- What are some general tips for drafting enforceable tribal protection orders?
The language in a protection order is very important and is crucial for enforcement purposes. 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 jurisdiction. See Federal Full Faith and Credit. 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 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 Federal Firearms Prohibitions. The tribal protection order may also direct law enforcement to enter the tribal protection order in a federal database, National Crime Information Center or another database that feeds into the federal database for tribal protection order enforcement purposes. The order language may also engage 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.
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 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 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 the possible remedies that may be awarded in a protection order. The additional documents under this tab provide useful drafting tips on targeted issues.
- What drafting tips are provided on this website?
The following segments will provide support on drafting topics to include:
- jurisdictional and due process language in a tribal protection order,
- tribal code examples of protection order petitions and orders, and
- invoking the federal firearms prohibition relative to protection orders.