A high-level Justice Department official recently pushed for tribal courts to have more power in prosecuting non-Indians in domestic violence cases that arise on tribal land, saying the lack of authority has meant many serious crimes have gone unprosecuted. Tribal leaders, police officers and prosecutors say something must be done to stop the cycle of violence.
Although tribal judges can now impose tougher sentences in such cases under a law passed last year, the courts still have no authority to prosecute domestic violence offenders who are not members of tribes. The inability to prosecute non-Indians often leads to tribal law officers mistakenly believing they can’t make an arrest when responding to a domestic abuse case involving non-Indians, which has some folks believing that many acts of domestic violence and dating violence are left unprosecuted and unpunished.
Pursuant to the Tribal Law and Order Act of 2010 (the “Law”), Congress has given tribal courts the power to levy sentences of up to three years in prison against American Indians for each domestic violence offense. Before the Law was passed, tribal courts could only sentence an abuser to a year in prison. But the tribal courts allegedly have little power when it comes to non-Indians, even when that abuser is married to a tribal member.
Among other things, proposed legislation would make clear that Congress intended to give tribal courts authority to issue and enforce protection orders for domestic violence victims, even if they involve non-Indians. It also would allow courts to impose sentences that gradually increase the punishments for repeat offenders who assault and injure a spouse, partner or date. The legislation would provide grants for assisting Native American women who are victims of domestic violence and fund research to gather more data on domestic and sexual violence against women.
Domestic violence allegations are extremely serious in Washington State. Anyone charged with domestic violence in Washington State should immediately seek the assistance of a seasoned Seattle domestic violence defense lawyer. The Seattle criminal attorneys that make up the criminal defense team of SQ Attorneys are highly qualified and reputable Seattle domestic violence defense lawyers that are dedicated to providing top notch, aggressive representation for those arrested for domestic violence in Western Washington. The team creates success by working with law enforcement and the prosecuting attorney’s office to ensure that all facts and circumstances related to the criminal allegations are considered in creating the fairest, most equitable and just resolution possible in light of all the surrounding circumstances.