08.04.2015 Views

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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 />

22

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!