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:
- “stay away” from the victim
- “stay away” from places that the victim frequents (school, work, church, etc.)
- Not contact the victim through third parties
- 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 firearms or ammunition or other weapons or reside in a home where they are present
- Not possess or consume drugs or alcohol or reside in a home where they are present
- Attend batterer reeducation courses
Attend alcohol, substance abuse, or mental health treatment
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.