A Judge's Bench Card Regarding Full Faith and Credit
A publication designed to help judges understand the necessary steps to supporting implementation of the Full Faith and Credit Provision of the Violence Against Women Act.
A Passport to Safety: Full Faith and Credit, A Judge's Guide
This publication is also known as "Passport to Safety" and is designed to facilitate the efforts of states, tribes, and territories to implement Full Faith & Credit Provisions of the Violence Against Women Act (VAWA). Since its initial printing in 1999, VAWA has been amended twice - once in 2000 and again in 2005. This version reflects the 2005 amendments and expands "Passport to Safety" from its original issuing and enforcing benchcards to include two new subject-area cards: one on firearms and one on custody, visitation, and support provisions within protection orders.
A Victim-Centered Approach To Domestic Violence Against Native Women
"This resource guide was developed to provide a starting point for drafting or revising tribal laws on domestic violence. It is written with a philosophy that tribal laws should reflect tribal values."
Addressing Domestic Violence in Indian Country
This manual examines the reasons behind the presence of domestic and sexual violence in Native communities by looking at its historical origins and how to address it in the community.
Addressing Stalking in Indian Country
This article discusses the results of a June 1999 survey Mending the Sacred Hoop sent to approximately 150 tribes regarding tribal anti-stalking laws.
Addressing Stalking in Native American Communities (PDF)
The Native American Circle, Ltd. and the Stalking Resource Center have defined project objectives and goals as: assist tribal nations in developing tribal legal codes, provide educational materials and training programs, develop model protocol for use by tribal nations to implement coordinated, multidisciplinary responses to stalking crimes in Indian country, assist in forming dedicated teams of police officers, prosecutors, court personnel, and parole and probation officers, identify promising practices to prevent and reduce stalking in domestic violence cases, and provide technical assistance and training in the use of federal laws regarding interstate stalking.
An Advocate's Guide to Full Faith and Credit
This guide was developed for advocates who assist victims of domestic violence with orders for protection. It provides a glossary of full faith and credit terminology, advocate tips, and information about enforcement of full faith and credit legislation.
Becoming an Expert Witness & Developing Your Curriculum Vita or Resume (PDF)
This guide provides domestic violence advocates tips on how prepare to become an expert witness in trials and hearings.
Community-Based Analysis of the U.S. Legal System's Intervention in Domestic Abuse Cases Involving Indigenous Women (PDF)
"This is a report about institutional processes within the U.S. legal system and their impact on the lives of Indigenous women who are battered."
Creative Civil Remedies Against Non-Indian Offenders in Indian Country (PDF)
"This report explores ways in which tribes can work within current jurisdictional limitations to impose significant, meaningful, and effective deterrents and consequences for non-Indian offenders."
Criminal Prosecution of Battered Native Women for Failure to Protect
This document provides an overview of the criminal prosecution of battered native women for failure to protect and the impact of laws and policies.
Domestic Violence, Sexual Assault & Stalking Prevention and Intervention in Rural Native American Communities: Training, Research and Education Programs
A comprehensive training manual for rural Native American communities addressing domestic violence, sexual assault and stalking through training, research and educational programming. Note: This document provides a general overview. When developing a plan for your community, look to your own tribal codes and state and federal laws concerning confidentiality and explore methods which can be used in the civil or criminal justice arenas which would enhance victim safety.
Elder Abuse in Tribal Communities
This document provides an overview and resources on elder abuse in tribal communities.
Enforcing Domestic Violence Firearm Prohibitions: A Report on Promising Practices (PDF)
"This report highlights promising practices currently employed around the United States and in tribal jurisdictions that represent innovative approaches to enforcing domestic violence firearm prohibitions. It provides brief descriptions of programs that are located primarily in law enforcement agencies, prosecutors’ offices, courts, and probation departments."
Federal Interstate Stalking Law
Provides definitions and interpretations of the Federal Interstate Stalking Law.
Final Report: Focus Group on Public Law 280 and the Sexual Assault of Native Women (PDF)
This is the final report from the "focus group on the Oneida Indian Reservation in Green Bay, Wisconsin that discussed challenges to, and opportunities for, collaboration between states and tribes in Public Law 280 jurisdictions to address sexual assault in Indian country."
Full Faith and Credit Enabling Legislation and Registry Information
The following document provides information about individual states' laws and policies regarding restraining orders, the registration thereof and reciprocity between states. Registry information is also provided for the District of Columbia.
Full Faith and Credit Implementation: Challenges and Solutions
This chapter identifies some of the stumbling blocks to implementation of full faith and credit, including xenophobia, reluctance to change, and procedure-driven traditions of law enforcement. It offers an outline for a problem-solving approach.
Intersection of Domestic Violence and Child Victimization in Indian Country (PDF)
This document provides an overview of the "destructive effects of domestic violence on children, families, and communities which are magnified by the intergenerational trauma that Native American families and communities have experienced since colonization began."
Interstate Child Custody: A practitioner's Guide to the Parental Kidnapping Prevention Act (PKPA) 28 U.S.C. § 1738A
An information sheet on the Parental Kidnapping and Prevention Act and how it relates to cases of domestic violence.
Key Provisions of UCCJA, PKPA, UCCJEA, & ICWA and Improvements Made by the UCCJEA for Battered Women (PDF)
This document provides a flow chart of various child custody laws in the United States, with a special focus on state and tribal court jurisdictions.
Listen To The Grandmothers Video Guide and Resource: Incorporating Tradition into Contemporary Responses to Violence Against Native Women (PDF)
This video guide and resource is a tool for tribal communities viewing the Listen to the Grandmothers video to assist further discussion and a resource for assisting communities that wish to incorporate the use of cultural traditions in responding to violence against Native women.
Model Tribal Domestic Violence Full Faith and Credit Ordinance
A sample document of a tribal domestic violence full faith and credit ordinance.
Progress Report on Full Faith and Credit Enabling Legislation: 2000
Although the full faith and credit provision of the Violence Against Women Act (VAWA) explicitly directs states, union territories, and Indian tribes to enforce protection orders issued by sister states, territories, and tribes, it does not prescribe any specific enforcement procedures but instructs them to establish their own. This chapter provides a comprehensive view of the impact of the provision upon various jurisdictions.
Prosecutor Sexual Assault Protocol
"This guide focuses on the development of an internal protocol for use by tribal prosecutors."
Sample Final Protection Order
This sample order, which is based on Pennsylvania law, is a guide to assist in the drafting of Final Protection Orders in different jurisdictions. The relief available will depend on the laws of each particular state or jurisdiction.
Sample Notice to Defendant Filing of Protective Order
A sample notice to a defendant filing a protective order.
Sample Universal Certification Form for Restraining Orders
A universally recognized and utilized certification form for civil protection/restraining orders will both normalize and expedite full faith and credit of these orders in non-issuing states, pursuant to the provisions of the VAWA. This is a sample order with attached rationale for the benefits of a universally recognized form.
Sex Offender Registration and Notification in Indian Country
This report provides recommendations on how Tribes can best protect their sovereignty while substantially complying with SORNA’s mandatory requirements of sex offender registration and notification.
Sexual Assault in Indian Country: Confronting Sexual Violence (PDF)
This document highlights certain types of sexual assault evidence and presents it within the historical treatment of native populations, jurisdictional problems and prevalence of violence.
Sexual Assault Response Teams: Resource Guide for the Development of a Sexual Assault Response Team (SART) in Tribal Communities (PDF)
This manual will assist tribal communities in instituting effective, integrated policies and procedures for the investigation, prosecution, and provision of services in sexual assault cases for Native women.
Stalking in Indian Country
This document provides information about stalking in Indian Country, barriers to relief, tribal anti-stalking codes and relevant federal codes.
The Full Faith and Credit Project
An overview of the Full Faith and Credit Project, including their history, mission, and plans for the future. Updated June 2000.
The Principles of Advocacy: A Guide for Sexual Assault Advocates (PDF)
This document provides "a better understanding of the far-reaching impact of sexual assault against American Indian and Alaskan Native women by exploring specific elements of perceptions, policy, and other key factors in order to determine the scope of the problem."
The Role of Judges in Enforcing Full Faith and Credit
It is incumbent upon judges to ensure that the process of issuing valid protection orders meets the constitutional requirements of due process so as to ensure that those orders are enforceable nationwide. This chapter defines a valid protection order and delineates the judge's role in both certification of compliance and enforcement of VAWA across state and tribal jurisdictions.
The Snapshot Project
A project that gathered statistics and vignettes from states, tribes and local communities, in order to highlight changes that have occurred as a result of funding through the Violence Against Women Act (VAWA).
Tribal Domestic Violence Case Law: Annotations for Selected Tribal Cases Related to Domestic Violence (PDF)
"This compendium is designed to assist tribal judicial officers in understanding how some tribal governments have handled certain legal issues within the context of domestic violence cases."
Tribal Law Enforcement Protocol Resource: Sexual Assault Guide for Drafting or Revising Tribal Law Enforcement Agency’s Protocols Responding to Sexual Assault (PDF)
"This guide for drafting or revising tribal law enforcement agency’s protocols responding to sexual assault (including a model sexual assault protocol) is a tool for improving the investigation of sexual assault crimes."
Tribal Legal Code Resource: Domestic Violence Laws (PDF)
This guide for drafting or revising victim-centered tribal laws against domestic violence is written with a philosophy that tribal laws should reflect tribal values. In addition, writing a tribal law usually requires careful consideration of how state and/or federal laws might apply in the community. This resource guide includes sample language and discussion questions which are designed to help tribal community members decide on the best laws for their community.
Tribal Legal Code Resource: Sexual Assault and Stalking Laws Guide for Drafting or Revising Victim-Centered Tribal Laws Against Sexual Assault and Stalking (PDF)
"This guide for drafting or revising victim-centered tribal laws against sexual assault and stalking is written with a philosophy that tribal laws should reflect tribal values."
Violence Against Native Women: A Guide for Practitioner Action (PDF)
"This paper is intended to serve as a guide to practitioners who represent Native women who are the victims of domestic and sexual violence. It is dedicated to the brave Native women whose faces are behind the horrifying statistics."