We often hear about the horrendous statistics regarding violence against Native Women – particularly perpetrated by non-Native men. And while that is unfortunately true, what you may have not heard is that violence affects men and women equally across Tribal Communities – just in different ways. According to the National Institute of Justice in 2023,
1. Most American Indian and Alaska Native adults are victims of violence.
More than four in five American Indian and Alaska Native adults (83 percent) have experienced some form of violence in their lifetime. That’s almost 3 million people who have experienced psychological aggression or physical violence by intimate partners, stalking, or sexual violence.
2. Men and women are victimized at similar rates but in different ways.
American Indian and Alaska Native women and men have been victimized at similar rates (84.3 percent for women and 81.6 percent for men). They have experienced similar levels of psychological aggression and physical violence by intimate partners. But women have experienced significantly higher levels of sexual violence (56.1 percent versus 27.5 percent for men) and stalking (48.8 percent versus 18.6 percent for men).
3. Victimization rates are higher for American Indians and Alaska Natives.
The lifetime victimization rate is 1.2 times as high for American Indian and Alaska Native women as for White women; for men, it is 1.3 times as high.
Did you know any person, no matter their sexual orientation, may petition for a domestic abuse restraining order in the Lac Courte Oreilles Tribal Court so long as they reside on the Lac Courte Oreilles Reservation and either the Petitioner, Respondent, or both are members of the Lac Courte Oreilles Band? See DMR.2.17.020(a).
What do we mean when we say Domestic Abuse? The Lac Courte Oreilles Tribal Code of Law defines it as:
any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common:
(1) Intentional infliction of physical pain, physical injury or illness.
(2) Intentional impairment of physical condition.
(3) A violation of the sexual assault prohibitions contained in sec. 940.225(1), (2) or (3), Wisconsin Statutes.
(4) A threat to engage in the conduct under subd. 1, 2 or 3.
DMR.2.17.010(a). Visit Subchapter DMR.2.17 Domestic Abuse Restraining Orders and Injunctions to learn more information on how to file for a domestic abuse restraining order in the LCO Tribal Court and find the Court’s standard petition on their website here.
For those who may live on the Reservation/Trust lands of another Tribe, consider contacting that Tribe’s Tribal Court to request copies of pertinent laws, court rules, and court forms needed to determine if you have standing (are eligible) to file for a restraining order there. For Wisconsin Tribal Courts, you can find basic contact information on the Wisconsin Tribal Judges Association website here. Most Tribal Courts across the country have webpages on their Tribe’s websites or their own websites that you should be able to find with a basic internet search.
Additionally, for those who reside somewhere else in Wisconsin, on September 1, 2026, the Wisconsin Court system rolled out its statewide restraining order portal to all 72 counties across Wisconsin. People in all 72 Wisconsin counties can now use the portal to complete temporary restraining order petitions without first visiting a courthouse to obtain the necessary forms. The online portal can be accessed easily at this link. The portal is currently available for domestic abuse and harassment temporary restraining order petitions. Child abuse and individual-at-risk petitions are not available through the portal and must continue to be filed on paper or through the traditional circuit court eFiling process.
If you live in another State, you can research online to see if they have a similar restraining order portal like Wisconsin, or for information regarding your local clerk of court to see what is required to file there.
Please, be safe when doing research online. Consider using a friend’s device, public library computer, or deleting browsing history if you believe such research may place you at increased risk for domestic violence.
Full links from above and some other resources you may find useful are:
https://law.lco-nsn.gov/us/nsn/lco/council/code/DMR.2.17
http://www.wtja.org/wisconsin-tribal-courts.php
https://abuseintervention.org/wp-content/uploads/2021/11/Differences-Between-Domestic-Abuse-and-Harassment.pdf (WI law specific)
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By Nicole Homer
