TITLE 39

HEALTH AND SAFETY

CHAPTER 63

DOMESTIC VIOLENCE CRIME PREVENTION

39-6303.  Definitions. (1) "Domestic violence" means the physical injury, sexual abuse or forced imprisonment or threat thereof of a family or household member, or 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.

(2)  "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:

(a)  The nature of the relationship;

(b)  The length of time the relationship has existed;

(c)  The frequency of interaction between the parties; and

(d)  The time since termination of the relationship, if applicable.

(3)  "Family member" means spouses, former spouses and persons related by blood, adoption or marriage.

(4)  "Family dwelling" is any premises in which the petitioner resides.

(5)  "Foreign protection order" means a protection order issued by a tribunal of another state.

(6)  "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.

(7)  "Judicial day" means any day upon which court business may be transacted as provided in sections 1-1606 and 1-1607, Idaho Code.

(8)  "Protection order" means any order issued for the purpose of preventing violent or threatening acts or acts of harassment against, or contact or communication with, or physical proximity to, another person, where the order was issued:

(a)  Pursuant to this chapter;

(b)  In another jurisdiction pursuant to a provision similar to section 39-6306, Idaho Code; or

(c)  In any criminal or civil action, as a temporary or final order (other than a support or child custody order), and where the order was issued in a response to a criminal complaint, petition or motion filed by or on behalf of a person seeking protection, and issued after giving notice and an opportunity to respond to the person being restrained.

(9)  "Respondent" means the individual against whom enforcement of a protection order is sought.

History:

[39-6303, added 1988, ch. 341, sec. 1, p. 1014; am. 1989, ch. 136, sec. 2, p. 306; am. 1999, ch. 330, sec. 2, p. 889; am. 2000, ch. 136, sec. 1, p. 355; am. 2002, ch. 213, sec. 1, p. 587; am. 2002, ch. 331, sec. 1, p. 937; am. 2003, ch. 16, sec. 9, p. 55.]