Domestic Violence

ABCs of Domestic Violence

A Primer for Lawyers handling these Difficult Cases

Dan Reeves, Circuit Judge, Shelby Co.

The goal of this presentation is to take a step back and get a broad overview of the essential parts of handling domestic violence cases. The primary focus will be toward the intersection of civil protection orders and criminal charges arising out of intimate partner relationships and the unique aspects associated with the defense of persons charged with family violence.

There are statutes addressing domestic violence issues scattered throughout the Code of Alabama as well as a number of federal statutes. This presentation will focus on the following:

• Domestic Violence Crimes. §13A-6-130-136
• Bail for Domestic Violence Offences. §15-13-190
• Protection from Abuse Act, §30-5-1 through §30-5-11
• Family Violence Protection Order Enforcement Act, §30-5A-1 through 30-5A-7,
• Child custody and domestic violence, Code of Alabama  §30-3-130 -136
• The Lautenberg Amendment to the Federal Gun Control Act of 1968. § 18 USC 922

The first thing you may have noticed is the phrase intimate partner relationship. Exactly what does that mean? The Model Code on Domestic and Family Violence (a project of the National Council of Family and Juvenile Court Judges) defines the relationship as:

• Current or former spouses, persons who are or have lived together
• Persons who are or have dated
• Persons  who are or have engaged in a sexual relationship
• Persons who are related by blood or adoption
• Persons who are or have been related by marriage
• Persons who have a child in common^[1]

All of the states have adopted various definitions. Some are limited to current or former spouses and some even include foster parents.^[2]

Alabama has adopted nearly all of the Model Code but has not always been consistent with the definition of the relationship of the parties. The definition of the protected class of persons is different between the crime of domestic violence (§13A-6-130 Code of Alabama) and civil protection orders, known as Petitions for Protection From Abuse (PFA) (§ 30-5-1 et seq. Code of Alabama). The crime of domestic violence includes a dating relationship but not those related by blood or marriage; whereas a PFA allows the latter but not the former.  The state of Minnesota has made some attempt at defining an intimate relationship: