“Domestic Violence Dynamics and

Tribal Court”Presented By

Pam Moore, DirectorInstitute for Native Justice

And Honorable Darrell Dowty,

Cherokee Nation Supreme Court

Understanding Domestic Violence

• It is a crime• It is not a fight but a pattern of coercive behavior designed to

gain control of another person• It is pervasive in communities; contributes to overall level of

tolerance for violence• Increases in frequency and severity• Alcohol and drug abuse may be factors but are not the cause• Is an extreme imbalance of power between partners• Is not always understood by professionals such as law

enforcement or social workers

Why doesn’t she just leave?

• Extreme fear, Knows it is dangerous—she could be killed

• Is afraid he will kill her or harm the children• No job, no money• Embarrassment, shame, humiliation• Believes the violence is her fault• Believes she has no choice• Religious beliefs• Does not want to leave her “stuff”

10 Things to Know1. Appearances are deceiving.2. There is no test to detect offenders.3. Domestic Violence offenders usually only want to hurt and

control her.4. Children are at risk for injury and future problems.5. Ordering a couple to counseling is dangerous.6. Victims pursuing justice are in a no-win situation.7. Domestic violence is not an argument.8. Battered women are not “disturbed”.9. Descriptions of Abuse are difficult to hear and believe.10. Offenders must be held accountable.

Culture, Respect, Security

• Security can Conflict with Culture and Tradition

• Can We Rely on Order through Respect?

• Intimidation/Threat subvert Justice

• What can Tribal Courts Do?

Culture, Respect, Security

• Physical– Waiting Room– Allow Support– Separation• Lectern• Permission• Courtroom Layout

Culture, Respect, Security

• Support Tribal Victim Services Programs

• Supportive Cultural Statements Supporting Legislation and Court Rules– Witness Intimidation Criminal Codes– Due Process/Confrontation

Our Website

Thank you for your time and attention!

The Institute for Native Justice 110 West Choctaw

Tahlequah, Oklahoma 74464918.456.5581

www.institutefornativejustice.com

This project was supported by Grant No. 2010-ET-S6-K007, awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this exhibition are those of the author and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.