Protection Order Definition Matrix - Battered Women's Justice Project
Protection Order Definition Matrix - Battered Women's Justice Project
Protection Order Definition Matrix - Battered Women's Justice Project
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State<br />
<strong>Definition</strong> of Domestic Violence/ Abuse for Domestic Violence Civil <strong>Protection</strong> <strong>Order</strong><br />
(vi) negligent endangerment as defined in 45-5-208;<br />
(vii) assault on a minor as defined in 45-5-212;<br />
(viii) assault with a weapon as defined in 45-5-213;<br />
(ix) unlawful restraint as defined in 45-5-301;<br />
(x) kidnapping as defined in 45-5-302;<br />
(xi) aggravated kidnapping as defined in 45-5-303; or<br />
(xii) arson as defined in 45-6-103.<br />
The following individuals are eligible to file a petition for an order of protection against the offender<br />
regardless of the individual's relationship to the offender:<br />
(a) a victim of assault as defined in 45-5-201, aggravated assault as defined in 45-5-202, assault on a<br />
minor as defined in 45-5-212, stalking as defined in 45-5-220, incest as defined in 45-5-507, sexual<br />
assault as defined in 45-5-502, or sexual intercourse without consent as defined in 45-5-503; or<br />
(b) a partner or family member of a victim of deliberate homicide as defined in 45-5-102 or mitigated<br />
deliberate homicide as defined in 45-5-103.<br />
Nebraska NEB. REV. STAT.§ 42-903 (1),(3) (2012).<br />
For purposes of the <strong>Protection</strong> from Domestic Abuse Act, unless the context otherwise requires:<br />
(1) Abuse means the occurrence of one or more of the following acts between household members:<br />
(a) Attempting to cause or intentionally and knowingly causing bodily injury with or without a<br />
dangerous instrument;<br />
(b) Placing, by means of credible threat, another person in fear of imminent bodily injury. For<br />
purposes of this subdivision, credible threat means a verbal or written threat, including a threat<br />
performed through the use of an electronic communication device, or a threat implied by a pattern of<br />
conduct or a combination of verbal, written, or electronically communicated statements and conduct that<br />
is made by a person with the apparent ability to carry out the threat so as to cause the person who is the<br />
target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not<br />
necessary to prove that the person making the threat had the intent to actually carry out the threat. The<br />
present incarceration of the person making the threat shall not prevent the threat from being deemed a<br />
credible threat under this section; or<br />
(c) Engaging in sexual contact or sexual penetration without consent as defined in section 28-318;<br />
Family or household members includes spouses or former spouses, children, persons who are presently<br />
residing together or who have resided together in the past, persons who have a child in common whether<br />
or not they have been married or have lived together at any time, other persons related by consanguinity<br />
or affinity, and persons who are presently involved in a dating relationship with each other or who have<br />
been involved in a dating relationship with each other. For purposes of this subdivision, dating<br />
relationship means frequent, intimate associations primarily characterized by the expectation of<br />
affectional or sexual involvement, but does not include a casual relationship or an ordinary association<br />
between persons in a business or social context; and<br />
Nevada NEV. REV. STAT. ANN. § 33.018(1) (2011).<br />
1. Domestic violence occurs when a person commits one of the following acts against or upon the<br />
person’s spouse or former spouse, any other person to whom the person is related by blood or marriage,<br />
any other person with whom the person is or was actually residing, any other person with whom the<br />
person has had or is having a dating relationship, any other person with whom the person has a child in<br />
common, the minor child of any of those persons, the person’s minor child or any other person who has<br />
been appointed the custodian or legal guardian for the person’s minor child:<br />
(a) A battery.<br />
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