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Thus, the prosecutor will bear the burden of proving these jurisdictional facts.In order to prosecute a non-Indian defendant for violating a protection order in Indian country, the protection order must: Although tribes can issue and enforce civil protection orders now, tribes cannot begin to criminally prosecute non-Indian offenders for domestic violence, dating violence, or violation of civil protection order until at least March 7, 2015.If a defendant commits sexual assault, and the assault does not occur within the contexts of either domestic violence, dating violence, or a violation of a protection order, then the tribal court remains without recourse.

Tribes may submit a preliminary express of interest no later than July 15, 2013 by mailing or emailing a short letter to the DOJ’s Office of Tribal Justice.

Phase Two is the implementation phase, when tribes will formally request to begin exercising SDVCJ.

Phase Two will start in late 2013 and run through March 7, 2015, with some tribes potentially prosecuting SDVCJ cases by late 2013 or early 2014.

Also note: A tribe that submits a preliminary expression of interest during Phase One can later decide to wait until at least March 7, 2015, before exercising SDVCJ.

The Intertribal Working Group (ITWG) is a voluntary working group of designated tribal representatives who may exchange views, information and advise, peer to peer, about how tribes can best exercise SDVCJ.

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