The following is a model Memorandum of Understanding (MOU) concerning full faith 

and credit of domestic violence or sexual assault protection or restraining orders. The 

language may be used as a starting point for tribal and county governments in reaching 

an agreement that protects the sovereignty of both governments, while facilitating the 

enforcement of protection/restraining orders and providing for the safety of survivors of 

physical and sexual abuse. The model MOU does not attempt to serve as a one-size-fitsall answer for every community. Tribal and county governments are encouraged to 

modify the language as necessary, in the development of a document that is workable in 

their communities. 

MEMORANDUM OF UNDERSTANDING 

BETWEEN THE COUNTY OF ____ 

AND THE ___ TRIBE 

CONCERNING FULL FAITH AND CREDIT 

OF PROTECTION ORDERS 

This Memorandum of Understanding (“MOU”) is entered into this ___ day of ___, 200_, 

between the County of _______, a political subdivision of the State of _____(“County”), 

and the _______ Tribe, a federally recognized Indian Tribe (“Tribe”), both hereinafter 

collectively referred to as "governments". 

This MOU represents good faith commitments, which are being made by each of the 

parties in a spirit of cooperation and are not intended as obligations that may be 

compelled by either party if both parties are not in full agreement. Rather, this MOU 

represents the belief that these commitments will be of mutual benefit to the parties. 

RECITALS 

WHEREAS, the Tribe and the County recognize that each is a governmental entity with 

responsibility for the health, safety, and general welfare of its people. 

WHEREAS, the Tribe and the County recognize that nearly 1/3 of American women 

report physical or sexual abuse by a husband or boyfriend at some point in their lives. 

WHEREAS, the Tribe and the County recognize that violence against Native women is 

higher than that of the general population of women, with 1 out of every 3 Indian women 

being raped in their lifetimes, and Indian women experiencing the violent crime of 

battering at a rate of 23.2 per 1,000, compared with 8 per 1,000 among Caucasian 

women. 

WHEREAS, the Tribe and the County recognize that the United States Congress enacted 

the Violence Against Women Act (VAWA), most recently amended and reauthorized in 

2005, which created penalties for gender-related violence and grant programs for states 

and Indian tribes to address violence against women. 

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WHEREAS, the Tribe and the County recognize that a key component of revisions in law 

in VAWA was the full faith and credit provision, which declares that all valid protection 

orders issued by a State, Indian tribe, or territory shall be accorded full faith and credit by 

the court of another State, Indian tribe, or territory, and enforced as if it were the order of 

the enforcing State, tribe, or territory. 

WHEREAS, the Tribe and the County recognize the important correlation between 

affording full faith and credit to valid foreign protection orders and the safety of survivors 

of domestic or sexual violence. 

WHEREAS, the Tribe and the County wish to set forth in this MOU the understandings 

under which the governments shall follow in processing and enforcing valid foreign 

protection orders in their jurisdictions. 

NOW THEREFORE, the Tribe and the County agree to proceed as follows: 

I. AREAS OF INTEREST 

Lands subject to this MOU include those lands within the boundaries of the Tribe’s 

reservation and those lands within the boundaries of _________County. 

II. TRIBAL ENFORCEMENT OF _____ COUNTY PROTECTION ORDERS 

Whenever any law enforcement officer of the ______ Tribe is presented with an order, 

either ex parte or permanent, civil or criminal, or verifies the existence of such an order 

with the court or law enforcement of the issuing jurisdiction, which restrains any person 

from harassing, annoying, stalking, contacting or coming within a certain proximity to 

another person, that was issued by ____ County Court, that officer and court shall enforce 

such order and all provisions of such order, including the award of custody and property 

in such protection order, as if it were issued by the _____ Tribal Court. 

III. COUNTY ENFORCEMENT OF _____ TRIBAL PROTECTION ORDERS 

Whenever any law enforcement officer of the ______ County is presented with an order, 

either ex parte or permanent, civil or criminal, or verifies the existence of such an order 

with the court or law enforcement of the issuing jurisdiction, which restrains any person 

from harassing, annoying, stalking, contacting or coming within a certain proximity to 

another person, that was issued by ____ Tribal Court, that officer and court shall enforce 

such order and all provisions of such order, including the award of custody and property 

in such protection order, as if it were issued by the _____ County Court. 

IV. ROLE OF LAW ENFORCEMENT IN ENFORCING FOREIGN PROTECTION 

ORDERS 

If a law enforcement officer of the ______ Tribe or the _______ County is presented with 

a protection order, either ex parte or permanent, or verifies the existence of such an order 

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with the court or law enforcement of the issuing jurisdiction or by the oral statements 

made by the protected person under said protection, the officer shall enforce such order 

as if it had been entered by the _____ Court. This shall include arresting a person 

violating such order without the necessity of a warrant, if the officer has probable cause 

to believe the person has violated the protection order, and taking all necessary steps to 

assure the protection of the protected person, including but not limited to the detention 

and extradition of the person who has violated the protection order. 

V. IMMUNITY FOR GOOD FAITH ENFORCEMENT OF FOREIGN PROTECTION 

ORDERS 

An officer or any other law enforcement official of the Tribe or County who acts in good 

faith in enforcing a foreign protection order and its terms shall be immune from suit for 

wrongful arrest or any other civil or criminal action. This immunity shall include a tribal 

officer who affects the arrest of a non-Indian for violation of a protection order. 

VI. ROLE OF TRIBAL OR COUNTY COURT IN ENFORCING FOREIGN 

PROTECTION ORDERS 

The Tribal or County Court shall enforce a protection order, either ex parte or permanent, 

civil or criminal, and all provisions of that protection order, including child custody and 

property awards, if all the following are satisfied: 

1) The respondent received notice of the order in compliance with requirements of 

the issuing jurisdiction; 

2) The order remains in effect in the issuing jurisdiction; 

3) The issuing court had jurisdiction over the parties and subject matter; 

4) The respondent was afforded reasonable notice and an opportunity to be heard 

prior to the issuance of a permanent protection order or in the case of an ex parte 

order, it appears from the face of the order that a hearing will be conducted within 

reasonable time to allow the respondent to raise any defenses he may have to the 

issuance of a permanent protection order. 

VII. SERVICE OF PROCESS 

If a protection order is issued by the _____ Tribal Court, but service must be affected by 

_____ County law enforcement, ______ County law enforcement shall serve the 

protection order free of charge, in the spirit of government-to-government cooperation 

and public policy. If a protection order is issued by the _____ County Court, but service 

must be affected by _____ Tribal law enforcement, ______ Tribal law enforcement shall 

serve the protection order free of charge, in the spirit of government-to-government 

cooperation and public policy. 

VIII. JURISDICTION 

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_____________________ 

__________________________ 

________________________ 

_____________________________ 

Nothing in this Agreement shall limit or waive the regulatory authority or jurisdiction of 

either party. Likewise, nothing in this agreement nor any decision made by the Tribe or 

the County, whether or not the decision is consistent with this MOU, shall give any third 

party any cause of action or claim. This MOU is not intended to provide any remedy not 

already provided by law. 

IN WITNESS WHEREOF, this MOU serves to document the voluntary cooperation and 

good faith efforts between the ___ Tribe and ____ County regarding the processing and 

enforcement of valid foreign protection orders by and between the parties. In full 

recognition of this understanding, the parties hereto have executed this MOU on the day 

and year of the last date of signature below: 

PASSED BY THE BOARD OF _______ COUNTY COMMISSIONERS 

this______day of______, 200__ 

______ County Board of Commissioners, _______County, _____[State] 

[Name], Chairperson 

[Name], Commissioner 

[Name], Commissioner 

Attest: __________________________________________ 

Clerk of the Board of County Commissioners 

Approved as to Form:____________________________________ 

[Name], County Attorney 

***********************************

PASSED BY THE ___ TRIBAL COUNCIL 

this______day of______, 200__ 

The ________ Tribe 

[Name], Chairperson 

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_____________________________ 

[Name], Secretary 

Approved as to Form: ________________________________________ 

[Name], Tribal Attorney 

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