This webpage provides an overview of how different Tribal nations are working to ensure the seamless enforcement of protection orders both inside and outside Indian country utilizing the federal full faith and credit mandate.
- What are some examples of Tribal Full Faith and Credit provisions?
5-5-101. Full Faith and Credit for Foreign Orders of Protection
- Omitted
- Any order of protection, except as noted in (c) below, issued by a court of any Indian Tribe or State of the United States, the District of Columbia, a commonwealth, territory or possession of the United States, or Canadian or First Nations Court shall be accorded full faith and credit by the Court, and shall be enforced as if it were an order of the Court, if both:
- The issuing court had jurisdiction over the parties and the matter at the time the order was issued; and
- The issuing court gave reasonable notice and an opportunity to be heard to the person the order is issued against, sufficient to protect that person’s right to due process. In the case of ex parte orders, notice and opportunity to be heard were given within a reasonable time after the order is issued.
- A foreign order of protection entered against both a petitioner and a respondent shall not be enforceable against the petitioner unless both:
- The respondent filed a cross or counter claim seeking such a protection order; and
- The issuing court made specific findings of domestic violence or a crime involving domestic violence against both the petitioner and respondent and determined that each party was entitled to such an order.
- Any order of protection, except as noted in (c) below, issued by a court of any Indian Tribe or State of the United States, the District of Columbia, a commonwealth, territory or possession of the United States, or Canadian or First Nations Court shall be accorded full faith and credit by the Court, and shall be enforced as if it were an order of the Court, if both:
Sec. 50B-14. – Full faith and credit.
Valid protective orders that are entered by the courts of a state or another Indian Tribe and are consistent with 18 U.S.C. 2265 shall be accorded full faith and credit by the Cherokee Court whether or not the order has been registered and shall be enforced by the Cherokee Court and the Cherokee Police Department as if it were an order issued by the Cherokee Court. In determining the validity of an out-of-state order for purposes of enforcement, a law enforcement officer may rely upon a copy of the protective order issued by a state or another Indian Tribe that is provided to the officer and on the statement of the person protected by the order that the order remains in effect. Even though registration is not required, a copy of a protective order may be registered in Cherokee Court by filing with the Clerk of the Court a copy of the order and an affidavit by a person protected by the order that to the best of that person’s knowledge the order is presently in effect as written. Notice of the registration shall not be given to the defendant. Upon registration of the order, the clerk shall promptly forward a copy to the Cherokee Police Department. Unless the issuing state or Indian Tribe has already entered the order, the Cherokee Police Department shall provide for prompt entry of the order into the National Crime Information Center registry pursuant to Section 50B-12(b). Upon application or motion by a party to the court, the court shall determine whether an out-of-state order remains in full force and effect.
(Ord. No. 407, 9-26-2002)
- Tulalip Tribal Code
Title 4, 4.25.690 Full faith and credit clause
Purpose. The purpose of this section is to ensure compliance with the full faith and credit provision of the Violence Against Women Act of 1994 (VAWA) as set forth in 18 U.S.C. 2265, as it may be amended from time to time, and to ensure that victims of domestic violence are able to move across State and Tribal boundaries without losing the ability to enforce protection orders they have previously obtained to increase their safety.
A foreign protection order is valid if the issuing court had jurisdiction over the parties and matter under the law of the state, territory, possession, Indian Tribe, or United States military tribunal.
A person under restraint must be given reasonable notice and the opportunity to be heard before the protection order of the foreign state, territory, possession, Indian Tribe or United States military tribunal was issued. In the case of an ex parte order, notice and opportunity to be heard must have been provided within a reasonable time after the order was issued, consistent with due process. [Res. 2021-002; Res. 2013-379; Ord. 117 § 1.21, 11-5-2001 (Res. 2001-365). Formerly 4.25.210].
Please consult the applicable Tribal code for a particular Tribe’s processes on Full Faith and Credit of protection orders.