Published: September, 2019| NCPOFFC

The following general information guide and checklist suggests topics/issues for advocates to discuss with each victim relative to preparing to file a tribal protection order and drafting a tribal protection order in cases involving non-members. Recall that the U.S. Supreme Court has placed restrictions on a tribe’s civil and criminal jurisdictional authority in matters occurring in Indian country involving non-members. The language that follows also connotes the possible enforcement of the protection order by the exercise of Special Domestic Violence Criminal Jurisdiction (SDVCJ) over non-Indian violators of protection orders in Indian Country. Note that each victim will present varying danger/safety factors and the importance of ongoing lethality assessments and safety planning cannot be overstated. Additionally, victim-centered advocacy requires that the victim determine what remedies and options are needed.