This website is intended to serve as an online resource pertaining to drafting and enforcing tribal protection orders. Each Tribe is unique with respect to Tribal constitutions and codes. The reader should consult the specific Tribal constitution and Tribal codes for additional requirements regarding drafting and enforcement of Tribal protection orders.
- What are some general tips for drafting enforceable Tribal Protection Orders?
The language in a protection order is crucial for enforcement purposes. The language in the protection order may engage VAWA 2022’s Full Faith and Credit provisions found in 18 USC 2265. Full Faith and Credit requires that the protection order be recognized and enforced in all jurisdictions providing protection as the victim may move between jurisdictions. See Federal Full Faith and Credit. Clear and precise language regarding remedies is necessary since a violation of certain remedies in the protection order, that occur in Indian country and issued in favor of an Indian victim, may be the basis for civil contempt and criminal prosecution of the Indian perpetrator or non-Indian perpetrator pursuant to 25 U.S.C. 1304(a)(17). Remedies must be clearly written so that a prosecutor can understand exactly what parameters the remedy is specifying to prove a violation beyond a reasonable doubt in criminal court. See VAWA 2022 Special Tribal Criminal Jurisdiction.
Additionally, the language in the protection order may activate the federal firearms statutory prohibition against possessing ammunition or firearms during the period of a valid protection order. See Federal Firearms Prohibitions. The Tribal protection order language may also direct law enforcement to enter the Tribal protection order in a federal database (such as National Crime Information Center) that feeds into the federal database for Tribal protection order enforcement purposes. The protection order language may also direct law enforcement and other court staff to carry out certain duties enumerated in the order. For Tribes seeking additional information and resources on access to the National Crime Information Center, please see Tribal Access Program.
While protection order remedies will be guided by the applicable Tribal court and Tribal judicial findings, some areas to consider when drafting a protection order include the following victim safety issues:
- No violent acts
- No sexual assault
- No contact with the victim by any means, to include direct contact or contact through third parties
- No communication of any type, directly or indirectly, to include electronic contact and/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
- Firearm prohibitions
Other remedies may include:
- Custody visitation, support
- Pet safety
- Rent, mortgage payment, utilities, car payment, insurance, day care, etc.
- Other relief available by statute
Be certain to check applicable Tribal laws that may set forth possible remedies that may be awarded in a protection order. Additional webpages on this website provide useful drafting tips on targeted issues.
- What specific drafting tips are provided on this website?
The following webpages on this website will provide drafting tips on topics including:
- Jurisdictional and Due Process Language in a Tribal Protection Order
- Full Faith and Credit Language – Federal Law, Tribal Law, and State Law
- Invoking the Federal Firearms Prohibition relative to Protection Orders.
- Tribal Protection Order Laws and Forms
- Tribal Full Faith and Credit Laws
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