Definitions of Domestic Violence - Nebraska

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. § 42-903

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

• Attempting to cause or intentionally and knowingly causing bodily injury with or without a dangerous instrument
• Placing, by means of credible threat, another person in fear of imminent bodily injury
• Engaging in sexual contact or sexual penetration without consent, as defined in § 28-318

For purposes of this subdivision, 'credible threat' means a verbal or written threat, including a threat performed through the use of an electronic communication device or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct that is made by a person with the apparent ability to carry out the threat, so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat shall not prevent the threat from being deemed a credible threat under this section.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Rev. Stat. § 28-323

A person commits the offense of 'domestic assault in the third degree' if he or she does any of the following:

• Intentionally and knowingly causes bodily injury to his or her intimate partner
• Threatens an intimate partner with imminent bodily injury
• Threatens an intimate partner in a menacing manner

A person commits the offense of 'domestic assault in the second degree' if he or she intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument.

A person commits the offense of 'domestic assault in the first degree' if he or she intentionally and knowingly causes serious bodily injury to his or her intimate partner.

Persons Included in the Definition

Citation: Rev. Stat. §§ 42-903; 28-323

In civil law: 'Family or household members' includes the following:

• Spouses or former spouses
• Children
• Persons who are presently residing together or who have resided together in the past
• Persons who have a child in common whether or not they have been married or have lived together at any time
• Other persons related by consanguinity or affinity
• Persons who are presently or who have been involved in a dating relationship with each other

'Dating relationship' means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context.

In criminal law: 'Intimate partner' means any of the following:

• A spouse or former spouse
• Persons who have a child in common whether or not they have been married or lived together at any time
• Persons who are or were involved in a dating relationship

'Dating relationship' means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context.