Supreme Court ruled that generic misdemeanors (like battery or assault) can qualify as MCDV if the government can prove the offender and victim had a domestic relationship as defined by federal law. Many people wonder whether a statute has to specifically define an offense as "domestic violence" for the federal firearm ban to apply. Critics referred to this discrepancy as the "boyfriend loophole." In 2022, a new federal gun law took effect that, among other things, closed the so-called "boyfriend loophole" by expanding the existing domestic violence restrictions to cover dating relationships. Courts often look to factors like the length of a relationship, expectations of sexual intimacy and monogamy, shared household duties, and financial support.įor many years, courts and ATF regulations made clear that live-in partners are "similarly situated" to spouses, but more casual dating partners are probably not. The prosecution must prove a qualifying domestic relationship between the defendant and the victim beyond a reasonable doubt. be a person who has a current or recent former dating relationship with the victim.be "similarly situated" to a spouse, parent, or guardian of the victim (for example, a live-in girlfriend), or.be a current or former cohabitant with the victim as a spouse, parent, or guardian.share a child in common with the victim.be a current or former spouse, parent, or guardian of the victim.157 (2014).) What Qualifies as a Domestic Relationship?įederal law narrows MCDV convictions to only those involving certain domestic relationships. Reckless conduct can also count (say throwing a plate at a wall where glass shards could easily hit and injure an intimate partner). Offenders who unsuccessfully attempt to use physical force (say a wife who swings her fist and barely misses her husband's face) or threaten the use of a deadly weapon (say a man who flashes a gun at his live-in girlfriend and says he is going to shoot her) might also be guilty of an MCDV. The offender doesn't have to cause bodily harm or even pain: Slight touching (scratching, slapping, grabbing) done in a rude or angry way can qualify as an MCDV. Generally speaking, the degree of physical force required is the same as what's required for a typical battery conviction-offensive touching. Whether the misdemeanor qualifies will depend on state law. the attempted use of physical force, orĮxamples of such crimes include assault, battery, child abuse, criminal threats, reckless discharge of a firearm, reckless endangerment, sexual assault, and strangulation.To be considered an MCDV, the offense must require the prosecution to prove: Let's review the MCDV requirements in more detail. Basically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. Supreme Court has interpreted the meaning of MCDV broadly. This provision is commonly referred to as the Lautenberg Amendment. Lawmakers expanded the list of "prohibited persons" to include those convicted of an MCDV in response to the number of domestic abuse offenders who were pleading felony charges down to misdemeanors to escape felon-in-possession restrictions. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. You should not send any sensitive or confidential information through this site. Your number will be held in accordance with our Privacy Policy. You will receive up to 2 messages per week from Martindale-Nolo. Attorneys have the option, but are not required, to send text messages to you. You are not required to provide consent as a condition of service. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms.
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