Criminal Conduct Covered
SDVCJ includes criminal conduct that falls into one of three categories as defined by the federal statute:
1. Domestic violence,
2. Dating violence, and
3. Violations of certain protection orders.
Domestic violence and dating violence are defined as follows:
Dating violence: “violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.”
Domestic violence: “violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of an Indian tribe that has jurisdiction over the Indian Country where the violence occurs.”
Protection orders must be enforceable by the tribe, issued against the defendant, and provide sufficient notice and an opportunity to be heard.
Otherwise, eligible protection orders include:
“any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and”
“any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.”
For more information about these requirements, please visit our SDVCJ Resource Center, which includes guidance documents, webinars, and materials to help you understand these requirements and turn them into a reality for your community.