Definitions of Domestic Violence - Kentucky

Date:

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 403.720

'Domestic violence and abuse' means physical injury, serious physical injury, stalking, sexual abuse, strangulation, or assault or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault between family members or members of an unmarried couple.

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. §§ 508.030; 508.032

A person is guilty of assault in the fourth degree when he or she intentionally or wantonly causes physical injury to another person or he or she with recklessness causes physical injury to another person by means of a deadly weapon or a dangerous instrument. Assault in the fourth degree is a class A misdemeanor.

If a person commits a third or subsequent offense of assault in the fourth degree under § 508.030 within 5 years, and the relationship between the perpetrator and the victim in each of the offenses meets the definition of family member or member of an unmarried couple, as defined in § 403.720, then the person may be convicted of a class D felony.

Persons Included in the Definition

Citation: Ann. Stat. § 403.720

'Family member' means a spouse, including a former spouse, a grandparent, a grandchild, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim.

'Member of an unmarried couple' means each member of an unmarried couple that allegedly has a child in common, any children of that couple, or members of an unmarried couple who are living together or have formerly lived together.