Ohio Domestic Violence Law: Federal Laws

Strangulation and suffocation are federal crimes.

The term “intimate partner” means spouse, former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.
This is the "boyfriend loophole". Meaning that boyfriends who don't live with victim, can't be prohibited from carrying a gun. Partially closed by the Bipartisan Safer Communities Act. Abusers convicted of dating violence will no longer be able to possess or receive firearms. However, dating partners subject to final protective orders are not covered.

Prohibits "an intimate partner" who has a CPO against him or her from owning or purchasing a firearm.

Interstate domestic violence is a federal crime.

Interstate stalking is also a federal crime.

Interstate violation of protection order is a federal crime.

Full faith and credit given to protection orders issued in all states, territories, DC and tribal lands

Driver's Privacy Protection Act ( part of the Violence Against Women Act)

Use of Federal Parent Locator Service in connection with enforcement or determination of child custody in cases of parental kidnaping of child

May be used to hold law enforcement liable for not enforcing CPOs.

Reauthorized as of March 2022. Reclassified as 34 USC Secs. 12291- 20125

SSA publication 05-10093, ICN 468615, July 2021

New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.

The Supreme Court considered the constitutionality of 42 U.S.C. §13981, part of the Violence Against Women Act, which provided a federal civil cause of action to any victim of gender-motivated violence. Analyzing §13981 according to the framework delineated in United States v. Lopez, the Court held that gender motivated violence is not a commercial activity and is not substantially connected to interstate commerce, rendering the statute invalid under the Commerce Clause. The Court further determined that, since it targeted private actors, §13981 was outside the scope of the Fourteenth Amendment.

Domestic violence shelters that receive federal funds must abide by these confidentiality provisions.

Women's Legal Defense and Education Fund. Abusers convicted of dating violence will no longer be able to possess or receive firearms. However, dating partners subject to final protective orders are not covered.

US Supreme Court has granted cert. US Ct of Appeals for the 5th Circuit strikes down 18 USC 922 which prohibits possession of firearms while subject to a domestic violence-related restraining order; holds it violates the Second Amendment under US Supreme Court decision Bruen.

Ohio Capital Journal 11/8/23

NBC News 6/18/23