Eastern Band Supreme Court Remands Domestic Violence Protective Order Case for New Findings

By Cherokee 411 Staff

CHEROKEE, N.C. — The Supreme Court of the Eastern Band of Cherokee Indians has remanded a domestic violence protective order case, directing the trial court to issue a new order with specific findings of fact and conclusions of law to justify its renewal.

photo courtesy:https://tribaljustice.org/

The case, Alyssa Louise Roseman v. Zachary Quinn Roseman (No. 25-01), was decided Sept. 29, 2025, and is cited as 2025 WL 2754709 in American Tribal Law Reports. The opinion has not yet been published in full; only a Westlaw citation is currently available, according to the National Indian Law Library.

The case originated in April 2024 when the plaintiff, Alyssa Louise Roseman, sought an ex parte domestic violence protective order, alleging she was injured during a custody exchange involving the defendant. The Cherokee Court granted a temporary order at that time, later extended by consent through December 2024.

In March 2025, the lower court renewed the protective order for an additional two years under Cherokee Code § 50B-10, citing continued fear of harm. The defendant appealed the renewal, arguing the trial court improperly admitted hearsay testimony, abused its discretion, and that § 50B-10 is unconstitutionally vague.

The Eastern Cherokee Supreme Court agreed that the renewal order lacked sufficient factual findings and legal conclusions. The court remanded the case for a new order consistent with the requirements of § 50B-10 but allowed the protective order to remain in effect pending the new ruling.

The decision underscores the Supreme Court’s emphasis on clear judicial reasoning and procedural safeguards in domestic violence cases under Cherokee law.

The Roseman v. Roseman case will return to the Cherokee Court for further proceedings.