Tribal Domestic Violence Courts and Tribal Domestic Violence Dockets
Tribal Domestic Violence COURTS are specialized courts with targeted caseloads consisting of domestic violence cases. Tribal domestic violence courts are comprised of personnel who are well trained in the dynamics of domestic violence and committed to working collaboratively among various victim service providers/systems to meet the needs of the family. Additionally, these courts focus on victim safety and batterer accountability by closely monitoring batterer compliance with court orders.
Tribal Domestic Violence COURT Fact Sheet (2017) discusses various tribal domestic violence court models; benefits of establishing a tribal domestic violence court; why a tribal community should consider establishing a tribal domestic violence court and how a tribal domestic violence court could benefit a tribe exercising the Violence Against Women Reauthorization Act (VAWA) 2013 regarding Special Domestic Violence Criminal Jurisdiction (SDVCJ) over non-Indians.
Possible Benefits of a Tribal Domestic Violence COURT
- The judge is trained in the dynamics of domestic violence and the complex criminal and/or civil jurisdictional laws in Indian country.
- Non-rotating personnel who are well trained in the dynamics of domestic violence and working collaboratively to meet the needs of the family.
- Victim safety through the use of a tribal victim advocate, courtroom safety protocols and utilizing the important role of communication with other courts.
- Batterer accountability by ensuring ongoing monitoring of compliance.
- Multi-disciplinary linkage to service providers to address the needs of family members in a manner appropriate for each tribal community
Tribal Domestic Violence COURT Fact Sheet (2017) has information concerning the benefits of establishing a tribal domestic violence court and why a tribal community should consider establishing a tribal domestic violence court.
Tribal Domestic Violence DOCKETS are characterized by setting aside specific days of the tribal court's docket to address cases involving domestic violence. Devoting certain days of the docket to domestic violence cases can provide continuity for the victim and allow the tribal court to address related civil and criminal matters on the same day. It can also allow the court to offer enhanced security, advocacy services, and child care for domestic violence victims.
Tribal Domestic Violence DOCKETS Fact Sheet (2017) discusses positive outcomes from having domestic violence cases on a specific docket/day; why tribal domestic violence dockets are needed; benefits of establishing a tribal domestic violence docket; why a tribal community should consider establishing a tribal domestic violence docket and how a tribal domestic violence docket can benefit a tribe exercising the Violence Against Women Reauthorization Act (VAWA) 2013 regarding Special Domestic Violence Criminal Jurisdiction (SDVCJ) over non-Indians.
Possible Benefits of a Tribal Domestic Violence DOCKET
- Addresses related civil and criminal matters on the same day, which provides some continuity to the victim and allows the judge to observe and address perpetrator behavior and compliance in all related cases.
- Allows the court to require other victim service providers to attend the docket.
- Addresses victim safety issues by implementing additional security measures such as protocols, that focus on victim safety and courtroom safety measures for all personnel.
- Victim and child safety.
- Offender accountability.
See Tribal Domestic Violence DOCKETS Fact Sheet (2107) for more information concerning the benefits of establishing a tribal domestic violence docket and why a tribal community should consider establishing a tribal domestic violence docket.
Training and Technical Assistance on Tribal Domestic Violence Courts and Dockets
The Tribal Law and Policy Institute (TLPI) provides training and technical assistance to enhance the capacity of tribal communities to establish dedicated tribal domestic dockets or courts, under a grant from the Office on Violence Against Women. Our goals are to: provide training and technical assistance to assist the development of tribal domestic violence courts or dockets; create a resource that will serve as a step-by-step resource guide for tribes and will provide options for developing/implementing tribal domestic violence courts/dockets to meet the needs of the tribal community; hold webinars and develop resources that will promote the implementation of tribal domestic violence courts or dockets. Please contact Chia Halpern Beetso at chia@tlpi.org or (323) 793-5748.
TLPI’s project partners are:
Domestic Violence Courts/Dockets Resources – Tribal Specific Resources
TLPI is offering free webinar workshops for tribes interested in developing a tribal domestic violence court or docket. The webinar workshops will guide Native nations through discussions to determine whether a tribal domestic violence court or docket would be the best fit for a tribal community. The workshops will also touch on other important issues for consideration including protocol and policy development, benefits, barriers and sustainability.
You can join these webinar workshops either individually or as part of a tribal multidisciplinary team. Individuals and tribal multidisciplinary team are welcome to participate in each of the webinar workshops and online discussions.
Tribal multidisciplinary teams interested in receiving more in-depth technical assistance should email Chia@TLPI.org before registering. Note those team members who cannot attend live can watch an archived recording or review the PowerPoint slides with audio (found below), but someone from the team must attend each of the live webinar workshops.
The webinar workshops will be on the following dates at 11:00 am - 12:30 pm Alaska/12:00 pm - 1:30 pm Pacific/1:00 pm - 2:30 pm Mountain/2:00 pm - 3:30 pm Central/3:00 pm - 4:30 pm Eastern:
• Thursday, August 8th
• Thursday, August 29th
• Thursday, September 19th
You can Register Now.
The PowerPoint slides with audio can be found here:
August 8th – Tribal Domestic Violence Courts and Dockets: Foundational Elements of Domestic Violence.
The Tribal Law and Policy Institute is pleased to announce a new publication “Tribal Domestic Violence Courts and Tribal Domestic Violence Dockets - Guide for Development of a Tribal Victim-Centered Specialized Court or Docket to More Effectively Address Domestic Violence Cases.” Tribal Domestic Violence Courts are specialized courts comprised of judges, court staff and a multi-disciplinary core case team highly trained in the power and control dynamics of domestic violence and focused on victim safety and batterer accountability. Domestic Violence Dockets are specialized docket days with judges and court personnel trained in dynamics of domestic violence and enhanced security measures. This unique resource was drafted to guide Native nations through a series of exercises resulting in a tribal domestic violence court or docket specifically designed by the tribe to address the domestic violence issues in a particular tribal community.
“Combatting Domestic Violence in Indian Country: Are Specialized Domestic Violence Courts part of the Solution?” Kathryn Ford, Center for Court Innovation (2015). Domestic violence is one of the most pressing problems facing Native American and Alaska Native communities. Although the reauthorized Violence Against Women Act recognizes the authority of tribes to prosecute non-Native offenders, more tools are needed. This paper explores whether specialized domestic violence courts, which focus on enhancing victim safety and promoting offender accountability, can be part of a multi-faceted approach for tribal justice systems to address domestic violence.
CTAS Funding and Domestic Violence Courts for Special Domestic Violence Criminal Jurisdiction Webinar Recording - The Tribal Law and Policy Institute, National Congress American Indians, and National Council of Juvenile and Family Court Judges hosted a webinar on February 6, 2015 for tribes considering exercising the Special Domestic Violence Criminal Jurisdiction under VAWA 2013. One way to meet the equal protection requirements under VAWA 2013 is to establish a Domestic Violence Court/Docket. Under the Fiscal Year 2015 CTAS RFP purpose area #5 tribes (who did not currently have a CTAS grant from OVW) could apply for funding to support a Domestic Violence Court/Docket.
Tribal Domestic Violence Courts and Dockets: Foundational Elements of Domestic Violence - Tribal domestic violence courts are specialized courts with targeted caseloads consisting of domestic violence cases. Tribal domestic violence courts are comprised of personnel who are well trained in the dynamics of domestic violence and committed to working collaboratively among various victim service providers/systems to meet the needs of the family. Additionally, these courts focus on victim safety and batterer accountability by closely monitoring batterer compliance with court orders.
Tribal domestic violence docket days are characterized by setting aside specific days of the tribal court's docket to address cases involving domestic violence. Devoting certain days of the docket to domestic violence cases may allow continuity for the victim, and allows the tribal court to address related civil and criminal matters on the same day. It also allows the court to offer enhanced security, advocacy services, and child care for domestic violence victims.
Research demonstrates that both domestic violence courts and domestic violence dockets can increase victim safety, reduce recidivism, and improve offender compliance with post-conviction supervision requirements.
Tribal Domestic Violence Courts and dockets are vital in exercising tribal sovereign judicial authority in a manner that focuses on victim safety, batterer accountability and healthy families utilizing tribal customs/traditions focusing on health tribal communities. Cases involving domestic violence are among the most complex and dangerous cases that courts may address. Domestic violence cases task judges, court personnel and all related service providers with handling the complicated dynamics of abuse. This webinar will address: core issues of domestic violence; key issues underlying domestic violence in tribal communities; and issues regarding legal representation in tribal court.
Domestic Violence Courts/Dockets Resources – General Resources
Creating A Domestic Violence Court: Guidelines and Best Practices Emily Sack, JD (2002) Family Violence Prevention Fund. These Guidelines are designed to assist jurisdictions considering whether to develop a domestic violence court or dedicated docket, to determine if such a court structure would be helpful, and if so, how best to model this structure to address the needs of their local communities. The Guidelines represent the views of a National Advisory Committee comprised of leading representatives from the various disciplines involved in the processing of domestic violence cases throughout the system.
Key Principles of Domestic Violence Court: Accountability This brief August 7, 2005 update from the Center for Court Innovation provides a short overview of key principles of domestic violence courts with regard to accountability.
A National Portrait of Domestic Violence Courts Melissa Labriola, Sarah Bradley, Chris O’Sullivan, Michael Rempel and Samantha Moore (2009). With funding from the National Institute of Justice, this study explores how criminal domestic violence courts have evolved, their rationale, and how their operations vary across the U.S. This study does not test whether domestic violence courts reduce recidivism, protect victims, or achieve other specific effects – although we provide a thorough literature review on these points. Rather, our aim is to present a comprehensive national portrait of the field as it exists today, laying the groundwork for future information exchange and research.
The U.S. Department of Justice, Office of Justice Programs, National Institute of Justice hosts a webpage devoted to domestic violence courts. Domestic violence cases involving spouses and other intimate partners often entail complex processes that require careful consideration by the criminal justice system. In the 1990s, many jurisdictions began to create specialized domestic violence courts for judges to ensure follow-through on cases, aid domestic violence victims, and hold offenders accountable, with the assistance of justice and social service agencies. By specializing in domestic violence offenses, these courts aim to process cases more efficiently and deliver more consistent rulings about domestic violence statutes. Some domestic violence courts also incorporate a stronger focus on rehabilitation of offenders and deterrence of repeat offenses. Learn more about:
Domestic Violence Docket: Process and Recidivism Report State of Maine Judicial Branch, (2015). This study of domestic violence dockets was conducted by Hornby Zeller Associates, Inc., with data collection occurring in 2014 and report writing in 2015 under contract to the State of Maine Judicial Branch. It includes a review of the literature on the effectiveness of domestic violence dockets, Batterer Intervention Programs, and the presence of national standards to guide the conduct of domestic violence dockets; an assessment of current practices within Maine’s seven active dockets; and an analysis of recidivism among those adjudicated in the past in Maine.
Procedural Fairness, Swift and Certain Sanctions: Integrating the Domestic Violence Docket National Center for State Courts (2013). What might happen if a court system integrated into one docket, before one judge, related criminal, family, and protective order cases of domestic violence; institutionalized principles of procedural fairness; consistently applied swift and certain sanctions for offenders; front-loaded needed rehabilitative services; and tried to do it on the cheap? The results are in. The Vermont Center for Justice Research (2011) evaluated just such an innovative, three-year (2007-10) integrated domestic violence docket (IDVD) court program in Bennington, Vermont. Their report demonstrated that the IDVD program substantially decreased criminal recidivism when measured against statewide data of similar offenders in the traditional justice system. A new process evaluation from the Vermont Center for Justice Research (2013) has identified the critical components for the program’s success.
Note: Professor Sarah Deer, a noted American Indian expert on sexual assault, underscored that peacemaking in the context of rape may: make the victim feel coerced to participate in the traditional practice, may dismiss legitimate fears the victim has, may eclipse batterer accountability, may have no repercussions for recidivism and may have no fact-finding mechanism. For these reasons, using Peacemaking in the context of domestic violence may compromise victim safety especially in the context of American Indian/Alaska Native cultural settings. (The Beginning and End of Rape, Confronting Sexual Violence in Native America, Sarah Deer, Univ. of Minn. Press 2015 at pages 125-134.)
Related Resources
The Tribal Law and Policy Institute, the National Council of Juvenile and Family Court Judges and the National Congress of American Indians hosted a series of Three Webinars regarding tribal protection orders.
The National Indigenous Women's Resource Center (NIWRC) is a Native nonprofit organization that was created specifically to serve as the National Indian Resource Center (NIRC) Addressing Domestic Violence and Safety for Indian Women. Under this grant project and in compliance with statutory requirements, the NIWRC will seek to enhance the capacity of American Indian and Alaska Native (Native) tribes, Native Hawaiians, and Tribal and Native Hawaiian organizations to respond to domestic violence.
The National Indigenous Women's Resource Center (NIWRC) and The Hotline have launched the first, national crisis line dedicated to serving tribal communities affected by violence across the U.S., called the StrongHearts Native Helpline. All services available through the helpline are confidential and available by dialing 1-844-7NATIVE (1-844-762-8483) Monday through Friday, from 9 a.m. to 5:30 p.m. CST. Callers after hours will have the option to connect with the National Domestic Violence Hotline or to call back the next business day.
American Bar Association Commission on Domestic and Sexual Violence mission is to increase access to justice for victims of domestic violence, sexual assault and stalking by mobilizing the legal profession.(image will be hyperlinked to the website)
Tribal Law and Policy Institute (TLPI) Publications
The Tribal Law and Policy Institute is pleased to offer the following publications addressing law and policy issues closely related to violence against Native women. These are only a few of the publications available, please visit our homepage for more publications.
- Guide for Drafting or Revising Tribal Laws Against Domestic Violence includes examples from a variety of tribal codes designed to offer suggestions on how tribal laws can be drafted in a way that provides safety and support for the survivors of domestic violence.
- Implementing TLOA and VAWA resource provides guidance for Native nations interested in implementing enhanced sentencing under the Tribal Law and Order Act and/or the special domestic violence criminal jurisdiction under the 2013 Violence Against Women Act.
- Tribal Domestic Violence Case Law was developed to help tribal court officials learn about other Nation nations’ approach to certain legal issues in domestic violence cases.
Most sexual assaults are perpetrated by someone known by the victim, often referred to as acquaintance rape. A portion of those acquaintance assaults are committed by intimate partners, dating partners, and sometimes spouses. These instances of sexual assault/domestic violence are discussed in a TLPI developed resource:
Guide for Drafting or Revising Victim-Centered Tribal Laws Against Sexual Assault and Stalking is designed to assist Native nations interested in developing or revising victim-centered laws on sexual assault and stalking. This resource includes sample language and exercise questions designed to guide discussion on what laws will best reflect tribal values. Originally published in 2008, this resource was revised and updated to reflect innovations in tribal law and new federal requirements. (2017)
Tribal Law and Policy Institute (TLPI) Websites
Tribal Protection Order Resources is a website developed by TLPI is intended to serve as an online resource pertaining to drafting and enforcing tribal protection orders.
Tribal Sex Trafficking Resources provides comprehensive information on sex trafficking as it impacts Native people and Native nations; including, publication resources, victim service directories, and training calendars. Be sure to visit our blog, Sex Trafficking in Indian Country Update, which contains the latest media, news articles, and policy updates on sex trafficking in Indian Country.
The Tribal Law and Policy Institute homepage houses publications and links to the various TLPI websites including a Page Devoted to Domestic Violence Resources.
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