National Indian Country Clearinghouse on Sexual Assault

CONTEMPT OF COURT

advocacy

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:

 

    • conf1 “stay away” from the victim

     

    • conf1 “stay away” from places that the victim frequents (school, work, church, etc.)

     

    • conf1 Not contact the victim through third parties
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      • conf1 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.)

       

      • conf1 Not possess firearms or ammunition or other weapons or reside in a home where they are present
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    • conf1 Not possess or consume drugs or alcohol or reside in a home where they are present
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    • conf1 Attend batterer reeducation courses
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    conf1 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.

 

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2013

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy