Family Violence

Family Violence

Resources relating to cases of domestic violence, dating violence, sexual assault, trafficking, elder abuse, and stalking and Native American communities.

Featured Resources

Trafficking of Native American People: What the State Justice System Needs to know
Listen 35:15 (Transcript) (Further Resources)

Although Native Americans make up only roughly 2% of the U.S. population, based on FBI statistics from 2020, the National Criminal Justice Training Center recently concluded that 40% of victims of sex trafficking are identified as American Indian or Alaska Native. This podcast examines this crisis through the stories of two Native American women who were victims of sex trafficking who have since become advocates for AI/AN victims. They discuss their own experiences with the justice system and explain what judges, law enforcement and others can do to better serve AI/AN victims they encounter.

(This project was supported by Subgrant No. CW 20 19 1535 awarded by the state administering office for the STOP Formula Grant Program. 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 state or U.S. Department of Justice, Office on Violence Against Women.)
 

State/Tribal Joint Jurisdictional Courts to Improve Outcomes in Domestic Violence and Criminal Cases
(Live Webinar recorded December 14, 2021)  Listen: 1:28:43 (Transcript) (Further Resources) (Policies, Procedures, and Tips)

Faculty: Hon. Abby Abinanti, Chief Judge of the Yurok Tribal Court; Hon. Joyce D. Hinrichs, Presiding Judge, Superior Court of California, County of Humboldt; Hon. Victorio Shaw, Chief Judge Shingle Springs Tribal Court; Jenny Walter, Attorney, Hedger & Walter, LLP & the Tribal Law and Policy Institute.

Native Americans continue to be over-represented in the state and federal criminal justice systems and disproportionately subject to incarceration. Data from 2019 indicates that incarceration of Native Americans is up a shocking 85% since 2000. Tribal populations experience high rates of violence, domestic abuse, and substance abuse. State/Tribal Joint Jurisdictional Approach and Courts offer a promising best practice to improve outcomes in domestic violence and other criminal cases involving Native Americans.  In this webinar you will hear from Judges and other professionals working to expand joint jurisdiction courts. The webinar provides an overview of joint jurisdiction approach; discusses the legal basis for joint jurisdiction courts; discusses how to establish a joint jurisdiction court; examines some of the issues and challenges that may arise; and discusses efforts in Humboldt and El Dorado Counties to expand the work of joint jurisdiction approach into areas of domestic violence and criminal law.
 

Native Foster Youth and the Nexus with Sexual Abuse and Exploitation (Podcast)
Listen: 37:24 (Transcript) (Further Resources)

This podcast explores the issue of sexual abuse and exploitation of Indigenous foster youth, including how disconnection from culture and extended family increases the risks of sexual abuse and exploitation for this population, and looks at programs and interventions that can help prevent family separation at the outset and heal Native foster youth who have already experienced trauma.
 

Murdered and Missing Indigenous People: What the State Court System Needs to Know (Podcast)
Listen: 31:07  (Transcript)

The United States, including California, is experiencing an epidemic of Murdered and Missing Indigenous People (MMIP) – part of the plague of violence affecting indigenous communities. For many years the problem has been obscured by the fact that limited data is available in law enforcement and justice system databases to identify and track the tribal identity and affiliation of victims. In this episode you will hear from Judge Abby Abinanti, Chief Judge of the Yurok Tribal Court, Chief Greg O’Rourke, Chief of the Yurok Tribal Police, and Humboldt County Sheriff William Honsal about the nature and extent of this issue and how and why state courts and police should be identifying indigenous victims and collaborating with tribes to address these issues.

(This project was supported by Subgrant No. CW 20 19 1535 awarded by the state administering office for the STOP Formula Grant Program. 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 state or U.S. Department of Justice, Office on Violence Against Women.)

Assisting Domestic Violence Victims in Tribal Courts
This three-part webinar series is for attorneys who may not have experience in tribal communities or tribal courts who want to assist victims of domestic violence seeking protection through tribal court domestic violence protection orders.
(This project was supported by Subgrant No. CW 20 19 1535 awarded by the state administering office for the STOP Formula Grant Program. 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 state or U.S. Department of Justice, Office on Violence Against Women.)

The first webinar in the series, Nature of the Problem of Domestic Violence in Tribal Communities in California is presented by Bonnie Clairmont, Victim Advocacy Specialist at the Tribal Law and Policy Institute (TLPI). This webinar outlines the nature and scope of the problem of domestic violence, sexual assault, stalking, and trafficking in tribal communities, and the challenges in prosecuting crimes that occur on tribal lands in California due to jurisdictional issues. [Transcript & PowerPoint]

The second webinar in the series, General Orientation to Tribal Courts in California is presented by Dorothy Alther, Executive Director at California Indian Legal Services (CILS). This webinar builds on the first webinar giving an overview of tribal sovereignty, jurisdiction on tribal lands in California, and Public Law 280. This webinar also provides an overview of tribal courts in California including jurisdiction; how they operate; and practices and procedures for attorneys appearing in tribal courts. [Transcript & PowerPoint]

The third and final webinar in the series, Full Faith & Credit and Enforcement of Tribal Court Protective Orders is presented by Kelly Stoner, Victim Advocacy Legal Specialist at the Tribal Law and Policy Institute (TLPI). This webinar discusses issues of enforcement; legal requirements for full faith and credit of tribal protection orders under federal law; and steps that should be taken to ensure that victims are most effectively protected when a tribal court issues a protection order in California.[Transcript & PowerPoint]

A Journey to Healing: How One Tribe Incorporates a Traditional Approach to Address Domestic Violence
Listen · 37:15 (Transcript)

Before you listen: Please be aware that this episode includes first-person accounts of domestic violence. The people sharing them agreed to do so in hopes that others might benefit from what they’ve learned.

Native American women — and men — are more likely than white counterparts to experience intimate partner violence. That violence is often grounded in trauma that impacts whole communities. For indigenous people, it can be traced back to colonization as well as to racism and oppression that persists today. In this episode, you’ll hear members of California’s Yurok Tribe talk about the impact of domestic violence, and how the tribal court worked to put in place a culturally-relevant, and more effective, path to healing.

In this episode, you will hear from:

• “Mark” and “Lydia” who share their personal experiences
• The Honorable Abbi Abinanti, Elder and Chief Judge of the Yurok Tribe
• Lori Nesbitt, Facilitator of the Yurok Batterers Intervention Program/Yurok Tribal Court Opioid Program Manager
• Lee Romney, producer of this episode, as narrator

(This project was supported by Subgrant No. CW 20 19 1535 awarded by the state administering office for the STOP Formula Grant Program. 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 state or U.S. Department of Justice, Office on Violence Against Women.)

StrongHearts Native Helpline (1-844-7NATIVE), a national, confidential and safe helpline for Native Americans facing domestic violence and dating violence.

Information Bulletin on Enforcement of Tribal Court Protection Orders: This bulletin, issued by the California Office of the Attorney General, is the culmination of work on the part of the California Tribal Court-State Court Forum, in partnership with the California Department of Justice (DOJ), the California State Sheriffs’ Association, the U.S. Attorney General’s Office, and other justice partners.

Enforcement of Tribal Protection Orders in California Video

This video explains the obligations of law enforcement officers in California under both federal and state law to recognize and enforce tribal court domestic violence restraining orders. These orders do not need to be registered with the state court or locatable in law enforcement data bases. If the orders are valid on their face they must be enforced.