Definitions of Domestic Violence - Kansas

Date:

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 60-3102

'Abuse' means the occurrence of one or more of the following acts between intimate partners or household members:

  • Intentionally attempting to cause bodily injury, or intentionally or recklessly causing bodily injury
  • Intentionally placing, by physical threat, another in fear of imminent bodily injury
  • Engaging in any sexual contact or attempted sexual contact with another person without consent or when such person is incapable of giving consent
  • Engaging in any of the following acts with a minor under age 16 who is not the spouse of the offender:
    • The act of sexual intercourse
    • Any lewd fondling or touching of the person of either the minor or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the minor or the offender, or both

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. § 21-5414

The term 'domestic battery' means the following:

  • Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member
  • Knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner

The term 'aggravated domestic battery' means the following:

  • Knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck, or chest of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner
  • Knowingly impeding the normal breathing or circulation of the blood by blocking the nose or mouth of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner

Persons Included in the Definition

Citation: Ann. Stat. §§ 21-5414; 60-3102

In criminal law: 'Family or household member' means persons age 18 or older who are any of the following:

  • Spouses or former spouses
  • Parents or stepparents and children or stepchildren
  • Persons who are presently residing together or who have resided together in the past
  • Persons who have a child in common regardless of whether they have been married or have lived together at any time

'Family or household member' also includes a man and woman if the woman is pregnant and the man is alleged to be the father regardless of whether they have been married or have lived together at any time.

In civil law: 'Intimate partners or household members' means persons who are or have been in a dating relationship, persons who reside together or who have formerly resided together, or persons who have had a child in common.

In civil and criminal law: 'Dating relationship' means a social relationship of a romantic nature. A dating relationship shall be presumed if a plaintiff verifies that such relationship exists. In addition to any other factors the court deems relevant, the court shall consider the following factors in determining whether a relationship exists or existed:

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