DOMESTIC VIOLENCE/DOMESTIC ABUSE DEFINITIONS AND RELATIONSHIPS
1/8/2015
TABLE OF CONTENTS
State Laws on Domestic Violence or Abuse
Additional Resources
About This Project
CONTACT
Human Services Program, Denver office, 303-364-7700
Rachel Morgan, Washington D.C., office, (202) 624-3569
Domestic violence and abuse, an issue that is never far from the headlines, continues to be a pervasive issue in the United States. State legislatures are at the forefront of defining and penalizing domestic violence and abuse.
States vary in their domestic violence provisions. Approximately 38 states place domestic violence definitions and penalties within the criminal code and nearly every state provides a definition within the domestic relations or social services codes.
Within this variance are broad definitions that may include stalking, harassment and, in some instances, nonphysical abuse including intimidation and emotional abuse.
Some states also have addressed child witnessing of domestic violence. Approximately 23 states address child witnessing of domestic violence somewhere in statute. While some consider it an aggravating circumstance when sentencing a perpetrator, other
states have created a separate offense that may be levied. View the Child Welfare Information Gateway Child Witnesses to Domestic Violence report for a discussion of the crossover between child abuse and neglect and domestic violence.
Within the realm of domestic violence and abuse are various other topics, including protection orders, safe court processes and custody and visitation or parenting time. According to the American Bar Association, the presence of domestic violence is a
factor considered when determining custody and visitation in all 50 states and the District of Columbia.
Below is a chart with basic state provisions regarding domestic violence or abuse, the definitions of conduct amounting to domestic violence or abuse, and the relationships where that conduct may be considered domestic violence or abuse.
The box allows you to conduct a full text search or use the dropdown menu option to select a state.
Mississippi
Miss. Code Ann. ยง 93-21-3
(a) "Abuse" means the occurrence of one or more of the following acts between spouses, former spouses, persons living as spouses or who formerly lived as spouses, persons having a child or children in common, other individuals related by consanguinity or
affinity who reside together or who formerly resided together or between individuals who have a current or former dating relationship:
(i) Attempting to cause or intentionally, knowingly or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon;
(ii) Placing, by physical menace or threat, another in fear of imminent serious bodily injury;
(iii) Criminal sexual conduct committed against a minor within the meaning of Section 97-5-23;
(iv) Stalking within the meaning of Section 97-3-107;
(v) Cyberstalking within the meaning of Section 97-45-15;
(vi) Sexual offenses within the meaning of Section 97-3-65 or 97-3-95.
"Abuse" does not include any act of self-defense.
http://www.ncsl.org/research/human-services/domestic-violence-domestic-abuse-definitions-and-relationships.aspx
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