If my boyfriend attacks me, is it domestic violence?

Question

i had called the police on my boyfriend because he had attacked me and stolen my car keys. the officer told me that it would not be considered domestic violence because we dont live together and we dont share a child. but i talked to a rep at the restraining order place today and she told me that he could be charged with domestic violence. who is most accurate here?

let me clarify, i broke up with him the other day and he's not taking it too well. he met me at my house unnannounced last night. he was beating on my car but i wouldnt get out. then my daughter came home and i had to get out. he attacked me shortly after that.

i am in WI

Answer 1

I stand corrected: My initial impression was that domestic violence refers only to violence in the home; domestic -> domicile which means the place of residence. But, in fact, domestic violence has a very broad definition which seems to include what you have described (see sources below) WITHOUT the condition of living together.

Now assault may be in order, and the degree of the assault depends on the level of violence. Grabbing your keys and pushing you away is much different than knocking you out and taking your keys, but a restraining order is simple enough once it is established that there exists the threat of future force or violence upon you. Charging him with assualt should be considered carefully with respect to the degree of its classification. Charge him with theft of a vehicle, too (the title is in your name, right?).

Oh yeah, and listen to the answers above and dissolve all ties with him and all guys like him.

Answer 2

In my experience, "domestic violence" is not a chargeable offense, but is a description of circumstances in which various other types of crimes, such as assault, battery, etc., may be committed. When those crimes are committed against certain classes of people, the punishment becomes greater. For example, in California, a battery is more serious if committed against a very broad class of people in this context: spouse, former spouse, cohabitant, parent of the defendant's child, fiance, or a person with whom the defendant has or formerly had a "dating relationship" or engagement. (Cal. Penal Code section 243, subd. (e).) Although this is generally termed "domestic violence," as you can see the two people need not be living together, or even seeing each other, for this to apply.

That said, however, my own very quick research in Wisconsin law did not come up with that sort of a statute there (that is not to say for sure that there is not, I just could not find it). However, that does not mean that the person committed no crime. A battery is still a battery no matter who the victim may be, as is a theft.

Answer 3

If you don't live with him it can't be considered domestic violence, but if he attacked you it's simple assault at the very least (could be assault and battery), and that's also a crime. Trust the police -- they have to know the law because they are charged with enforcing the law. The reps who hand out restraining orders are "armchair lawyers" at best. Whatever you do, keep that restraining order in place and stay away from loser-boy. He'll try to come back and apologize to you and tell you that he loves you and he's sorry and he'll never do it again -- all abusers do -- so don't buy his line of crap. He DOESN'T love you (if he did he never would have attacked you in the first place), he is NOT sorry (he's only sorry you called the police on him), and he WILL DEFINITELY do it again if you let him. Don't. Kick his stupid sorry abusive @$$ to the curb.

Answer 4

Whether the offense would be categorized as domestic violence or not, it should have been regarded as an assault at the very least and probably car theft. You should also refer to him as your former boyfriend! No one, no one has right to strike out at their mate and/or child. You should proceed with the restraining order and tell him goodbye. I should note that it is not always clear from one side of the story what provocation existed, if any, for the altercation. Regardless of what caused the event, you should not continue in this relationship without separation and counseling. Aggressive actions are usually deeper seated than just an individual event.

Answer 5

In NY it would not be considered domestic violence because you don't live together. Having a child together is not necessary for it to be domestic violence. Thankfully you don't have one. I am more curious why you still call him your "boyfriend". I would hope that he is you ex-b/f. You deserve better.
Now, the police can arrest him for assaulting you and for stealing your car (keys). Did he take the car? If you want to pursue this go to the police precinct and ask to file a report. They shouldn't be refusing to take one. (Unless there is more to this than you mentioned).

Answer 6

Its unfortunate that people like simplydelicious can be so ignorant. In some states, this may be domestic violence, in others it is not. In SC, the officer would be correct, since you do not live together or have a child together. It depends on the definition in your state's laws. This is what I found after a quick search of your state's laws:

46.95(1)(a)
(a) "Domestic abuse" means physical abuse, including a violation of s. 940.225 (1), (2) or (3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.


46.95(1)(b)
(b) "Family member" means a spouse, a parent, a child or a person related by blood or adoption to another person.


46.95(1)(c)
(c) "Household member" means a person currently or formerly residing in a place of abode with another person.

This comes directly from your state's legislative website.
It appears from this definition that the officer is correct.

Answer 7

1) In California (the only state I can speak for), if you dont cohabitate together, its not DV. Its Battery.

2) If he stole your keys from inside your house its burglary (as long as you can articulate that he had a specific intent of entering a domicile for the purpose of stealing the keys. If he stole the car as well, then tack on Grand Theft - Auto as well.

My advice: go to the police station and file a report. Take that report, go across the street to the courthouse, and get a TPO (Temporary Protective Order) filed (the police report you filed will help).

Good luck. Whatever you do, dont go back to that relationship...you have your daughter to think about. I'm no preacher, so I will get off my soapbox...but you know the right thing to do.

Answer 8

The charge would be A & B because in the State of Michigan you would have to live with him or share a child. The Police Officer is correct.

Answer 9

I think you should do some more investigating. Call the police Dept. and ask to speak with a different officer. This IS considered domestic violence.

Answer 10

You don't say which state you reside in, however, most states, including my own, specify that if a boyfriend, spouse, or even former spouse become involved in a situation resulting in "domestic violence" then an offense has occurred despite that fact that they do or don't live there!