Definitions of Domestic Violence - Pascua Yaqui Tribe

Defined in Domestic Violence Civil Laws

This issue is not addressed in the Tribal codes reviewed.

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 Tit. 4, § 1-1305

'Domestic violence' means any act that is a dangerous crime against children as defined in title 4, § 2-205 or any of the following offenses committed against any person listed below:

• First degree murder, second degree murder, manslaughter, or negligent homicide
• Abandonment of a child
• Abuse of a minor
• Negligent care of a dependent person or exploitation of an elderly person
• Custodial interference
• Assault or aggravated assault 
• Endangerment or kidnapping
• Harassment or aggravated harassment  
• Unlawful imprisonment, stalking, threatening or intimidating a person, or disorderly conduct
• Sexual assault, sexual assault of a spouse, or child abuse
• Tampering with communications, criminal trespass, or criminal damage
• Aggravated domestic violence
• Cruelty and neglect of animals

Persons Included in the Definitions
Citation: Tribal Code Tit. 4, § 1-1305

The crimes listed above are considered domestic violence if any of the following apply:

• The relationship between the victim and the defendant is one of marriage, former marriage, or of persons residing or having resided in the same household.
• The victim and the defendant have a child in common.
• The victim or the defendant is pregnant by the other party.
• The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law.
• The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or has resided in the same household as the defendant.
• The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. 

The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:

• The type of relationship
• The length of the relationship
• The frequency of the interaction between the victim and the defendant
• If the relationship has terminated, the length of time since the termination

'Dating partners' means persons who are or have been in a social relationship of a romantic or intimate nature as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

'Intimate partners' means spouses, former spouses, persons who are or have been in a marital-like relationship, including same-sex relationships, or persons who have a child in common, regardless of whether they have been married or have lived together at any time in a romantic relationship.