Council of the Cherokee Nation - File #: 18-027

• File #: 18-027
• Version: 2
• Name: AN AMENDMENT TO THE CIVIL PROTECTIVE ORDER ACT
• Type: Legislative Act
• Status: Passed
• File created: 3/15/2018
• In control: TRIBAL COUNCIL
• On agenda: 3/29/2018
• Final action: 5/17/2018
• Enactment date: 5/14/2018
• Enactment #: LA-13-18
• Title: AN ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED
• Sponsors: Joe Byrd, Buel Anglen, Keith Austin, Harley Buzzard, Shawn Crittenden, Mike Dobbins, Frankie Hargis , Rex Jordan, Dick Lay, Mike Shambaugh, Mary Baker Shaw, E. O. "JR." Smith, Janees Taylor, Victoria Vazquez, David Walkingstick, Bryan Warner
• Indexes: CIVIL PROCEDURE , Protective Orders
• Code sections: Title 12 - Civil Procedure
• Related files: LA-33-05, CNCA-12

Date	Ver.	Action By	Action	Result
5/17/2018	2	OFFICE OF THE CHIEF	Signed
5/14/2018	2	TRIBAL COUNCIL	Approved	Pass
4/26/2018	2	RULES COMMITTEE	Approved and Forwarded to Council	Pass
3/29/2018	1	RULES COMMITTEE	Tabled	Pass

Title
AN ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as an Amendment to the Civil Protective Order Act and codified in Title 12 § 503 of the Cherokee Nation Code Annotated.

Section 2. Purpose
Congress has clarified with the reauthorization of the Violence Against Women Act (VAWA) of 2013, that tribal courts have full jurisdiction over all parties to a protective order if the protection order arose in Indian Country or if the order was issued within the authority of the Indian tribe per 18 U.S.C. 2265(e). This act expands the civil jurisdiction over civil protective orders to include non-Indians who have protective orders issued against them by an citizen of a federally recognized tribe.

Section 3. Legislative History

12 CNCA §503
LA 33-05

Section 4. Definitions

For purposes of this Title:

Section 5.

Title 12 § 503, shall be amended as follows:

§ 503. Jurisdiction for civil protective orders

A. Exclusive jurisdiction. The Cherokee Nation District Court shall exercise exclusive jurisdiction:

1. Upon any restricted individual Indian allotment within Cherokee Nation Tribal Jurisdiction Service Area.

2. Under any other established theory of exclusive jurisdiction.

B. Concurrent jurisdiction. The Cherokee Nation District Court may exercise concurrent jurisdiction:

1. When the respondent is a citizen or member of a federally-recognized tribe and is domiciled or found within the exterior reservation boundaries of the original patent to Cherokee Nation; and

2. Over Indian Country within the exterior boundaries of Cherokee Nation Tribal Jurisdiction Service Area.

3. When any act of domestic violence occurs either:

a. upon lands owned by Cherokee Nation,
b. upon lands within a dependent Indian community or developed by the Housing Authority of Cherokee Nation,
c. upon lands within th...