In order to better understand how VAWA has changed with regards to tribal nations, below are a few facts regarding the inclusion of American Indian women and Tribal Nations: “Provides additional tools for protecting women in Indian country by creating a new federal habitual offender crime and authorizing warrantless arrest authority for federal law enforcement officers who determine there is probable cause when responding to domestic violence cases.”Get the Story:“Provides a limited jurisdictional fix to address a narrow set of egregious crimes committed in Indian country: domestic violence, dating violence, and violations of protection orders. It does not extend to other crimes or to crimes committed beyond reservation boundaries.”
“VAWA is limited to only crimes of domestic violence or dating violence committed in Indian country where the defendant is a spouse or established intimate partner of a tribal member. It does not permit tribal prosecutions unless the defendant has “sufficient ties to the Indian tribe,” meaning he/she must either reside in the Indian country of the prosecuting tribe, be employed in the Indian country of the prosecuting tribe, or be the spouse or intimate partner of a member of the prosecuting tribe.”
Emily Proctor: How Violence Again Women Act impacts tribal nations in Michigan (Michigan State University Extension 4/9)
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