Twitter Sized: The Law in Book Five: Working Through the Maze 2018

Some days I think “Wow, I can’t believe I’m paid to do this job!” Other days I think, “Okay, jackass, don’t you think you’re being a little much here?”

We have depositions and trials scheduled all over the place. No big deal. But I also have to make sure new charges are being filed properly in court. As a Domestic Violence Prosecutor, when I charge a Defendant with a Domestic Violence Crime; the charging document must establish the nature of the relationship in order to be considered “domestic.”

One charging document I sent in listed the defendant and victim as “being in an intimate relationship”.
One charging document I sent in listed the defendant as the victim’s boyfriend.

Does that establish the nature of the relationship? I sure thought so. What does Iowa law say?

Iowa Code Section 236.2
2. “Domestic abuse” means committing assault as defined in section 708.1 under any of the following circumstances:
a. The assault is between family or household members who resided together at the time of the assault.
b. The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault.
c. The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.
d. The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault.
e. (1) The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors:
(a) The duration of the relationship.
(b) The frequency of interaction.
(c) Whether the relationship has been terminated.
(d) The nature of the relationship, characterized by either party’s expectation of sexual or romantic involvement.
(2) A person may be involved in an intimate relationship with more than one person at a time.

So… does “intimate relationship” or “her boyfriend” establish a domestic relationship? I would tend to think so. The judge disagrees. He returned, technically rejected, both charging documents as being insufficient to establish a domestic relationship.

So… yeah. Prosecuting Domestics is tough enough with victims who refuse to testify, political pressures saying we should never dismiss a case for lack of witnesses, and the fuckery of a defendant controlling the case until trial. I now have to jump through extra hoops to prove conclusively enough for the Judge that “intimate relationship” or “boyfriend” is, in fact, a domestic relationship.