Violence affects people in all stages of life, from infants to the elderly. Many people who experience violence survive it but may also suffer from long-term physical, mental, and emotional health problems.

In the Centers for Disease Control and Prevention (CDC) 2020 Factsheet Addressing Violence Against American Indian and Alaska Native (AI/AN) People states that homicide is the 3^rd leading cause of death among AI/AN  males (aged 1-44 years) and the 6^th leading cause of death among AI/AN females (aged 1-44- years). An earlier study found that most homicides among AI/AN were initiated by an interpersonal conflict, such as intimate partner violence or domestic violence.

National Vital Statistics System (NVSS) 2018 data; National Violent Death Reporting System (NVDRS); based on CDC Violence Prevention Webpage – https://www.cdc.gov/violenceprevention/about/abuse.html

Social distancing and isolation may increases risk of abuse in the home

Some of the public health actions to reduce the spread of COVID-19 include avoiding large and small gatherings in private places and public spaces, working remotely, and closing schools. While these measures are critical for slowing the spread of COVID-19, they may contribute to an increase in violence and suicide due to:

• Social isolation or lack of social support
• Financial, emotional, or physical stress
• Lack of time alone or lack of physical and mental space
• Lack of childcare
• Loss of job or income
• Depression or anxiety
• Substance misuse
• Reduced access to mental health or substance use services and supports

In addition, social distancing measures can lead to more time in the home or in the same space as an abuser, increasing the risk for abuse. This can include child abuse and neglect, intimate partner violence, and elder abuse. Victims of violence may be unable to access help due to limited outside social contact, or they may not be able to seek victim services or shelter. The COVID-19 pandemic may also impact those experiencing violence in the following ways:

• Abusers may further isolate and control victims of violence.
• Abusers may share misinformation about the pandemic to control or frighten victims or prevent them from seeking medical treatment, if they need it.
• Programs that serve victims, such as shelters and counseling centers, may be full or unable to assist them. Victims may fear entering shelters for fear of being exposed to COVID-19.
• Travel restrictions may impact a victim’s escape or safety plan.

Safety plans can help lower your risk

If you or someone you care about is experiencing violence, here are a few suggestions that may help:

• Create a safety plan to outline ways to remain safe while you are in your current situation, planning to leave, or after you leave.
• Practice self-care as much as possible.
• If it is safe, reach out for help and try to maintain social connections through phone calls, texts, emails, and social media platforms.

A safety plan is a practical guide that helps lower your risk of being hurt by your abuser. It should include information specific to you and your life. A safety plan is not a restraining order or a protection order.  A safety plan provides guidance on what you may need to bring if you have to leave your home quickly.  

The Northern California Tribal Court Coalition (NCTCC) App contains fillable safety plans and self-care tips. The App is available for your Android or Apple mobile device and can be obtained by:

• Searching for NCTCC in your Google Play or Apple App store.
• Visiting the download page at nctcc.org/nctcc-app

Once you download the App, go to the main menu and tap the Safety button to access Safety Plans.  To access a Self Care Checklist, simply tap the Self-Care button on the main menu.  Self-Care practices can help to ease stress and increase resiliency.

During the COVID-19 pandemic, many households that suffer from heightened amounts of domestic abuse, financial loss, and isolation have been faced with lay-offs, home school, and quarantine measures deepening these areas of household stress. At worst, survivors of domestic violence have been forced into social distance practices with their domestic abusers. Since domestic violence thrives in secrecy, stress, and isolation, victims of domestic violence must seek protection during the COVID-19 stay at home orders.

According to the California Victim Compensation Board, there are safety measures that can be taken by survivors of domestic violence.

1. Create a Personal Safety Plan

To help to reduce the risk of injury from violence, it can help to be aware of:

• Identify exits. 
• Practice your escape plan.
• Establishing with friends, family, or trusted network, a sign or safety word to alert law enforcement.
• Teaching children how to dial 911.
• Removing weapons from the home or relocating them to hard-to-reach places.
• Position your vehicle to aid with a quick escape if needed and keep it filled with gas.

2. Contact a domestic violence advocate who can assist with making a safety plan and provide additional necessary resources.
3. When contacting an advocate, be cautious about how you contact them. Using a device that an abuser may have access to can jeopardize your safety. Use a prepaid cell phone or a friend’s phone if possible.

To apply for Victim Compensation

• Create an application using CalVCB Online — a secure and private portal that can be easily accessed from a smartphone, tablet or computer.
• Contact a local county Victim Witness Assistance Center.
• Call the CalVCB Help Line at (800) 777-9229.
• Download an application from CalVCB’s How to Apply page.
• Visit the CalVCB website at https://victims.ca.gov/for-victims/

Additional Resources

• Telehealth services are available for medical, mental health, and education services. CalVCB allows up to 5 telehealth services per application, for a service provider to apply to offer additional sessions, they can submit an application.
• Downloading the NCTCC Mobile Application can help with creating a Safety Plan on your mobile device. Visit: https://nctcc.org/nctcc-app/ 

The State of California wants to make it easy for victims of violence to apply for compensation benefits. Here are some tips and tricks that can help you with the application process

• Complete every section of the application possible. When filling out a CalVCB application, remember that the more specific and complete you can be, the quicker your application can be processed.

• Include copies of crime reports, bills, receipts and other related documents supporting your specific claim with the application.

• Send crime-related bills to the insurance company, workers’ compensation carrier or Medi-Cal right away. CalVCB works with insurance companies to cover crime-related expenses.

• The application has been translated into multiple languages for ease of non-English speaking victims.

• You are eligible to apply even if you do not have a social security number. CalVCB does not require citizenship and does not ask you to document your status. 

• Victim advocates can assist victims throughout the compensation process. Advocates can help with completing applications, gathering documentation, finding emergency food, clothing, and shelter, and filing temporary restraining orders.

• Victims can even designate their advocates or other trusted person to represent them. A victim’s representative can act as a contact on the claim, in case CalVCB has questions about the application.

• If a victim has an attorney, the attorney can represent the victim and CalVCB will reimburse the attorney for their time. Attorney representatives must document their time along with details about the work they do on the claim in order to receive reimbursement for their services.

CalVCB has an online portal where you can begin your claim. Visit CalVCB online to get started.

Specific documentation is very important to support your application for benefits. A police report or other crime report can show that a crime has occurred. One reason that a victim of violence should make a police report is to obtain this important documentation. If the victim chose not to report the crime or a police report is not available, the following documentation can be submitted to help show eligibility:

• Child abuse or adult protective services reports.

• Restraining Orders, including the request for restraining order (DV-100), violations of restraining orders.
  
• Medical, dental, or mental health records.
  
• Affidavit from a human trafficking case worker.
  
• A sexual assault examination report.
  
• University Title IX campus report.
  
• Letter (on the letterhead of a battered women’s program or shelter) identifying the incident(s).

• An affidavit from a credible witness, with as much detail as possible to substantiate (by a preponderance of evidence – 51%) that a qualifying crime occurred. This can be from the victim’s mother, friend, pastor, any trusted person to whom the victim disclosed the crime.
  
• Special visas describing a qualifying crime.
  
• Form 293 if a police report does not specifically identify the victim for confidentiality concerns (e.g. she is named as “Jane Doe”).

If you have questions about documenting your eligibility for CalVCB benefits, contact your local Victim Witness Assistance Center advocates for assistance with filing your application. Advocates can help you navigate the criminal justice and victim compensation process and can provide information on resources and services in your county. You can also visit the CalVCB Local Help page to find local help for your particular situation.

In September of 2021, NCTCC staff interviewed NCTCC Board members, Hon. Judge Leona Colegrove, Chief Judge for Hoopa Tribal Courts, and NCTCC Secretary Megan Siaosi, Bear River Band Rohnerville Rancheria Tribal Court Director, to learn about the effects COVID-19 has on Tribal Courts.

What is a Tribal Court?

Tribal Courts are an inherent part of exercising Tribal sovereignty in order to resolve disputes in Tribal communities. There are over 400 Tribal Courts in operation and each have their own methods of administering justice.

How can Tribal culture be incorporated into the Tribal Courts?

Incorporating Traditional Tribal Justice systems is a cultural approach to justice within Tribal communities. According to Judge Leona Colegrove, while western culture brings a linear, hierarchical process to justice, the Tribal judicial system is horizontal. Traditionally, the whole community would come together to administer justice to those who broke the law or to settle a dispute in Indian Country. There was not one person stating the law, there were elders, family members, groups, and different leaders who administer justice. This is how it has always been in Tribal communities.

What is a Wellness Court?

A Wellness Court is a type of Tribal Judicial Court that integrates wellness concepts into substance abuse cases by using a team approach to provide a service for the court client while aiding to restore community balance.

How Have Tribal Court Operations Been Affected During COVID-19?

Applying COVID 19 within the traditional Tribal Justice horizontal approach makes it difficult to come together as a community. Judge Leona Colegrove explains how issues of vulnerability and outreach methods have become challenges to Tribal Courts during COVID-19.  Megan Siaosi, Bear River Court Administrator, explains how COVID-19 has affected communication and synergy in the Bear River Band Tribal Court.

Vulnerability: Tribal groups are already living in a community with a more vulnerable population than others. Tribal communities make up less than 2 percent of the population. In Tribal communities we hold our elderly population as very sacred because they hold so much knowledge about our past and culture and often this knowledge is not recorded anywhere; if we lose that it is just gone. This is a disease that can literally wipe out an entire elderly population of our people simply because there are not very many of us.

Outreach: In the recent past, we adopted a western style of justice that hasn’t worked well for us. People are used to this approach to justice. We need to shift back to the way things used to be before Tribes adapted to the western Courts. People don’t always like change, so we need to educate and outreach. This means providing outreach in the form of dinners, community events, and feeding people, which is difficult to do during COVID 19. So we need to think outside the box with how to build community outreach.

Communication & Synergy: Tribal Courts are based around mediation. Mediation is built with trust and personal communication. Body language and sitting in a room on the same level as others while talking through issues comes through differently when talking on the phone or while at a zoom meeting. There is a lack of personal and emotional connection. When we talk about the traditional restorative style of transitional justice, it is lacking with zoom online meetings, because the connections can not be forged.

How Can Tribal Courts Overcome the Challenges of COVID-19?

According to Megan Siaosi, strong Tribal leadership and resilience is key:

“Indigenous Peoples have proved time and again how resilient they are. As a whole, zoom is helping us to come together to find solutions to these problems. We are becoming experts of technology when before we were trying to become experts on learning how to run meetings interpersonally. The Bear River Band Rohnerville Rancheria Tribal Council is always thinking about promoting the safety of the community. Strong leadership during this time is very important.”