Definitions of Domestic Violence - Eastern Band of Cherokee Indians

Defined in Domestic Violence Civil Laws
Citation: Tribal Code § 50B-2

'Causing emotional distress' means engaging in conduct that the respondent or defendant knows or has reason to know would cause the petitioner (or would cause the person on whose behalf the petition is filed) emotional distress and does in fact cause emotional distress to the person. Examples of conduct that may cause emotional distress include, but are not limited to, the following:

• Creating a disturbance at a person's place of employment, residence, school, or other place occupied by the person
• Repeatedly telephoning, emailing, or faxing, to a person's place of employment or residence, or otherwise seeking to communicate with the person, either directly or through a third party
• Repeatedly keeping a person under surveillance by remaining present outside his or her residence, school, place of employment, vehicle, or other place occupied by the person or by peering in the windows
• Improperly concealing a minor child from a person with sole or joint custody of the minor, repeatedly threatening to improperly remove the person's minor child from the jurisdiction or from his or her physical care, repeatedly threatening to conceal the person's minor child or making a threat following an actual or attempted improper removal or concealment, unless the removal or attempted removal was made while fleeing from an incident or pattern of domestic violence
• Threatening physical force, confinement, or restraint

'Causing fear of the infliction of physical harm, bodily injury, or assault' means any act, including, but not limited to, harassment, psychological abuse, or the utterance of verbal threats, that causes a person to reasonably fear physical harm, bodily injury, or death.

'Causing physical harm or bodily injury' includes, but is not limited to, causing physical pain, serious illness, or an impairment of a physical condition.

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 § 50B-2

'Domestic violence' occurs when a person commits one of the following acts against an intimate partner or against a member of such intimate partner's family or household, not including acts of self-defense:

• Attempting to cause bodily injury or intentionally causing physical harm, bodily injury, or assault to an intimate partner or to a member of such intimate partner's family or household, or to an animal of such intimate partner
• Placing an intimate partner or a member of the intimate partner's family or household in fear of the infliction of physical harm, bodily injury, or assault
• Forcing an intimate partner or a member of the intimate partner's family or household to engage in sexual activity by force, threat of force, or duress
• Attempting to cause or causing emotional distress to an intimate partner or to a member of such intimate partner's family or household
• Willfully violating a court order intended to protect the intimate partner or a member of such person's family or household
• Committing one of the following offenses against an intimate partner or against a family or household member of such intimate partner:
  • Injuring real property
  • Injuring telephone, wires, or other communication equipment; interfering with emergency communication 
  • Criminal trespass
  • Burglary; breaking and entering
  • Criminal mischief; arson
  • Assault; maiming
  • Discharging a firearm into an occupied building
  • Harassment; telephone harassment
  • Kidnapping; false imprisonment; custodial interference
  • Homicide
  • Sex offenses, including rape, taking indecent liberties with children, aggravated sexual abuse, sexual abuse, sexual abuse of a minor or ward
  • Stalking
  • Communicating threats
  • Weapons law violations
  • Cruelty to animals when such cruelty is inflicted on an animal belonging to or residing in the household of the intimate partner or family member
  • Robbery; robbery with a dangerous weapon

Persons Included in the Definitions
Citation: Tribal Code § 50B-2

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

• Current or former spouses
• Persons who live together or have lived together and are or were in a dating relationship while living together
• Persons who are related as parents and children, including persons acting in loco parentis to a minor child, or as grandparents and grandchildren
• Persons who have a child in common or who are expecting a child together
• Persons who are current or former household members
• Persons who are in a dating relationship or have been in a dating relationship
• Persons who have engaged in an ongoing sexual relationship

For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild who is younger than age 16.

For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.