Kevin J. Waite, P.C.

The easy part is usually whether the conduct in question comes within the definition of “domestic violence.” (That is not our topic here.)  A separate question (and the one for this blog) is whether the relationship between the victim and the perpetrator is the kind that qualifies this victim to obtain a protection order against this perpetrator.  The statute is confusing, at least as applied to some situations.

If both persons are either “family members” or “household members” with each other, or have or have had a “dating relationship” with each other, one can get a protection order against the other, assuming the right facts are alleged.  “Family member” is defined as “spouses, former spouses and persons related by blood, adoption or marriage.”  Spouses and former spouses are the easy ones.  Persons related to you by blood or marriage seems obvious.  But how far does that go? Your fourth cousin twice removed is technically related to you by blood.  But does the statutory definition really stretch that far?

“Household member” is similarly defined.  It 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.” Your live-in “significant other” is covered.  So is your former one.  So is the person with whom you had that one-night stand at a hotel, that memorably produced a child.  But while a woman is still pregnant on account of a one-night stand, are she and the man yet “household members” under the statutory definition?

The most problematic of the statutory definitions is “dating relationship,” defined as “a social relationship of a romantic nature,” illustrated by factors such as the nature of the relationship; the length of time the relationship has existed; the frequency of interaction between the parties; and the time since termination of the relationship if applicable.  Does a first date that ends in violence qualify?  What about two dates?  What about a violent encounter with an old beau or belle at your 25^th high school or college reunion?  How “romantic” does or did the relationship need to be to qualify as “romantic in nature?” Remember that one-night stand at a hotel?  If it did not produce a child, did it qualify as a “dating relationship?”

Some of these situations are far-fetched.  But odd ball facts sometimes do occur, and they at least illustrate the problems in determining how far a statute can be stretched.  A fight with someone you know may or may not qualify for a Protection Order.