§ 12-29-2 - Definitions.

SECTION 12-29-2

   § 12-29-2  Definitions. – (a) "Domestic violence" includes, but is not limited to, any of the followingcrimes when committed by one family or household member against another:

   (1) Simple assault (§ 11-5-3);

   (2) Felony assaults (§§ 11-5-1, 11-5-2, and 11-5-4);

   (3) Vandalism (§ 11-44-1);

   (4) Disorderly conduct (§ 11-45-1);

   (5) Trespass (§ 11-44-26);

   (6) Kidnapping (§ 11-26-1);

   (7) Child-snatching (§ 11-26-1.1);

   (8) Sexual assault (§§ 11-37-2, 11-37-4);

   (9) Homicide (§§ 11-23-1 and 11-23-3);

   (10) Violation of the provisions of a protective orderentered pursuant to § 15-5-19, chapter 15 of title 15, or chapter 8.1 oftitle 8 where the respondent has knowledge of the order and the penalty for itsviolation or a violation of a no contact order issued pursuant to §12-29-4;

   (11) Stalking (§§ 11-59-1 et seq.);

   (12) Refusal to relinquish or to damage or to obstruct atelephone (§ 11-35-14);

   (13) Burglary and Unlawful Entry (§ 11-8-1 et seq.); and

   (14) Arson (§ 11-4-2 et seq.).

   (b) "Family or household member" means spouses, formerspouses, adult persons related by blood or marriage, adult persons who arepresently residing together or who have resided together in the past three (3)years, and persons who have a child in common regardless of whether they havebeen married or have lived together, or if persons who are or have been in asubstantive dating or engagement relationship within the past one year whichshall be determined by the court's consideration of the following factors:

   (1) the length of time of the relationship;

   (2) the type of the relationship;

   (3) the frequence of the interaction between the parties.

   (c) "Protective order" means an order issued pursuant to§ 15-5-19, chapter 15 of title 15, or chapter 8.1 of title 8.

   (d) "Victim" means a family or household member who has beensubjected to domestic violence.