what is known about the rate and impact of sexual violence perpetrated against Native women. Part II explores the historical and contemporary response to sexual violence by tribal governments, including the limitations imposed by U.S. federal law, and Part III outlines my proposal for the development of a civil legal remedy in tribal court for survivors of sexual violence. (2024)
National Center on Protection Orders and Full Faith & Credit (BWJP)
This bulletin is designed to ensure that state and local law enforcement officers across the country have the necessary information to enforce and prosecute violations of tribal protection orders. Enforcement of protection orders across jurisdictional lines is a critical component of protecting victims of violence. Victims depend on law enforcement to honor and enforce their protection orders as they travel across states, tribal lands, and U.S. territories. Failing to enforce a protection order because it was issued in another state, tribe, or U.S. territory can leave victims vulnerable and may expose officers and their departments to legal liability. (2024)
Full Faith and Credit, Protection Orders and Safety for Native Families
National Indigenous Women’s Resource Center
This resource provides an overview of protection orders and the Violence Against Women Act of 2013 including tips about how to ensure Tribal protection orders are recognized. Suggestions for Tribal leaders included. Note that this resource has not been updated for Violence Against Women Act of 2022. (2018)
Establishing Penalties for Violations of Protection Orders: What Tribal Governments Need to Know by Melissa L. Tatum
This essay explores the import of VAWA’s 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. Note that this resource has not been updated for Violence Against Women Act of 2013 and 2022. (2003)
For additional resources:
National Center on Protection Orders and Full Faith & Credit
National Center on Protection Orders and Full Faith & Credit (NCPOFFC) is a project of the Battered Women’s Justice Project (BWJP). The mission of NCPOFFC is to facilitate implementation of the Full Faith and Credit clause of the Violence Against Women Act (VAWA) in all states, Tribes and territories by raising public awareness of the statute’s requirements and by providing problem-solving technical assistance and support to individuals and jurisdictions, to victims, survivors and advocates.
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