Definitions of Domestic Violence - Idaho

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Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 39-6303

'Domestic violence' means the physical injury, sexual abuse, or forced imprisonment or threat thereof of a family or household member, of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. § 18-918

'Traumatic injury' means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.

Any household member who, in committing a battery as defined in § 18-903, inflicts a traumatic injury upon any other household member is guilty of a felony.

A household member who commits an assault, as defined in § 18-901, against another household member that does not result in traumatic injury is guilty of a misdemeanor domestic assault.

A household member who commits a battery, as defined in § 18-903, against another household member that does not result in traumatic injury is guilty of a misdemeanor domestic battery.

Persons Included in the Definition

Citation: Ann. Stat. §§ 39-6303; 18-918

In civil law: 'Family member' means spouses, former spouses, and persons related by blood, adoption, or marriage.

'Household member' means persons who reside or have resided together and persons who have a child in common regardless of whether they have been married or have lived together at any time.

'Dating relationship,' for the purposes of this chapter, is defined as a social relationship of a romantic nature. Factors that the court may consider in making this determination include the following:

  • The nature of the relationship
  • The length of time the relationship has existed
  • The frequency of interaction between the parties
  • The time since termination of the relationship, if applicable

In criminal law: 'Household member' means a person who is a spouse, former spouse, or a person who has a child in common regardless of whether they have been married, or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife.