Protection Order Definition Matrix - Battered Women's Justice Project

More documents

Recommendations

Info

State Definition of Domestic Violence/ Abuse for Domestic Violence Civil Protection Order (vi) negligent endangerment as defined in 45-5-208; (vii) assault on a minor as defined in 45-5-212; (viii) assault with a weapon as defined in 45-5-213; (ix) unlawful restraint as defined in 45-5-301; (x) kidnapping as defined in 45-5-302; (xi) aggravated kidnapping as defined in 45-5-303; or (xii) arson as defined in 45-6-103. The following individuals are eligible to file a petition for an order of protection against the offender regardless of the individual's relationship to the offender: (a) a victim of assault as defined in 45-5-201, aggravated assault as defined in 45-5-202, assault on a minor as defined in 45-5-212, stalking as defined in 45-5-220, incest as defined in 45-5-507, sexual assault as defined in 45-5-502, or sexual intercourse without consent as defined in 45-5-503; or (b) a partner or family member of a victim of deliberate homicide as defined in 45-5-102 or mitigated deliberate homicide as defined in 45-5-103. Nebraska NEB. REV. STAT.§ 42-903 (1),(3) (2012). For purposes of the Protection from Domestic Abuse Act, unless the context otherwise requires: (1) Abuse means the occurrence of one or more of the following acts between household members: (a) Attempting to cause or intentionally and knowingly causing bodily injury with or without a dangerous instrument; (b) Placing, by means of credible threat, another person in fear of imminent bodily injury. For purposes of this subdivision, credible threat means a verbal or written threat, including a threat performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct that is made by a person with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat shall not prevent the threat from being deemed a credible threat under this section; or (c) Engaging in sexual contact or sexual penetration without consent as defined in section 28-318; Family or household members includes spouses or former spouses, children, persons who are presently residing together or who have resided together in the past, persons who have a child in common whether or not they have been married or have lived together at any time, other persons related by consanguinity or affinity, and persons who are presently involved in a dating relationship with each other or who have been involved in a dating relationship with each other. For purposes of this subdivision, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context; and Nevada NEV. REV. STAT. ANN. § 33.018(1) (2011). 1. Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child: (a) A battery. 22
State Definition of Domestic Violence/ Abuse for Domestic Violence Civil Protection Order (b) An assault. (c) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform (d) A sexual assault. (e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to: (1) Stalking. (2) Arson. (3) Trespassing. (4) Larceny. (5) Destruction of private property. (6) Carrying a concealed weapon without a permit. (7) Injuring or killing an animal. (f) A false imprisonment. (g) Unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person from the entry. 2. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context. New Hampshire N.H. REV. STAT. ANN. § 173-B:1 (I), (IX), (X) (2012). I. “Abuse” means the commission or attempted commission of one or more of the acts described in subparagraphs (a) through (g) by a family or household member or by a current or former sexual or intimate partner, where such conduct is determined to constitute a credible present threat to the petitioner’s safety. The court may consider evidence of such acts, regardless of their proximity in time to the filing of the petition, which, in combination with recent conduct, reflects an ongoing pattern of behavior which reasonably causes or has caused the petitioner to fear for his or her safety or well-being: (a) Assault or reckless conduct as defined in RSA 631:1 through RSA 631:3. (b) Criminal threatening as defined in RSA 631:4. (c) Sexual assault as defined in RSA 632-A:2 through RSA 632-A:5. (d) Interference with freedom as defined in RSA 633:1 through RSA 633:3-a. (e) Destruction of property as defined in RSA 634:1 and RSA 634:2. (f) Unauthorized entry as defined in RSA 635:1 and RSA 635:2. (g) Harassment as defined in RSA 644:4. IX. "Domestic violence" means abuse as defined in RSA 173-B:1, I. X. "Family or household member" means: 23
Page 1 and 2: Protection Order Definition Matrix
Page 3 and 4: State Definition of Domestic Violen
Page 9 and 10: State District of Columbia Definiti
Page 21: State Definition of Domestic Violen

Protection Order Definition Matrix - Battered Women's Justice Project

Create successful ePaper yourself

Delete template?

Save as template?