Definitions of Domestic Violence - Central Council of the Tlingit and Haida Indian Tribes

Defined in Domestic Violence Civil Laws
Citation: Tribal Code § 04.13.004

'Dating violence' means acts described within the definition of domestic violence or family violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. In determining whether a romantic or intimate social relationship exists, the court shall consider the length, type, and frequency of interaction between the persons involved.

'Domestic violence' can take many forms, including, but not limited to, use of intimidation, manipulation, isolation, coercion, fear, and/or violence, as well as other tactics of power and control to establish and maintain a relationship of dominance over an intimate partner, but it does not include acts of self-defense.

The following are examples of what form the domestic violence action may take, but are not an exhaustive list, merely illustrative:

• Attempting to commit or committing any criminal offense as defined by Tribal, State, or Federal law against an intimate partner
• Physically harming, attempting to physically harm, or placing an intimate partner in reasonable fear of physical harm to himself or herself. 
• Emotional or mental abuse of the intimate partner, including physical or mental intimidation, controlling activities, or using demeaning language
• Economic abuse of an intimate partner
• Causing an intimate partner to involuntarily engage in any activity, including, but not limited to, trafficking, sexual assault, and legal or illegal activities
• Preventing the petitioner from accessing services

Reasonable fear may be produced by behavior that induces fear in the petitioner, including, but not limited to, harassment, stalking, destruction of property, or harm to household pets.

The term 'family violence' means when someone does any of the following: 

• Physically harms or attempts to physically harm a person in a special relationship 
• Makes threats of physical harm against a person in a special relationship, which places that person in fear of harm
• Controls or intimidates another person in a special relationship through an ongoing pattern of emotional, financial, or verbal abuse 
• Commits or attempts to commit one or more of the following crimes (as defined by Tribal law, Alaska law, or Federal law), against another person in a special relationship: 
  • Arson or criminally negligent burning 
  • A crime against a person, including homicide, assault, reckless endangerment, kidnapping, custodial interference, sexual offenses, robbery, extortion, and interference 
  • Burglary 
  • Criminal trespass or criminal mischief 
  • Destruction, damage, or vandalism of property 
  • Disorderly conduct 
  • Harassment or stalking 
  • Terroristic threatening 
  • Violating a family violence order or protective order 
  • Weapons law violation
• The same or similar acts committed in domestic violence but directed towards a family or household member instead of an intimate partner or person in a special relationship. The dynamics of power and control may not be present.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the Tribal codes reviewed.

Defined in Criminal Laws

This issue is not addressed in the Tribal codes reviewed.

Persons Included in the Definitions
Citation: Tribal Code § 04.13.004

'Domestic violence' means acts described within this definition committed by a current or former spouse or intimate partner of the petitioner, by a person with whom the petitioner shares a child, by a person who is cohabitating with or has cohabitated with the petitioner as a spouse or intimate partner, or by a person 
similarly situated to a spouse of the petitioner.

'Family' or 'household member' means any of the following: 

• Persons who are related by blood, marriage, or adoption
• Minor children by blood, marriage, or adoption or who are part of the household
• Persons who reside or have resided together in the past who are not or have not been intimate partners 
• Persons who are related by blood or adoption, by clan, or are considered to be extended family under Tlingit & Haida custom and traditions

The term 'intimate partner' means any of the following: 

• Spouses or former spouses
• Persons who are or have been in a marital-like relationship, including same-sex relationships
• Persons who have a child in common, regardless of whether they have been married or have lived together at any time in a romantic relationship
• Persons who are dating or have dated in the past