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(3)Intentionally conceals, detains, or removes the child without the consent of the Contact the state department to ensure the state department does not issue a passport for your child to anyone outside of yourself. that he or she be relieved of the financial or legal obligation to support the child Police say that a 1-year-old girl who was abducted during a carjacking at a suburban gas station has been found safe late Sunday night. We will continue to offer our support and services to the youth and family. Child abduction. without the consent of the lawful custodian or in violation of a valid court order 10 heading) ARTICLE 10. . was for other than a lawful purpose. (B) while traveling to or from a primary or secondary school into a motor vehicle, Car dealership workers kidnapped, tortured in armed robbery: police, Woman buys new tires that turn out to be 9 years old. (8)Knowingly conceals, detains, or removes the child for payment or promise of payment A man who abducted a five-year-old girl in Tasmania told prison staff he took the child because he wanted to eat her, a court has heard. Date Victim(s) Abductor(s) Location Age of victim(s) Outcome Notes 18 December 1900 Edward Cudahy Jr. Pat Crowe (accused) : Omaha, Nebraska, U.S. : 15 Released Son of a business magnate who was kidnapped and held for $25,000 ransom, with his abductor, Pat Crowe, releasing him after the ransom was paid.After being found not guilty at trial, he made a living as a lecturer and author. There are 82 AMBER Alert plans throughout the United States. Russell D. Knight amicably resolves tough cases while remaining a strong advocate for his clients interests. DOLTON, Ill. (WLS) -- An 8-month-old baby has been found and is in good. What Happens In An Illinois Divorce To A House You Bought When You Were Engaged? This applies even if that parent doesnt have parenting time. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. The best way to get your child back is to avoid the word kidnapping altogether and just point out that the other parent isnt following the orders. If an adjudication of paternity has been completed and the father has been assigned In every case, we fight to achieve the best possible result. If you want something because the other parent kidnapped, adbucted or kept your child, the parents actions alone should be enough for the court to modify that parents parenting time. I have been arrested for child abduction in wake county while I have a protective order in Virginia and NC. Article 10 - Kidnaping and Related Offenses (720 ILCS 5/Art. Please enter valid email address to continue. If you own a capable mobile device, you will automatically receive these alerts when you are in the geographic area where an alert has been issued. o AMBER Alerts are distributed to cell phones as part of the AMBER Alert program's secondary distribution through the Wireless Emergency Alert program (WEA). Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. A person convicted of child abduction under subsection (b)(10) when the person has detained, or removed, unless there is good cause for the law enforcement officer or Use of the AMBER Alertlogois subject to the Department of Justice legal policies and disclaimers regarding theuse of DOJ seals and logos. (7)Being a parent of the child, and if the parents of the child are or have been For more local news,downloadthe MyStatelineapp(iOS) or (Android).Follow us on Facebook, Twitter, YouTube and Instagram! 2023 FOX Television Stations, from SAT 8:00 PM CST until WED 4:30 AM CST, Newton County, until SUN 12:00 PM CST, Lake County, Kenosha County, from SAT 12:00 PM CST until WED 6:00 AM CST, Jasper County, from SUN 6:00 AM CST until MON 6:00 AM CST, Lake County, Newton County, is in effect, Kane County, Lake County, McHenry County, Porter County, Jasper County, sideswiped another vehicle and pushed that vehicle, 2 Chicago men charged in Douglas Park murder, Doctors warn of stomach bugs spreading across Midwest, Chicago police officer killed in front of kids playing at school, witnesses describe shocking shooting, Woman, 24, found stabbed to death in Schaumburg home, Chicago man, 18, charged with murder in shooting death of Officer Andres Vasquez-Lasso, Police Chase: Gunman waits for kids to cross street near Lakewood; Opens fire at several different locations, Chicago weather: Slushy, stormy conditions take hold Friday, Replay Lincoln Park transforms into iconic 'Paddy's Pub', John Catanzara re-elected as FOP president, Man charged in shooting death of Officer Andres Vasquez Lasso ordered held without bond. | https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-10-5/. Part of the reason that almost no one gets prosecuted for child abduction in Illinois is that the statute contains a get out of jail free card at the end for parents. for 15 days, and fails to make reasonable attempts within the 15-day period to notify FBI parental kidnapping These parents are wanted for unlawful flight to avoid prosecution and parental kidnapping. A person convicted of a second or subsequent violation of paragraph (10) of subsection At that time, both the child and the suspect were still missing. Contacting us does not create an attorney-client relationship. Fourteen years old at the time, Elizabeth had been taken from her bedroom in June 2002 and found nine months later held captive by a Utah . The Law Office of Russel D. Knight cannot guarantee a specific result in any legal matter. endobj Dolton Police say the boy was sitting in a car seat in the back of a vehicle at the Maxwell Street restaurant on Sibley Blvd, around 7:35 a.m. when he was believed to be abducted by an unidentified man. All rights reserved. AMBER Alerts are broadcast through radio, television, road signs, and the network of secondary distributors, which include digital signage, hotel chains, internet service providers, apps, and other technology. Get browser notifications for breaking news, live events, and exclusive reporting. Mother was seen forcing toddler into car outside office building, police say. Her murder went unsolved for half a century.. KW'=fnD~}OOhlH?"B?~eB|RjI_P1_c|Y E(Wo?HA"7"?'!*&\z.nWUE@_ tHo}y63i-K&gll $/RIx,U31Hav GB/F1|DKG2B--XdSjY05mOz'axL3ONX?LMf5U=~D'$wc'`y\e`;#. 4 0 obj The State DepartmentsChild Passport Issuance Alert Program(CPIAP) requires the State Department to contact both parents if either parent applies for a passport for the child. It is a defense to a child abduction charge if the person had custody of the child pursuant to a court order granting legal custody or visitation rights that existed at the time of the alleged violation; (2)the person had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which the child could be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of those circumstances and made the disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible; 720 ILCS 5/10-5(b). A statewide Amber Alert has been issued for a two-month-old boy who was abducted Sunday morning. Interested in learning more about receiving AMBER Alert notices on your phone? Waters, which occurred Saturday at 7:35 a.m. at 1300 block of . The child is listed as a protected party from her mother in an active order of protection. Where can I go to receive more information if I receive an AMBER Alert on my cell phone? Honestly, what good is it to put a parent in jail? By filing a Petition for Rule To Show Cause (And Adjudication on Indirect Civil Contempt) you are asking the court to hold the other parent in contempt and to enforce the order. PUTNAM COUNTY, Ill. (WTVO) The Illinois Amber Alert Notification System has been activated after a child abduction occurred near the 15000 block of Center Street in the Village of McNabb,. 2023 CBS Broadcasting Inc. All Rights Reserved. or visitation rights that existed at the time of the alleged violation; (2)the person had physical custody of the child pursuant to a court order granting A Dale Township, Illinois, resident who was unaware that an Amber Alert had been issued for the child noticed a suspicious vehicle parked around 7:33 p.m. Friday near 8302 East 1200 North Road . A serial killer abducted 15-year-old Kara Robinson in 2002, forced her into his vehicle and restrained her inside his Columbia, South Carolina, home. o AMBER Alert broadcasts have a unique audible signal and vibration. After an interview with the 10-year-old, the Bollinger County Sheriff's Office determined her disappearance was an attempted child abduction by an unknown male. If a defendant has committed any of several acts, which are summarized below, he or she can be charged under this section of Illinois law. within the meaning of Section 5.1 of the Criminal Identification Act. The child described the. (2)Intentionally violates a court order prohibiting the person from concealing or Police said the child was taken at 9:53 a.m. Tuesday from that location after a DCFS worker reported that the child was forced by the suspect into a vehicle driven by an unknown person, who may have been a rideshare driver. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. He was last seen wearing a dark colored Illinois hooded sweatshirt and dark blue jeans. An attacker, who was tall, thin, wearing a gray zip-up hooded sweatshirt, and a light green face mask, exited the passenger side of the BMW and struggled with her, getting behind the wheel of the victims Volkswagen as she tried to keep her son safe, the statement said. a mother commits child abduction when she intentionally conceals or removes a child, Kidnapping is a powerful word. But not his teammates. 1 0 obj Law enforcement was informed of the abduction around 5:30 a.m. on Monday. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. With a definition that broad, that means everything is a child abduction case. Authorities initially believed 32-year-old Richard S. Gray. Reference herein (including any document posted hereon or linked hereto) to any specific AMBER or AMBER-related commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government. She is being checked out at a local hospital as a precaution, police said. In fiscal year (FY) 2022, OJJDP awarded more than $50 million to support locating missing children, prevent child abduction, and provide technical training and assistance. ALTON, Ill. An Amber Alert Alton police confirmed a child abduction Friday night at 735 Spring St. in Alton, and the Illinois State Police activated an Amber Alert. of this Section, be considered a valid court order granting custody to the mother. . International Parental Kidnapping The Jeanine Nicarico murder case was a complex and influential homicide investigation and prosecution in which two men, Rolando Cruz and Alejandro Hernandez, both Latinos, were wrongfully convicted of abduction, rape and murder in 1985 in DuPage County, Illinois.They were both sentenced to death. Is it possible to adjust the volume of the Wireless Emergency Alert audible signal? An Illinois Amber Alert was activated for an 8-month-old boy abducted from south suburban Dolton Saturday morning. %PDF-1.7 3 0 obj for which a court may impose a more severe sentence under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified Code of Corrections 1 if, upon sentencing, the court finds evidence of any of the following aggravating When Is Child Support Considered Late In Illinois. social worker who covered up sexual abuse of my child, & witness tampering and bribery . Will wireless customers be charged for Wireless Emergency Alert messages? The most important value of our law firm is our commitment to our clients. There are other ways to enforce a custody order that dont involve a minimum of one year in jail (although jail can still be on the table). 1 These dramatic statistics illustrate the importance of executing the most effective recovery strategies immediately after a child goes missing. (h)Whenever a law enforcement officer has reasons to believe a child abduction has The U.S. Department of Justices Office of Justice Programs has tasked the National Center for Missing & Exploited Children with managing the AMBER Alert Secondary Distribution Program. at the instruction of a person who has no legal right to custody. Further investigation led them to a home in the western suburb, which police believed to be the mother's home. We lead the fight to protect children, creating vital resources for them and the people who keep them safe. Child Abduction In Illinois "A person commits the offense of child abduction when he or she does any one of the following: (1) Intentionally violates any terms of a valid court order granting sole or joint custody, care, or possession to another by concealing or detaining the child or removing the child from the jurisdiction of the court. The AMBER Alert in Indian Country (AIIC) Initiative assists Tribal communities in developing programs to safely recover endangered missing or abducted children through the coordinated efforts of the Tribes and their local, state and federal partners by using training and technology to enhance response capacities, capabilities and increase public participation in protecting children. detaining the child or removing the child from the jurisdiction of the court. PLAINFIELD, IL Police have released the name of a man charged in connection with the abduction of his 5-year-old son in Plainfield. a woman who is not his wife. The abduction became the biggest mistake of . The parenting agreement may not grant one parent time with the child but if the parent just stopped by the school and took the childthat parent WOULD have the consent of one parent, THEMSELVES! Just after the alleged attempt, Winfield resident Jennifer Lynne, a Managing Partner at local law firm Cozzani and Malec, issued the following statement on various local Facebook pages: The child's father went inside to grab food and left his rental car running and unlocked with the boy in the back seat, when someone jumped in and took off, according to Dolton Police Chief Ernest Mobley. These children and their most up to date poster can be found below. Also, be sure to ask for a capable device the next time you acquire a new mobile device. Most kids who are reported missing have run away or there has been a misunderstanding with their parents about where they were supposed to be. People v. Algarin, 558 NE 2d 457 Ill: Appellate Court, 1st Dist. AMBER Alerts are usually resolved within hours. (9)Knowingly retains in this State for 30 days a child removed from another state The 2019 second edition of the guide provides a "what works" approach based on input of those who lead and oversee AMBER Alerts as part of larger missing persons and child protection programs at the state and regional levels. DOLTON, Ill. (WLS) -- An 8-month-old baby has been found and is in good condition following an Amber Alert issued Saturday morning. (b) Confinement of a child under the age of 13 years is against his will within the meaning of this Section if such confinement is without the consent of his parent or legal guardian. 720 ILCS 5/101. An Amber Alert was canceled Tuesday afternoon in Illinois hours after police in Maywood said a 3-year-old girl was abducted during a DCFS visitation session with her mother in the western Chicago . 1990. (a) For purposes of this Section, the following terms have the following meanings: (1) " Child " means a person who, at the time the alleged violation occurred, was under the age of 18 or was a person with a severe or profound intellectual disability. See Active AMBER Alerts or lawful custodian of the child or on the child with intent to cause that parent occurred, she or he shall provide the lawful custodian a summary of her or his rights Criminal Offenses -5.Child abduction on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Search for Abducted Atlanta Baby Goes Nationwide Read More 24-Hour Hotline 1-800-843-5678 Search Missing Posters Make a CyberTipline Report AMBER Alerts NCMEC is the nation's largest and most influential child protection organization. shall make a written police report of any bona fide allegation and the disposition [16 minutes of hell; Volkswagen says serious breach led to delay in giving authorities GPS location of stolen car carrying toddler], A short time later, a person working at a business in the 2200 block of Lakeside Drive in Waukegan called 911 to report they just saw two vehicles enter the parking lot, and the driver of one of the cars abandon a small child, the statement said. All Rights Reserved. March 17, 2022. Topics include establishing and managing leads, search and recovery operations, screening and training volunteers, interacting with abduction victims' families, managing media, and more. https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-10-5/, Read this complete Illinois Statutes Chapter 720. Not once did a judge ever refer the states attorneys to prosecute one of the parents. (b) of this Section is guilty of a Class 3 felony. 4 felony. . Officials are urging residents to look at their home security footage to see if they can spot the vehicle or any individuals running out of the car. designated by the unit of local government for use solely or primarily for children's building, housetrailer, or dwelling place without the consent of the child's parent from whom the child was concealed, detained, or removed. It is presumed that, when the parties have never been married to each other, the The incident happened the same day DCFS officials faced intense questioning from Springfield lawmakers about an auditor general's report that found widespread failures by the agency in tracking and safeguarding children. By submitting your email to receive this newsletter, you agree to our, 16 minutes of hell; Volkswagen says serious breach led to delay in giving authorities GPS location of stolen car carrying toddler, A defensive stalwart, Oswego Easts Tyler Jasek surprises Joliet West. First published on November 15, 2020 / 2:05 PM. Child Abduction (if convicted on or after January 1, 2011); . Wireless customers will not be charged for the receipt of these messages. in the physical custody of the defendant or another, the law enforcement officer shall (3)Lawful custodian means a person or persons granted legal custody of a child or entitled to physical Secure .gov websites use HTTPS or removal of the child; (2)that the defendant inflicted or threatened to inflict physical harm on a parent <>/Metadata 315 0 R/ViewerPreferences 316 0 R>> Approximately 80 percent of child abductions by strangers occur within 1/4 of a mile of the child's home. power. An official website of the United States government, Department of Justice. In every proceeding for the enforcement of an order or judgment when the court finds that the failure to comply with the order or judgment was without compelling cause or justification, the court shall order the party against whom the proceeding is brought to pay promptly the costs and reasonable attorneys fees of the prevailing party. 750 ILCS 5/508(b). Child Abuction is essentially kidnapping by a parent. Child abduction is a class 4 felony in Illinois (1 to 3 years in prison). a child abduction, knowingly destroys, alters, conceals, or disguises physical evidence ---. 2020 CBS Broadcasting Inc. All Rights Reserved. Earlier, Illinois State Police issued an alert for an 8-month-old boy. The child must be under the age of 16 or have a proven mental or physical disability. support obligations or visitation rights, such a paternity order should, for the purposes CHICAGO (CBS) -- UPDATE: Illinois state police say a two-month-old child has been located after an Amber Alert was issued for his abduction. Kidnapping is a class 2 felony in Illinois. According to police in Dolton, 1-year-old Carleigh Mackey . recreation; and school means a public or private elementary or secondary school, community college, college, If the parent truly will not return the child, you may apply for a warrant to have the police take physical custody of the child from that parent. The horrible case of a child abduction in Georgia early this morning reminds us that after a child kidnapping, the first steps you take can be crucial. On Instagram: If an AMBER Alert is activated by law enforcement and you are in the designated search area, the alert will appear in your Instagram feed. Kidnapping may happen during child custody disputes or during a bitter divorce or break-up when an emotionally distraught parent takes a child without the consent of the other parent. There are 82 AMBER Alert plans throughout the United States. The alleged order violator then has to prove they didnt willfully violate the order after even just some showing that the order was violated (usually just a signed affidavit attached to the Petition for rule). If youre worried your ex will kidnap your child or youre worried youll be accused of kidnapping your child, contact my Chicago, Illinois family law firm to talk with an experienced Chicago divorce lawyer. Facebook also automatically notifies users near the location of an AMBER Alert. All other posters are the responsibility of the agency whose logo appears on the poster. or any substantially similar federal, Uniform Code of Military Justice, sister state, An Amber Alert was canceled early Tuesday for a 15-year-old girl who was kidnapped Monday afternoon in Dolton, Illinois. That last paragraph essentially tells us that you cannot commit the crime of kidnapping if it is your own child. The Ford then fled from the scene of the crash, ISP said. ?%sRZF4"7^=[Z. Is It Better To Be Legally Separated Or Divorced In Illinois? o In the case of an AMBER Alert, the message would indicate that an AMBER Alert has been issued for your area and, relevant information about the missing child, and if possible, the abductor and/or vehicle used in the abduction. In addition to any sentence imposed, the court may assess any reasonable expense CHICAGO (CBS) -- UPDATE: Illinois state police say a two-month-old child has been located after an Amber Alert was issued for his abduction. (6)Being a parent of the child, and if the parents of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15-day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or contact with the child. Abduction is defined as taking away a person by persuasion, by fraud, or by open force or violence. The woman remains at an area hospital, where her condition, which is still serious, had stabilized after suffering injuries to her extremities, the statement said. Kidnapped Dolton girl, 14, found safe; state police trooper injured in chase. I was exhausted., Do Not Sell/Share My Personal Information. An Amber Alert in Maywood, Illinois has been canceled after a 3-year-old girl who was abducted by her mother during a DCFS visit was found safe, police said. As adults, child victims of international parental kidnapping may struggle with identity, relationship, and family issues. (10)Intentionally lures or attempts to lure a child: (A) under the age of 17 or % OJJDP has partnered with the National Center for Missing & Exploited Children (NCMEC) for more than 30 years. (c)It is an affirmative defense to subsections (b)(1) through (b)(10) of this Section of the real property comprising any school or playground. DOLTON, Ill. - An Amber Alert was canceled early Tuesday for a 15-year-old girl who was kidnapped Monday afternoon in Dolton, Illinois. a prior conviction of a sex offense as defined in the Sex Offender Registration Act 2005 Illinois 720 ILCS 5/ Criminal Code of 1961. o Because the alerts are sent on a special wireless carrier channel called Cell Broadcast they are not affected by congestion on the voice or SMS text channels. contracted by a school to transport students to or from school or a school related The childs mother says he was driving a 2001 Chevrolet Trailblazer with Illinois license plates Z529020. The Child Abduction Amber Alert system is named after Amber Hagerman, a 9-year-old who was abducted and murdered in Arlington, Texas, in 1996. possession of a child pursuant to a court order. (2.1)Express consent means oral or written permission that is positive, direct, and unequivocal, requiring Implementation of the Ashlynne Mike AMBER Alert in Indian Country Act of 2018: A Report to Congressprovides Congress with an assessment of the readiness, education and training needs, technological challenges, and obstacles encountered by tribes in the integration of state or regional AMBER Alert communication plans. Copyright 2023, The Law Office Of Russel D. Knight. o No. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Police are looking for a man driving a stolen white BMW who carjacked a woman and ran her over before abducting her 2-year-old who nearly wandered into a busy street after being abandoned Thursday. Noah is a White boy, 20 inches tall, and weighs 15 pounds. activity; on the real property of a school; or on a public way within 1,000 feet AMBER Alert Best Practices, Second Editionprovides updated guidelines to help states and regional offices recover abducted children through AMBERAlerts. child. AMBER Alerts are activated in the most serious child-abduction cases. Illinois State Police Clearinghouse for Missing Persons 2200 South Dirksen Parkway, Suite 238 Springfield, IL 62703-4528 Phone: (217) 785-4341 1-800-843-5763 (nationwide) Fax: (217) 557-0565 . In a statement, DCFS spokesperson Bill McCaffrey said: "The Department of Children and Family Services is extremely grateful for the efforts of law enforcement to quickly find the young girl. This is absolutely prohibited under the Illinois Professional Rules Of Conduct which govern the behavior of attorneys in Illinois. Chicago Tribune editors' top story picks, delivered to your inbox each afternoon. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. <> (b)A person commits the offense of child abduction when he or she does any one of Before or during the commission of a child abduction as defined in Section 105 and with the intent to promote or facilitate such offense, he or she intentionally aids or abets another in the planning or . Designed to help law enforcement officers improve their response to cases of missing or abducted children, the guide provides best practices from subject matter experts in AMBER Alert programs nationwide. Fri Jul 28, 2017 07:49 pm Cardinal News. under paragraph (10) of subsection (b). As of 2013, AMBER Alerts are also delivered to wireless phones through theWireless Emergency Alerts program(WEA). (a) For purposes of this Section, the following terms have the following meanings: (1) "Child" means a person who, at the time the alleged violation occurred, was under the age of 18 or was a person with a severe or profound intellectual disability. An Amber Alert in Maywood, Illinois has been canceled after a 3-year-old girl who was abducted by her mother during a DCFS visit was found safe, police said. (5)At the expiration of visitation rights outside the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois. Thats three to seven years in prison. A person convicted of child abduction under subsection (b)(10) shall undergo a sex the following: (1)Intentionally violates any terms of a valid court order granting sole or joint Family/Parental Abduction Stats 78% of abductors are the non-custodial parent 35% of children were between 6-11 years old 24% of the abductions lasted between 1 week and 1 month He can shoot it., Justin Steele and 6 Chicago Cubs relievers combine for the 1st spring training no-hitter in franchise history, Leah Palmer experiences grand time as Geneva grinds out victory in Class 4A third-place game. Notice: The National Center for Missing & Exploited Children certifies the posters on this site only if they contain the NCMEC logo and the 1-800-THE-LOST (1-800-843-5678) number. As she came back out to the SUV to retrieve her other child, a 2-year-old boy, a white, 2000s model BMW with a black bumper and a loud exhaust pulled up behind her 2021 Volkswagen Atlas. Notwithstanding the presumption created by paragraph (3) of subsection (a), however, The incident appeared to be random but the suspect or suspects have not yet been found. possible; (3)the person was fleeing an incidence or pattern of domestic violence; or.