Chapter 01 – General Provisions

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47.0101 Purpose.

47.0102 Definitions.


47.0101 Purpose.

The purpose of this title is to recognize the importance of domestic violence as a serious crime against society and to assure the victim of domestic violence the maximum protection from abuse which the law and those who enforce the law can provide.  It is the intent of the Legislature that the official response to cases of domestic violence shall stress the enforcement of the laws to protect the victim and shall communicate the attitude that violent behavior is not excused or tolerated.  Furthermore, it is the intent of the Legislature that criminal laws be enforced without regard to whether the persons involved are or were married, cohabiting, or involved in a relationship.


History:  2004, PL 28-16.


47.0102 Definitions.

As used in this chapter, unless the context clearly requires otherwise:

(1)  “Domestic or family violence” means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

(A)  Attempting to cause or causing physical harm to another family or household member:

(B)   Placing a family or household member in fear of physical harm; or

(C)   Causing a family or household member to engage involuntarily in sexual activity by force, threat of force, or duress. (2) “Family or household members” include:


(A) Adults or minors who are current or former spouses;

(B) Adults or minors who live together or who have lived together;

(C) Adults or minors who are dating or who have dated;



(D) Adults or minors who are engaged in or who have engaged in a sexual relationship;

(E) Adults or minors who are related by blood or adoption;

(F) Adults or minors who are related or formerly related by marriage;

(G) Persons who have a child in common; and

(H) Minor children of a person in a relationship that is described in paragraphs (A) through (H).



History:  2004, PL 28-16.