Unlike criminal courts (where tribal courts have only limited jurisdiction over some non-Indian domestic violence perpetrators), tribal courts have expansive civil jurisdiction over non-Indians.
Tribal courts can hear civil cases related to sexual violence provided the court has both “personal jurisdiction” over the parties and “subject matter jurisdiction” over the issue in question.
Minimum contacts with the tribe (e.g. committed an act of sexual violence on tribal lands, is present on tribal lands, is doing business on tribal lands, etc.) or
Who has consented to the jurisdiction of the court or
Who has waived any objections to the exercise of personal jurisdiction in the matter by voluntarily appearing before the tribal court or
Filed a motion, response, answer, or pleading in tribal court.
The conduct in question (sexual violence) occurred within the territorial jurisdiction of the tribal court and
(a) Is a member of or eligible for membership with that tribe or
(b) Is a member of another tribe or a is a non-Indian and
The defendant has entered into a consensual relationship with the Tribe or its members through commercial dealing, contracts, leases or “other arrangements” (e.g. is married to a tribal member, has a child in common with a tribal member, is employed by the tribe, etc.) or
The conduct (sexual violence) threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the Tribe.
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*NICCSA is a project of the Southwest Center for Law and Policy (www.swclap.org) This project is supported by Grant No. 2017-SA-AX-K001, 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.