Domestic Violence Series | Tribal Law and Policy Institute

Domestic Violence Courts/Dockets Publications

TLPI is pleased to offer the following publications on domestic violence courts and domestic violence dockets. Series.

On March 15, 2022, President Biden signed the Violence Against Women Act Reauthorization bill (VAWA 2022) as a part of the Omnibus funding bill (H.R. 2471). VAWA 2022 includes significant amendments to 25 U.S.C. 1304. This webpage was developed prior to passage of VAWA 2022 and has not yet been updated to reflect the most recent changes. The tribal provisions of VAWA 2022 are included in Title VIII of Division W of the overall bill. Please be sure to review the amendments to the law before relying on this webpage for guidance.

Tribal DV Court Fact Sheet - 10-23-2024_001.png

Tribal Domestic Violence Courts Fact Sheet

This fact sheet 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 can benefit a tribe exercising the Violence Against Women Reauthorization Act of 2013 regarding special domestic violence criminal jurisdiction over non-Indians. (2024 update)

Note: This resource has been updated to reflect the changes VAWA 2022 made to the scope of tribal jurisdiction including recognition of inherent tribal criminal jurisdiction over non-Indians who are charged with committing nine “covered crimes” – both the three initial covered crimes in VAWA 2013 (domestic violence, dating violence, and protection order violations) and six additional covered crimes (sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assaults against tribal justice personnel). For more information concerning VAWA 2022 please visit the VAWA 2022 webpage on the Tribal Court Clearinghouse www.TLPI.org.

Tribal DV Docket Fact Sheet - 10-23-2024_001.png

Tribal Domestic Violence Dockets Fact Sheet

This fact sheet 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 of 2013 – Special Domestic Violence Criminal Jurisdiction over non-Indians. (2024 update)

Note: This resource has been updated to reflect the changes VAWA 2022 made to the scope of tribal jurisdiction including recognition of inherent tribal criminal jurisdiction over non-Indians who are charged with committing nine “covered crimes” – both the three initial covered crimes in VAWA 2013 (domestic violence, dating violence, and protection order violations) and six additional covered crimes (sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assaults against tribal justice personnel). For more information concerning VAWA 2022 please visit the VAWA 2022 webpage on the Tribal Court Clearinghouse www.TLPI.org.

Tribal Domestic Violence Courts/Dockets:

Guide for Development of a Tribal Victim-Centered Specialized Court or Docket to More Effectively Address Domestic Violence Cases

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.

This publication has not yet been updated to reflect the changes VAWA 2022 made to the scope of tribal jurisdiction including recognition of inherent tribal criminal jurisdiction over non-Indians who are charged with committing nine “covered crimes” – both the three initial covered crimes in VAWA 2013 (domestic violence, dating violence, and protection order violations) and six additional covered crimes (sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assaults against tribal justice personnel). For more information concerning VAWA 2022 please visit the VAWA 2022 webpage on the Tribal Court Clearinghouse www.TLPI.org.