Legal

Contempt of Court

An important civil power of tribal courts is the power to issue a protection order for the victim. 

A protection order is, essentially, a court order issued to prevent violence or threats of violence against a victim.

The most common provisions contained in protection orders include ordering a defendant to:

  • Attend alcohol, substance abuse, or mental health treatment
  • “Stay away” from the victim
  • “Stay away” from places that the victim frequents (school, work, church, etc.)
  • Not contact the victim through third parties
  • Not possess firearms or ammunition or other weapons or reside in a home where they are present
  • Pay restitution to the victim to compensate her for economic losses related to the violence (time off of work, medical expenses, mileage, child care, etc.)
  • Not possess or consume drugs or alcohol or reside in a home where they are present
  • Attend batterer reeducation courses
  • Violation of a protection order can result in arrest for any new crime committed (trespassing, assault, etc.), contempt of court, and arrest for the crime of violation of a protection order. Under federal law, a person can also be charged with the federal crime of Interstate Violation of a Protection order if the defendant intentionally crossed state or tribal land lines to commit the violation.

Violation of a protection order can result in arrest for any new crime committed (trespassing, assault, etc.), contempt of court, and arrest for the crime of violation of a protection order.  Under federal law, a person can also be charged with the federal crime of Interstate Violation of a Protection order if the defendant intentionally crossed state or tribal land lines to commit the violation.

Contact NICCSA

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Phone: (520) 623-8192
Fax: (520) 623-8246

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*National Tribal Trial College is a project of the Southwest Center for Law and Policy (www.swclap.org) This project was supported by Grant No. 2011-TA-AX-K045, awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.