Overview of Legislative Issues
While many domestic violence laws already apply to spouses, persons living together, or
persons with a child in common, they may not protect those in dating relationships.
Twenty-nine states, plus the District of Columbia, Puerto Rico, and the Virgin Islands
have some domestic violence laws which include dating violence victims. However, in some
of these states, dating violence is included in parts of the law, but not all of the laws.
In addition, some of the laws which do include dating relationships may expressly exclude
minors or same-sex partners from their protections. In the past year, state lawmakers have
begun to turn their attention to the problem of dating violence. Briefly, here are some of
the issues facing legislators.
Definitions of "dating."
The first issue states grapple with is defining a "dating relationship." One
approach is to list factors to be weighed in determining whether a relationship falls
within the law's protections. For example, Vermont law uses the following:
"Dating means a social relationship of a romantic nature. Factors that the court
may consider when determining if a dating relationship exists or existed include:
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the nature of the relationship;
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the length of time the relationship has existed;
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the frequency of interaction between the parties;
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the length of time since the relationship was terminated, if applicable."
Other states use more a general description. Nevada law states:
"[D]ating 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."
Several states simply use the term, "dating relationship," without providing
any definition.
Inconsistencies in the law.
Dating relationships may be included within some parts of a state's domestic violence
laws but not others. For example, in Michigan, dating relationships are included in the
laws providing for protective orders, in the laws prohibiting insurance discrimination,
and the laws providing services to victims, but not in the criminal offense and
warrantless arrest laws. However, in New Hampshire the
same definition of abuse which includes "romantic" relationships applies
throughout the domestic violence laws.
Protection of victims in same-sex relationships.
Some states exclude same-sex relationships from their definitions of dating violence.
In Montana, "partners," within the offense of domestic abuse, includes
"persons who have been or are currently in a dating or ongoing intimate relationship
with a person of the opposite sex." However, in
Vermont, same-sex partners who have entered into a "civil union" are
specifically included in the definition of "family" for purposes of protective
order eligibility.
Protection of minor victims.
The definition of dating violence in some states specifically excludes minors. For
example, in Missouri, "family or household member," as a description of the
perpetrator of abuse, includes "an adult who is or has been in a
continuing social relationship of a romantic or intimate nature with the victim." By contrast, in Vermont, "household members,"
for purposes of eligibility for protective orders, includes "minors or adults who are
dating or have dated." In Washington, a victim in
a dating or cohabiting relationship with the abuser is only eligible for a protective
order if the victim and abuser are sixteen years old or older.
Ability of minors to apply for protective orders.
Of the states which include dating violence in their domestic violence laws, only
seventeen states allow minors to obtain protective orders. Some of these permit or require
the involvement of an adult, such as a parent or a guardian ad litem, to request a
protective order on behalf of a minor victim. This can be a way to provide support for a
minor, or allow parents to take action to protect their children from dating violence,
but, where required, it can also be a barrier for teen victims who may be reluctant to
confide in adults. Idaho permits a parent or guardian to file a petition for a protective
order on behalf of a minor. However, minors in that
state are also authorized to seek relief on their own behalf.
Victims in dating relationships are often excluded from domestic violence laws. We
encourage states to carefully examine this issue to ensure that all persons are protected
from abuse. For more information, please email Ilse Knecht at iknecht@NCVC.org.
End Notes
-
Stat. Ann. tit.
15, ┬з 1101 (2).
- Nev. Rev. Stat.
┬з 33.018 (2).
- See, for
example, Conn. Code ┬з 46b-38a.
- Mich. Stat.
Ann. ┬з┬з 27A.2950, 24.13406(10), 28.276, 28.868(3), and 28.874(1). See also
2000 Mich. Pub. Acts 84.
- N.H. Rev. Stat.
Ann. ┬з┬з 173-B:1, 173:C-1, 282-A:32, and 594:10.
- Mont. Code Ann.
┬з 45-5-206 (2)(b).
- Vt. State. Ann.
tit. 15, ┬з 1101 (6).
- Mo. Rev. Stat.
┬з 455.010.
- Vt. Stat. Ann.
tit. 15, ┬з 1101 (2).
- Wash. Rev.
Code ┬з 26.50.010 (2).
- Idaho Code ┬з 39-6304.