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AG Nessel Issues Law Enforcement Guidance Letter Concerning Tribal PPOs

LANSING – This week, Michigan Attorney General Dana Nessel issued a letter to law enforcement agencies (PDF) across the State concerning enforcement of Personal Protection Orders (PPOs), and specifically PPOs issued by tribal courts. The letter provides guidance to state and local law enforcement agencies regarding their enforcement authority, including specific duties and obligations, concerning PPOs generally, and those authorized by other jurisdictions including tribal courts.

In 2024, Attorney General Nessel formed the Missing or Murdered Indigenous People (MMIP) Task Force to address the high rates of violence against Indigenous people in the State of Michigan. This interagency collaboration brings together tribal, federal, state, and local prosecutors, law enforcement officers, victim advocates, and human services specialists to identify, develop, and implement solutions to the MMIP crisis. During the course of prosecutors’ work on the MMIP Task Force and around the State, with tribal representatives and law enforcement partners, it became apparent that questions persisted about law enforcement’s ability to enforce PPOs issued by tribal courts. The guidance letter issued by Attorney General Nessel addresses those questions for law enforcement officers and agencies.

“A personal protection order may be a person’s only surety of their safety,” said Attorney General Nessel. “We want to ensure our law enforcement officers are prepared and informed on handling all valid PPOs, and for Michigan residents everywhere to know their protective orders can be faithfully upheld by public safety officers in any jurisdiction. With this letter and guidance to agencies across the State, we hope to raise awareness of the various venues that can grant and enforce PPOs and assure full enforcement of orders issued by our state courts as well as the tribal courts.”

Michigan residents are able to petition the family division of a circuit court for any of the three available types of PPOs: a Domestic Relationship PPO, a Nondomestic Stalking PPO, or a Nondomestic Sexual Assault PPO. A PPO is effective and immediately enforceable anywhere in the State after being signed by a judge. Law enforcement can enforce each type of PPO as well as foreign PPOs. A foreign protection order is one ordered by a court of another state, Indian tribe, or United States territory; this section of law does not include an order issued in another country.

There are currently 12 federally recognized Indian tribes in Michigan and each has a court. Tribal courts may issue and enforce protective orders against any person— whether Indian or non-Indian, a tribal member or non-member— in matters arising in the Indian country of Indian tribes. Further, a tribe does not need to be located in Michigan for PPOs issued by its tribal court to be enforced. A valid foreign PPO, such as those issued by tribal courts, are subject to the same enforcement procedures and penalties as if they were issued by a state court. A respondent violating a foreign PPO may be charged criminally and prosecuted by either the state or federal courts.

Studies indicate (PDF) that a significant majority, nearly 85 percent, of Indigenous women experience violence in their lifetime. The MMIP Task Force focuses on improving the investigation and prosecution of MMIP cases, bridging gaps in the law enforcement systems, and identifying best practices. By examining the factors that contribute to the vulnerability of Indigenous individuals, particularly women, children, and two-spirit people, the Task Force aims to develop a holistic, victim-centered, and culturally honoring approach to prevention, response, and support.

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