Definitions of Domestic Violence - Cherokee Nation

Defined in Domestic Violence Civil Laws
Citation: Tribal Code Tit. 10, § 1407

'Family violence' means any act, or threatened act, of violence, including any forceful detention of an individual that results or threatens to result in physical or mental injury and is committed by an individual against another individual to whom such person is or was related by blood or marriage or otherwise legally related or with whom such person is or was residing.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the Tribal codes reviewed.

Defined in Criminal Laws
Citation: Tribal Code Tit. 21, §§ 1130; 1132; 1134

Any person who commits the crime of domestic violence assault and battery when he or she commits any assault and battery against any person listed below.

Any person commits the crime of domestic violence by strangulation when he or she commits any assault or assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation against any person listed below by means of a form of asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck.

'Emotional distress' means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

'Harassment' means conduct directed toward a person that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable person to suffer emotional distress and that actually causes emotional distress to the victim. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

'Unconsented contact' means any contact with another individual that is initiated or continued without the consent of the individual, or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following: 

• Following or appearing within the sight of that individual
• Approaching or confronting that individual in a public place or on private property
• Appearing at the workplace or the residence of that individual
• Entering onto or remaining on property owned, leased, or occupied by that individual
• Contacting that individual by telephone
• Sending mail or electronic communications to that individual
• Placing an object on or delivering an object to property owned, leased, or occupied by that individual

Persons Included in the Definitions
Citation: Tribal Code Tit. 21, §§ 1130; 1132; 1134

Assault is considered domestic assault when it is committed against any of the following: 

• A current or former spouse 
• The present spouse of a former spouse 
• A parent, foster parent, or child 
• A person otherwise related by blood or marriage 
• A person with whom the defendant is or who has been in a dating relationship 
• An individual with whom the defendant has had a child 
• A person living in the same household as the defendant
• A person who formerly lived in the same household as the defendant

'Member of the immediate family' means any spouse, parent, child, person related within the third degree of consanguinity or affinity, or any other person who regularly resides in the household or who has regularly resided in the household within the prior 6 months.