An uphill battle

The Domestic Violence Awareness Conference here Oct. 14 was almost over when a woman spoke up from the audience. She had sat quietly through six hours of speakers, and she had had enough.

Her abuser, she said, was back on the streets, and she was afraid for her grandchildren.

"I want the court system to really do something!" she said, flushing with emotion. "I'm really tired of it and I'm scared."

Lorena Halwood, executive director of the local domestic violence program, Ama doo Alchini Bighan Inc., shared the victim's frustration, but tried to give her hope.

She noted that two committees of the Navajo Nation Council were meeting in Flagstaff at that very moment, hammering out language for yet another version of the Violence Against Families Act - the Navajo Nation's ill-starred domestic violence legislation that has been repeatedly talked about, and never passed, for 14 years.

Five years ago the act was voted down when Legislative Counsel Frank Seanez opined that, because the act covered same-sex couples, it would nullify the Diné Marriage Act of 2005, which denies recognition of same-sex relationships.

Halwood was hopeful that that and other sticking points had been worked out at the workshop. But during this week's Council session, the act wasn't even on the agenda. Several delegates who were asked about it had never heard of it.

On the agenda Wednesday, but tabled until Nov. 4, was a bill that would authorize the completion of the Shiprock Home for Women and Children over the heads of the Navajo Housing Authority and the attorney general's office, which have opposed it because of what they consider an improperly awarded contract. The home has been in the works for seven years.

In spite of all the purple ribbons being worn on the Navajo Nation this month - Domestic Violence Awareness Month - it's still an uphill battle for victims of abuse.

Signs of change

Still, there are signs of change.

A young woman who came into ADABI Oct. 15 with bruises on her neck and arms said she was getting better treatment in Chinle than she had in Gallup, where she showed up at the Gallup Indian Medical Center after her boyfriend, his mother and his sister ganged up on her, beating and choking her until she relinquished her 3-week-old infant.

The victim said she had been given a cursory examination by health workers, but hadn't been referred to any domestic violence program until she came to stay with her family in Chinle.

She had showed up at the DNA-People's Legal Services office asking how to sue for custody of her child, and they had referred her to ADABI, which took her to the Chinle Comprehensive Health Care Facility for an exam specifically geared toward victims of abuse.

Navajo Nation Police Lt. Tulley Jim, who recently was transferred to Chinle from Window Rock, said he believes the Central Agency community is getting better in handling domestic abuse.

"We're starting to work together," he said. "The police, ADABI, DNA, (the Division of) Social Services, (the Program for) Self-Reliance, even the schools."

Several Chinle officers have been specifically trained to handle a domestic violence report, according to Jim, and he sees more sensitivity among his officers when taking an abuse complaint.

Still, he agreed with the aggrieved woman at the conference that the police and courts could do better.

A domestic abuse call "is a challenging assignment," Jim said. "You need to get yourself on yellow alert. You'd better have backup on the way."

Earlier this month, an officer was assaulted by the perpetrator while another officer was on his way to the scene. So dangerous are domestic violence calls that Navajo Nation Police policy permits an officer to use his discretion in responding.

"If you can't get backup, you can make the choice whether you go in or not," Jim said.

Because the 911 system doesn't exist on the Navajo Nation, a victim often can't find the phone number of her local police station and is better off trying to flee the situation, Jim said.

Then there's the jail situation.

"Jail space is so tight that people do get placed on probation who probably should be serving longer," Jim admitted.

That should be solved, or at least improved upon, as soon as the tribe constructs the court, jail and police complex planned on 27 acres where the old BIA housing used to be.

The new facility will have 50 permanent and 50 temporary cells, more than doubling space in the former youth detention center that has been used as an adult holding facility since the old Chinle jail was condemned and demolished three years ago.

Weak laws

While domestic violence specifically is not a crime on the Navajo Nation, assault is, and that is what most complaints fall under, Jim said. There are ways to work around the lack of a DV law.

One quick way out of a bad situation is a temporary protective order, said Chinle-based Navajo Nation Family Court Judge Cindy Thompson.

"You can come to the court and file for one without even going to the police," she said. "If the judge approves it, the other party has to stay away from you. If he doesn't, you can call the police."

The problem, of course, is that abuse victims are notorious for forgiving their attackers, or being so scared they back down and don't press for a permanent restraining order - the next step in the court process.

Thompson says she's been known to insist on a hearing even when the victim asked her to drop the matter.

"If I think it's in her best interest, I'll set a hearing," she said.

Another tool most people don't know about, said Jim, is filing a complaint on behalf of another person.

"If you know someone's being abused, you can file the complaint yourself," he said. "It doesn't have to be the victim who files."

If you are in an abusive relationship, set the number of the local police station on speed dial on your phone, Jim advised. If you can get to a phone while the abuse is occurring, one touch will be all you need to dial.

There's one more week of Domestic Violence Awareness Month, and if you'd like to make your voice heard, join the awareness walk from Fort Defiance to the Council Chambers on Tuesday, Oct. 26. There will be a candlelight vigil and balloon release at ADABI in Chinle the following evening.

And of course, if you'd like to help beyond Domestic Violence Awareness Month, ADABI and the handful of other victims' programs across the reservation are always looking for volunteers and donations.

Information: ADABI, 928-674-8314 or 1-877-698-0899.

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