Thunder Bird House

My name is Julienne Cross. I am a victim advocate at the Lac du Flambeau Domestic Abuse Program. My co-worker is Betty Wayman, together we work under the Tribal Victim Assistance Program (TVA). This letter is very important so please read it and understand that if you or someone you know could be eligible for these benefits please don’t hesitate to call us at (715) 588-7660 or toll free 1-800-236-7660 we will be happy to help you fill out applications or in any way we can.

If you or someone you know has been a victim of a crime such as, robbery, child abuse, adult or child sexual assault, incest, assault , rape, domestic violence, DUI/DWI, elder assault or abuse, survivors of homicide, or any other serious crime, you may be eligible for State Compensation through the Victims of Crime Compensation Program (VOCA).

The program allows the state to ease the financial losses of the victim of violent crime, and in some cases the victim’s family. In Wisconsin a police report must be filed within 5 days that the crime was committed. The victim or victim’s guardian if the victim is a child or vulnerable adult must file the claim within 1 year of the date of the filed police report.

Compensable crimes include an intentional, knowing or reckless act by a person resulting in serious bodily injury or death of another person that could be punishable as a crime. The victim must cooperate fully to apprehend and prosecute the assailant and cannot have been involved in a wrongful act or cannot have provoked the assailant.

Compensation for these crimes can vary, but victims may be compensated up to $20,000 for reasonable medical and/or counseling expenses such as mental health counseling, medically necessary devices, documented loss of support or earnings provided you have filed an earnings or income tax return if you are self employed, rehabilitation expenses, counseling for children of assaults or who have experienced domestic violence for up to 45 years, even counseling for a person or friend who first discovered a deceased body. Other compensation can include up to $2,000 for funeral expenses. VOCA will pay for the first sexual assault examination and up to $300.00 for the forensic removal of crime scene evidence such as bedding.

You can also call the following help lines:
National Organization of Victim Assistance at 1-800-879-6782
Crime Victim Compensation Program at 1-800-799-7233

Violence Against Women is not a Native tradition. It was not tolerated and in the rare event that it occurred, it was taken seriously. Abuse wasn’t considered a “private family matter.”

Within the natural system of life, tribal people lived together peacefully and violence within the family was rare. Though cultures and customs vary from Tribe to Tribe, the core belief systems of tribes are extremely similar because they are based on the natural and true understanding of reality. People received many teachings from the family and community that helped us to learn how to be good relatives to each other. Another method of teaching that was customary was story telling. For instance, a story of a certain mountain where incest occurred, the offender may have been banished from the band or even put to death. This mountain would represent a crime that would be told to the young and reminded to the membership of the Tribe continuously during the Tribes story telling time. This was called the law of land.

In many Tribes, the abuser could be banished, ostracized or retaliation was left to the male relatives of the victim. A man who was seen as violent within the family was not seen as capable of any leadership responsibilities. He had demonstrated that he did not possess the self-discipline, respect, caring or spiritual understanding to effectively lead the People.

The abuse of Native women and children can be traced to the colonization, introduction of alcohol into our culture and Christianity. (Paula Gunn Allen: “Violence and the American Indian Woman”). Many of our people learned about violence in boarding schools. Boarding school distorted our ability to act as parents, sons, daughters and as relatives. Our traditional parenting was nonviolent and nurtured the spirit of the child. This knowledge was replaced with experiences of corporal punishment that reflected the teachings of the church.

Denied our families our culture in boarding schools, we experienced and passed on to our children and grandchildren verbal, emotional, sexual and physical violence as acceptable means to control others when we didn’t get our way. Alcohol contributes to the violence, making it more unpredictable and severe.

The reservation era diminished the traditional male role of the protector and provider and the role value of women, the government assumed the role and consequently some Native men have experienced a loss of identity and women therefore lost their roles as partners in providing for the physical, mental and spiritual health of their families and relatives. Men and women had partnership and a balance in everything they did in the everyday role modeling for their children. This loss was replaced by the dominant society’s negative attitudes, beliefs and behaviors towards women. Granted, this is no fault of our own ; however, the reality is that contemporary Native male attitude about women and relationships have been distorted and the violent behavior of Native men towards Native women is tearing apart Native families.

The colonization of Native families made women and children the property of the Native men. Similar to concept of slavery. Thus ownership of another human being is genuinely an Anglo concept. Wedding rings became symbols of ownership. With the privilege of ownership property can be treated however the owner chooses.

When the female Eagle chooses her mate she flies up high and invites the male Eagle to catch the stick she has dropped . If the male Eagle catches the stick she flies even higher the next time she courts her mate. She will choose the male Eagle that can continuously and at the greatest height always catch the stick this will be her mate for life. She does this to test her mate because they must work together to provide for their eaglets both he and she will responsible for their survival while one or the other is away gathering.

This is the natural law of the land and one prevalent in the Traditional way of life.

Written by Karen Artichoker, Marlin Mousseau, Julienne Cross.

• All the federal domestic violence crimes are felonies.

• It is a federal crime under VAWA:

1. To cross state lines or enter or leave Indian Country and physically injure an “intimate partner.” 18 U.S.C. Sec. 2261
2. To cross state lines to stalk or harass or to stalk or harass within the maritime or territorial lands of the United States (this includes military bases and Indian Country). 18 U.S.C. Sec. 2261A
3. To cross state lines or enter or leave Indian Country and violate a qualifying protection Order. 18 U.S.C. 2262
4. It is a federal crime under the Gun Control Act:

• To possess a firearm and/ or ammunition while subject to a qualifying Protection Order. 18 U.S.C. Sec. 922(g)(
• To possess a firearm and/or ammunition after conviction of a qualifying misdemeanor crime of domestic violence. 18 U.S.C. Sec. 922(g)(9)
• A violation under VAWA, Sec. 2261, 2261 A, 2262,  a maximum prison term of five years to life, depending on the seriousness of the bodily injury caused by the defendant.

• Provides for the recognition and enforcement of tribal court protection orders across jurisdictions.
• Explicitly provides tribal courts with civil jurisdiction over non-Indians in protection order hearings where tribal courts otherwise maintain subject matter and personal jurisdiction.
• Has been an important source of funding for victim programs and training for law enforcement, courts, prosecution, social services, and community organizations in Indian Country.
• Has helped efforts to build regional coalitions promoting safety for Indian Women and accountability for abusers.

( 18 U.S.C.A. 2265)

In 1994 and 1996, Congress also passed changes to the Gun Control Act making it a federal crime in certain situations for domestic abusers to possess guns.

Recognizes that domestic violence is a national crime and that federal laws can help an overburdened state and local criminal justice system.

The majority of domestic violence cases will continue to be handled by your state and local authorities.

In some cases, however, the federal laws and benefits gained from applying these laws, may be the most appropriate course of action.

Civil Restraining Orders/Injunctions

In Wisconsin, there are two provisions available to prevent an intimate partner from having a gun. If it will make you safer, you can ask the court to order a partner to surrender his gun/guns or to use a protective order to stop him.her from buying or possessing a gun.

Temporary:  In Wisconsin, if you file a domestic abuse temporary restraining order, the court may include any “appropriate remedy.”¹ Therefore, in your petition for a hearing, you should tell the court if your partner has a gun or has threatened you with one, and ask the court to stop your partner from purchasing or possessing firearms.

Final: Wisconsin domestic abuse restraining order law says that under a “final” order/injunction must surrender their firearms and may not possess a gun.² The Wisconsin harassment restraining order law also allows you to request the surrender of firearms.³

Federal law also says that anyone under a “final” order may not possess a gun.* In your petition, you can ask the court to use its authority under Wisconsin law to protect you and your family and to remind your partner verbally about the federal prohibition against possession of firearms.*

After a criminal Conviction

Wisconsin state law does not specifically address the issue of guns and domestic violence convictions. However, federal law says that if your partner is convicted of any felony or a misdemeanor crime of domestic violence, it is illegal for him to obtain or possess a gun.*

(¹ WI ST 813.12//.//² WI ST 813.12(4)(m) and WI ST 941.29// ³ WI ST 813.125(4)(m)//* 18 U.S.C. § 922(g)(8)//* 18 U.S.C. § 921 (a)(33)(A) and 18 U.S.C. § 922(g)(9). The crime need not specifically fall under a domestic violence statute-any assault or battery against a domestic partner is enough, See U.S. v. Ball, 7 Fed. Appx. 210 (4th Cir. Apr. 4, 2001), cert. denied 122 S. Ct. 226(2002) and U.S. v. Barnes, 295 F.#d 1354 (DC Cir. 2002).

Information accurate as of June 2003

Wisconsin Coalition Against Domestic Violence

1. WHO IS REQUIRED TO REGISTER?

A person who, on or after December 25, 1993:
(1) is convicted or adjudicated delinquent for a sex offense;
(2) is in prison, a secured correctional facility, a secured childcare institution, or a secured group home for a sex offense;
(3) is on probation, extended supervision, parole, supervision, or aftercare supervision for a sex offense;
(4) is in prison, a secured correctional facility, a secured childcare institution, or a secured group home for a violation, or for the solicitation, conspiracy, or attempt to commit a violation of a Wisconsin law that is comparable to a sex offense;
(5) is on probation, extended supervision, parole, supervision, or aftercare supervision for a violation, or for the solicitation, conspiracy, or attempt to commit a violation of a Wisconsin law that is comparable to a sex offense;
(6) is found not guilty or not responsible by reason of mental disease or defect and is committed for a sex offense;
(7) is in institutional care or on conditional transfer or conditional release for a sex offense;
( is in institutional care or on conditional transfer or conditional release for a violation, or for the solicitation, conspiracy, or attempt to commit a violation of a Wisconsin law that is comparable to a sex offense;
(9) is on parole, extended supervision, or probation in Wisconsin from another state for a violation, or for the solicitation, conspiracy, or attempt to commit a violation of the law of another state that is comparable to a sex offense; or
(10) is in institutional care under, or on parole from, a commitment for specialized treatment,
is required to register.
(Wis. Stat. § 301.45(1g))
In addition, a person who:
(1) is placed on lifetime supervision on or after June 26, 1998;
(2) is in institutional care or on conditional release on or after June 2, 1994;
(3) is ordered by a court to comply with registration requirements;
(4) was required to register under 1997 laws based on a finding that he or she was in need of protection or services and is ordered by a court to continue complying with the registration requirements;
(5) on or after December 1, 2000, is registered as a sex offender in another state or is registered as a sex offender with the Federal Bureau of Investigation and is a resident of
Wisconsin, a student in Wisconsin, or is employed or carrying on a vocation in Wisconsin; or
(6) has been found to have committed a sex offense by another jurisdiction and, on or after December 1, 2000, is a resident of Wisconsin, a student in Wisconsin, or is employed or carrying on a vocation in Wisconsin.
(Wis. Stat. § 301.45(1g))

Sexual assault is neither “asked for” nor deserved. “Giving in” to sexual activity is NOT the same as consenting. Do what you must to survive. A victim is NEVER responsible for an assault. Do not blame yourself for being assaulted.

1. Go immediately to a safe place. Try not to damage potential evidence. Do not bathe, wash, shower, douche, or change or discard cloths.
2. Strongly consider reporting the assault to the police.
3. Strongly consider making contact with your local sexual assault treatment center or rape crisis center. They can assist you with information, support, and counseling whether or not you call the police. Any contact you have with them is completely confidential.

What is Full Faith and Credit? (Simply Stated)

A valid order of protection is enforceable where it is issued and in all other jurisdictions. This includes all 50 states, Indian tribal lands, the District of Columbia, the U.S. Virgin Islands, Puerto Rica,American Samoa, the Northern Mariana Islands and Guam.

Under the federal Violence Against Women Act (VOWA), jurisdictions must give full faith and credit to valid orders of protection issued by other jurisdictions.

Pamela Deese Says:
February 6, 2008 at 2:19 pm ePlease click on the website http://www.promiseofprotection.com. We are building a website that should be completed in a couple days but is still up for viewing. And may I say thanks to you for all your help concerning this matter