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

4015 E. Paradise Falls Dr. Suite 131, Tucson, Arizona 85712

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

*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.